Mr. JONES of Somerset. If after it is en-
grossed it is in order to amend it, it must be
re-engrossed. I thick it ought not to be en-
grossed until it is finally acted upon by the
Convention.
The PRESIDENT. The usual parliamentary
course is that when a bill haa been engrossed
it is not susceptible of amendment. Of course
the Convention may adopt any rule they
please.
Mr. KENNARD. It is susceptible of amend-
ment on the third reading, by this very rule.
The PRESlDENT. That would necessitate
the re-engrossment of the bill.
Mr. JONES of Somerset. At the proper
time I shall more to amend by taking out
the words "except by the consent of the ma-
jority of the members elected to the Conven-
tion."
The amendment of Mr. KENNARD was agreed
to.
Mr. JONES of Somerset. I now move to
strike out the exception at the end of the
rule, and insert the words "and been en-
grossed," so that it shall read :
"After any report of a committee has
passed to a third reading and been engrossed,
it shall not be in order to amend the same."
Mr. STOCKBRIDGE. If the gentleman from
Somerset will consider this matter moment,
perhaps he will waive his amendment. It
may be very desirable to retain the power to
amend an article until the very last moment.
The Constitution, when it is completed, must
be a symmetrical whole; and in order that it
may be so, and that one article may corre-
spond with another, we have already under
the 44th Rule given great latitude to the
right of reconsideration, providing that it
may be done at any time. We may adopt
an article to-day, and in deliberating upon
another article next week, or three weeks
hence, we may adopt some amendment which
will render it neecssary, in order that the
articles should be consistent with each other,
that the article adopted to-day should be
amended. I would suggest that it is desira-
ble that this power should be left in the hands
of the majority of the whole Convention, or the
majority of all the members present, to amend
until the last moment, in order that the Con-
stitution which we may adopt may be sym-
metrical,
Mr. JONES of Somerset. As the only ad-
ditional trouble will be engrossing it again,
in case of amendment, I withdraw the amend-
ment I have offered.
Mr. CLARKE. I hardly know whether it is
necessary, but I will offer an amendment to
cover a point which may be doubtful and
which I thought had been covered by a special
rule. I move to insert after the words "second
reading," the words "on which second read-
ing it shall beopen to amendment." Bills
are always read for the purpose of being
amended, clause by clause; and the idea of |
the committee was that the reports of com-
mittees should in like manner be read and be
open to amendment. There is a provision
which says that this body shall be governed
by the rules of parliamentary practice, but
the rules of parliamentary practice would
not apply in this respect directly to reports.
I move this amendment, therefore, in order
to make it perfectly clear and distinct.
The amendment was agreed to.
Rule 54th, in relation to the previous ques-
tion, having been read,
Mr. HEBB moved to substitute for the entire
rule, the following as an amendment:
" The previous question shall lie always in
order in Convention, and shall be in this
form: "Shall the main question be now put?"
It shall only be admitted when demanded by
a majority of the members present, and its
effect shall he to put an end to all debate, and
to bring the Convention to a direct vote upon
pending amendments, and the section of the
Constitution then under consideration. On
a motion for the previous question, and prior
to the seconding of the same, a call of the
Convention shall be in order, but after a
majority shall have seconded such motion,
no call shall be in order prior to a division
of the main question; and on the previous
question there shall be no debate."
Mr. HEBB said: I will state the difference
between the rule offered by myself and that
offered by the committee in (heir report.
The committee divide the previous question
into two questions, one called the main ques-
tion and the other the previous question. By
section 1st, "The main question on the re-
port of any committee shall only be called
after the said report has passed to its third
reading." The proposition that I offer gives
the benefit of the main question on any
amendment. By section 2, the previous ques-
tion "may be called on any amendment
offered to the report of any committee, when
the same is on its second reading; and when
demanded by a majority of the members pres-
ent, it shall, until it is decided, preclude all
farther amendment and debate on the ques-
tion before the Convention; but shall not
preclude further amendments while the said
report is on its second reading."
For instance, when a section of the Consti-
tution is under consideration, and one amend-
ment has been offered, and then a second
amendment, the previous question could be
called. According to my rule its operation
will be to take a vote upon the second amend-
ment, then upon the first amendment, and
then upon the section under consideration.
In other words, when the Convention has
signified that it is prepared to take the vote
upon the section I see no reason why we
should be denied the privilege of the main
question upon the section under considera-
tion.
This is the exact rule which after consid- |
