second reading? If I understand it, that
would be the proper construction of the rule
with the modification made by the gentleman
Mr. HEBB, The meaning of the rule is
this. If any subject matter is before the
Convention, and two amendments have been
made, the effect of the rule, if the previous
question is sustained by the majority of the
Convention, is to take a vote upon the second
amendment, then upon the first amendment
and then upon the special matter to which
the two amendments relate.
Mr, CLARKE. Upon that section, or how
many sections?
Mr. HEBB. It means that portion of the
section under consideration, the special mat-
ter under consideration. I think the words
make it very clear; but if any alteration can
be made to mnke it clearer, I shall not object
Mr. S'I'OCKBRIDGE. It appears to me as the
amendment is now proposed, and with this
understanding of its meaning, it is an im-
provement upon the rule to which it ie an
amendment. To illustrate, as I understand
the amendment offered by the gentleman
from Allegany, turn to the Constitution, and
it will be found that the 17th section of the
Legislative article, has in it, 1st, the style o
laws; 2d, the mode of enactment or repeal
3d, provisions in relation to amendments
then a provision for a code; and then pro-
visions relating to' the rules of practice
pleadings, forms of conveyancing, &c, All
these different matters are contained in that
single section. I suppose it could never have
been designed that when we had taken that
up, and a motion was made to amend the
part relating to the style of the laws; if the
previous question were demanded and sus-
tained, that would cover the whole article
The special matter, as I understand it, will
be that portion of this section which relates
to the style of the laws. The previous ques-
tion will bring us to a direct vote upon the
amendments and upon that portion of the
section; and then the next subject matter
comes before us for ii vote or for amendment,
and so on 'through the section. With that
view I am ready to vote for the amendment
Mr. CLARKE. I do not wish, in the rules
which are to govern our action, to have such
loose terms as this. All I want is that it
shall be definite, that we may know to what
the previous question will apply when it is
sustained. It it means a clause, or section,
or article, let it be stated. What I object to
is the use of this broad term which may have
a different meaning from that which the gen-
tleman contemplates. I want the rule to
contain a plain and comprehensive statement
of the action of the Convention to follow the
call of the previous question, if it is sustained.
if we adopt this amendment, we shall find
ourselves iu this difficulty. Upon the second
rending of a report we have a section under
consideration, and the previous question is |
called, as we Ilfive a right to call it under
this rule. Under the rule offered by the
committee you have a right to call the previ-
ous question upon the pending amendments ;
but this proposition goes further, and says it
may be called, not only upon the pending
amendments but upon the special mutter to
which they relate. The result will be this :
Under the rules reported by the committee,
when a section is read and amended, there is
no vote taken upon its adoption, but we pro-
ceed to the next section, and go through with
them as in considering a bill. A section is
read; an amendment is offered; the House
acts upon it; and then the President puts
the question: "Are there any more amend-
ments to be offered to this section?" if no
further amendment is offered, the next sec-
tion is read and so on until we have finished
the article; and then, for the first time, comes
the vote upon the whole article, as an inde-
pendent proposition, upon passing it to a
third reading. But if this amendment pre-
vails, every time we have a clause undercon-
sideration, a member can cull the previous
question, and call for the yeas and nays upon
amendments pending, and call for the yeas
and nays upon the adoption of the clause, as
we go along, and so on through every clause,
upon the second reading of a report. The
gentlemen upon the other side of this House
intimated that they wanted to protect them-
selves from factious opposition on the part
of the minority, and reach a vote. But
instead of restricting the action of the minor-
ity, they will find that by this amendment
they will considerably extend it. The result
will he that we can have a vote upon the
adoption of every specific clause, and have
the yeas and nays upon it; whereas under
' the rules as reported by the committee, we
' shall have merely a vote upon amendments,
as gentlemen may choose to offer them, and
the main question is on the third reading
when the vote is taken on the whole article.
I will only say one word in explanation of
the rule for the previous question as reported
by the committee. The ordinary rules gov-
erning the previous question are these, as
stated in the Legislative Guide, on page 81 :
"The previous question shall be in this
form: 'Shall the main question be now
put?' and its effects shall be to put an end
to all debate, and bring the House to a direct
vote upon a motion to commit, if such mo-
tion shall have been made, and if this motion
does nut prevail, then upon amendments re-
ported by a committee, if any, then upon
pending amendments, and then upon the
main question. On a motion for the previ-
ous question, and prior to the seconding of
the same, a call of the House shall be in or-
der; but after a majority shall have seconded
such motion, no call shall he in order prior
to a decision of the main question.
" On a previous question there shall be no |
