ment to an amendment pending, they must act
upon it; but if they act upon it and incorpor-
ate it, that disposes of it, and it is perfectly
competent to offer another amendment to
make it still better. It is perfectly competent
to offer an amendment in the second degree, in
the third degree you cannot. You cannot have
an amendment to an amendment to an amend-
ment. But if you amend an amendment by
the passage of the amendment to the amend-
ment, then you have the amendment as amend-
ed under consideration, and can amend it
again. There can be nothing clearer than that.
Mr, CLARKE. Upon looking at the matter I
think the chair will see that the point I raised
is correct. Section thirty-nine was under con-
sideration, and I submitted an amendment to
strike out all after the word "and" in the fif-
teenth line, submitting the question to the vote
of the people, and to insert an amendment.
That was the first amendment, to strike out
and insert. Then the gentleman from Balti-
more moved to amend that by striking out all
after "provided further," and inserting an
amendment. The vote upon that was taken
in three branches,and the vote never was taken
at all upon striking out the clause in the orig
inal section, submitting the question to the
vote of the people.
Mr. STIRLING. I do not make that point. I
say the gentleman cannot move to strike out
my amendment which the house put in.—
Here is the principle in Jefferson's Manual :
"When it is proposed to amend by insert-
ing a paragraph, or part of one, the friends
of the paragraph may make it as perfect as
they can by amendments before the question
is put for inserting it. If it be received it
cannot be amended afterwards, in the same
stage, because the house has, on a vote, agreed
to it in that form."
I offered an amendment which the house
agreed to, and adopted in that form. Now
the gentleman moves to strike out everything
the house has put in, and to insert something
else in the place of it.
Mr. CLARKE. I will modify it so as to retain
a few words of the gentleman's proposition.
Mr. STIRLING. You cannot strike out any-
thing the house put in.,
Mr. DANIEL. The gentleman not only pro-
poses to strike out what the house has passed
upon, but to insert the direct converse of the
proposition.
Mr. NEGLEY. There is another way in which
the house can get at it effectually; and that is
by voting down this amendment. If we vote
down this pending amendment, the amend-
ment of the gentleman from Prince George's
as amended by the gentleman from Balti-
more city, then the original proposition stands
before the house without any amendment at-
tached to it, as it came from the committee;
and then it will be competent for the house to
amend it.
Mr. STIRLING (in his seat.) That is true. |
Mr. NEGLEY. I presume that would be the
shortest way of reaching it, to have a direct
vote upon the pending amendment of the gen-
tleman from Baltimore city (Mr. Stirling,)
prohibiting the sale of these three public works
by the legislature. If we vote that down we
can perfect the section in any way we choose
Mr. PUGH. This is true enough; but for that
very reason I hope the house will not vote in
that way.
Mr. CLARKE. I will adopt the suggestion and
withdraw my proposition to amend. But be-
fore the vote is taken upon the pending amend-
ment, in as much as it is very material, deci-
ding the whole character of the section, I de-
sire to say a very few words upon the merits
of the question, and in justification of the
course taken by the majority of the commit-
tee.
The minority report provided that there
should be no section whatever embodied in
the constitution upon this subject, but that
the convention should be perfectly silent upon
it. The gentleman from Baltimore city (Mr.
Stirling) who signed the minority report, has
since taken a different ground, I understand
him to advocate a plan favorable to the Sale
of one of the public works at a proper time
under proper conditions. He has introduced
the proposition now before the house excepting
three of the most important public works,the
Chesapeake and Ohio canal, the Chesapeake
and Delaware canal,and the Tide Water canal.
1 understand him now as advocating the pro-
position that these works should expressly be
exempted from sale; or in other words, that
this convention should adopt a clause provi-
ding that so long as this is the constitution of
the State no sale of this kind shall take
place.
His proposition therefore amounts to this;
that in reference to all other works besides
these three unproductive works, the legisla-
ture may do whatever they choose, sell at any
time and under any circumstances, and do
whatever they choose with the proceeds from
the sale of the public works; in other words,to
leave the power of the legislature unlimited
and uncontrolled over all the public works of
the State, except these three canals. I do not
know whether the gentleman has changed his
views, and has taken a different position upon
this question, or whether his object is to sad-
dle this proposition with a rider which will
defeat it, and carry out the proposition he ad-
vocated in the minority report,
Mr. STIRLING. I will inform the gentleman
that that is not my position, I said yester-
day, and say now, that if a proposition can be
got through here for a reasonable sale of
the Baltimore and Ohio Railroad, I want to
vote for it, because I want that stock sold,
Mr. CLARKE. How with reference to the
other stocks ?
Mr. STIRLING. There is no other stock ex-
cept bank stocks. |
