Mr. NEGLEY, when his name was called,
said:
When this section was informally passed
over, I understood it was to be passed over
until we had gotten through the balance of
the report, not only what then remained
unacted upon, but all such amendments as
should be proposed. Then we were to return
to this section and complete the report. That
was done under an understanding with the
gentleman from Baltimore county (Mr. Ridge-
ly,) who bad an amendment pending. He is
not here to-night, and with the understanding
1 had of this matter, I shall be compelled to
vote against taking up this section. I there-
fore vote " no."
The section as reported by the committee
on the legislative department, was as follows:
"Section 38. These general assembly shall
pass laws to sell, lease, or otherwise dispose
of the State's interest in the works of internal
improvement, in which the State is either
stockholder or creditor; and to appropriate
the proceeds arising therefrom towards the
payment of the public debt of the State; and
alter the public debt shall have been fully
paid off, or the sinking fund shall be equal to
its liquidation, to create out, of such proceeds
a permanent fund for the support of public
education."
The following substitute for the section had
been offered by Mr. RIDGELY :
"Section 39. The governor, comptroller,
and treasurer of the State, are hereby autho-
rized conjointly, or any two of them, to sell
from time to time according their best judg-
ment, the State s interest in the works of
internal improvement, whether asstockholder
or creditor; also the State's interest in any
banking corporation, and to apply the proceeds
arising therefrom towards the payment of the
public debt of the State; and after the public
debt shall have been fully paid off, or the
sinking fund shall be equal to its liquidation,
the excess of such sales shall be set apart as a
permanent fund for the support of public
education; provided, however, that the power
hereby conferred, shall only be exercised
when the proceeds of such sales can be con-
verted into a like amount of the public debt ;
and provided further, that the State's in-
terest in the Washington Branch of the Bal-
timore and Ohio Railroad, shall be and is
hereby reserved and excepted from the sale
hereby authorized; and provided further,
that the State's interest in or claim against
other works of internal improvement in the
State, may be sold upon the best terms which
may by obtained tor the same."
The pending question was upon the follow-
ing amendment submitted by Mr. THOMAS to
the substitute:
Insert after the words—"and provided
further, that the State's interest in the Wash.
ington Branch of the Baltimore and Ohio
Railroad," the words: |
"And of the main stem of the Baltimore
and Ohio Railroad, and of the Chesapeake
and Ohio Canal."
Mr, CUSHING. Notices of amendment have
been given in great number, and they have
been argued at great length. I should like
to dispose of this matter, and therefore 1 call
for the previous question.
The call for the previous question was
seconded.
The question was upon ordering the main
question.
Mr. JOKES, of Somerset. This is an evening
session; the house is not full; it was not ex-
pected that this subject would come up to-
night. I therefore call the yeas and nays
upon ordering the previous question.
The yeas and nays were ordered.
Mr. STOCKBRIDGE. An amendment wag
offered by the gentleman from Montgomery
(Mr. Duvall.) At my suggestion, he with-
drew it, with the understanding, however,
that he should have an opportunity to offer it
at some subsequent time.. 1 consider it due
to him that he should have an opportunity
to present that amendment again. I wish to
know whether if the main question is now
ordered, that amendment will be in a position
to he acted upon.
The PRESIDENT. No amendment will be
considered that has not been actually offered
and entered upon the journal.
Mr. AUDOUN. So far as I am concerned, 1
am ready to vote upon this question at any
time. But I think there is a certain amount
of courtesy due to my friend from Baltimore
county (Mr. Ridgely.)
Mr. CUSHING. Is the gentleman in order ?
The PRESIDENT. The call for the previous
question is not debatable.
Mr. PETER. 1 desire to ask a question for
information. If the previous question is re-
fused, will it then be in order to offer amend-
ments?
The PRESIDENT. It will be in order.
Mr. HEBB. Should the call for the pre-
vious question besustained, its effect will be
to bring the house to a vote upon the pend-
ing amendments, and then upon the origi-
nal section, while the different propositions
and substitutes which various members have
given notice they will offer if they have an
opportunity, will be cut off. That 1 under-
stand to be the operation of ordering tb*
main question.
The PRESIDENT. The sustaining the call
for the previous question does not restrict the
convention merely to the pending amend-
ments. Under parliamentary practice amend-
ments to the second degree only can be enter-
tained. But notices of amendments which
have been recorded upon the journal must be
disposed of in some way. Therefore if the
previous question is ordered the question will
be taken upon all pending propositions.
Mr. HEBB. The only difficulty is, that ac- |
