but the rule adopted by Congress did not
suit him upon the other question; and that
wag one reason why I supposed the other
proposition would be carried, because it was
a rule of Congress. The principal reason
why I favor the amendment is that the coun-
ties vote together, and the first name called
reminds all the other gentlemen of that dele-
gation that it is time for them to vote; but
if they are called alphabetically, the answers
will come from that side and this side, that
corner and this corner, and it will be difficult
for a delegate to recognise his name, unless
paying especial attention to the call of the
roll. I suppose the Secretary had this list
printed in alphabetical order because he ex-
pected this rule would be adopted here; but
he will have them printed in the other order
if instructed to do so.
Mr. BERRY of Baltimore county. I did
not quote the rule of Congress exactly be-
cause it suited myself, but as the gentleman
applied it in the former case I certainly sup-
posed he would fall into it in the second.
The amendment was rejected—ayes 32;
noes 33.
Mr. BERRY, of Baltimore county, moved
to insert after the words " the names of the
members," the words, "beginning with the
President."
The motion was agreed to.
Rule 49th having been read,
Mr. CLARKE said; To that rule I offer the
amendment on page 58th of the Journal, at
the close of the rules to adopt in lieu of Rule
49th the following rule to be inserted as Rule
49th:
' 'The Standing Rules of the Convention
shall not be suspended except by a vote of at
least two-thirds of the members present."
This amendment is in its words precisely
like Rule 51 of the House of Delegates, which
is this:
" No Standing Rule or Order shall be re-
scinded or changed without one day's notice
being given of the motion therefor. Nor
shall any Rule be suspended except by a vote
of at least two-thirds of the members pre-
sent."
By referring to Rule 55th reported by the
Committee, it will be seen to embrace the
first sentence of this rule :
"No Standing Rule or Order shall bere-
scinded or changed without one day's notice
being given of the motion therefor."
I would simply suggest with reference to
Rule 49th, as reported by the Committee,
that if that be adopted .we may as well have
no rules atall. It places it in the power of a
majority of the members at any time to sus-
pend the rules Inother words there ia no
protection, no understanding of the regular
order of business, no knowing what ia to
come up in the Convention. Reports of
Standing Committees, or Unfinished Business
may be properly in order under this standing
rule; but a bare majority can take up any |
queation without any notice whatever, and
we may be compelled to deal with questions
without any previous knowledge of them,
which could not be done under the standing
rules. If the amendment is adopted as 1
propose, that the Rules shall not be suspend-
ed. without a two-thirds vote, it will still be
in the power of any gentleman who does not
like the rules to offer an amendment to change
the rules. We shall then understand what
the change is to be, and the. next day the
majority can so modify the rule, if they
choose. To require two-thirds of the mem-
bers present to suspend the Rules is a safe-
guard which is given in every legislative
body; and unless adopted we are exactly in
such a position that we might as well have
no rules whatever.
Mr. BERRY of Baltimore county. I move
to amend by striking out the word present,
and inserting the word "elected."
Mr, CLARKE accepted the amendment to the
amendment.
The amendment as modified was rejected.
Mr. CLARKE renewed the amendment in its
original form, and demanded the yeas and
nays upon its adoption.
The yeas and nays were ordered; and the
question being taken the result was—yeas 26 :
nays 46—as follows ;
Yeas—Messrs. Golds borough, President ;
Berry of Prince George's, Briscoe, Brown,
Carter. Chambers, Clarke, Crawford, Daniel,
Dennis, Duvall, Earle, Edelen, Gale, Har-
wood, Henkle, Jones of Somerset, Lansdale,
Marbury, Mitchell, Miller, Morgan, Parran,
Peter, Pugh, Scott—26.
Nays—Messrs. Abbott, Annan, Audoun,
Baker, Berry of Baltimore county, Brooks,
Cunningham, Gushing, Davis of Washing-
ton, Ecker, Galloway, Greene, Hatch, Hebb,
Hoffman, Hopkins, Hopper, Jones of Cecil,
Keefer, Kennard, King, Larsh, Mace, Markey,
McComas, Mullikin, Murray, Negley, Nyman,
Parker, Purnell, Robinette, Russell, Sands,
Schley, Schlosser, Smith of Worcester, Snea-
ry, Stockbridge, Swope, Sykes, Thomas,
Thruston, Valliant, Wickard, Wooden—46.
So the amendment was rejected.
Mr. JONES of Somerset moved to amend
the rule by striking out the word -'present"
and inserting the words "elected to this Con-
vention."
The PRESIDENT ruled the amendment iden-
tical with that of Mr. Berry, already voted
upon, and therefore out of order.
Mr. MILLER. I move to amend by insert-
ing "three-fifths of," so as to read "three-
fifths of the members present."
Mr. CLARKE. I understood the amendment
voted upon to be an amendment to my
amendment, on page 58; whereas the gentle-
man from Somerset moves an amendment to
the rule itself, on page 55.
The PRESIDENT. That ia correct. The mo-
tion of the gentleman from Somerset (Mr.
Jones) ia in order. |
