cle of the report of the committee on the leg-
islative department. It is headed so. They
recommend the insertion of this as the 39th
article, and the convention agreed to it.—
They took a vote upon the two pending
amendments, when the previous question was
called, voted upon the report, and then voted
upon the proposition—
The PRESIDENT. The gentleman is mistaken
on that point. The proper .distinction is that
this was the report of the majority of the
committee, which report received sundry
amendments. Pending these amendments
the previous question was called. What
then constituted the main question? It was
the adoption of the majority report of the
special committee. The adoption of that re-
port exhausted the previous question. The
previous question being thus exhausted, by an
adoption of the report of the majority of the
special committee, the committee were dis-
charged and the section recommended by
them and adopted by the convention into the
legislative report. When there, it stands like
every other section, open to amendments ;
but in this case by additions only.
Suppose there had been a vole upon a sec-
tion of the legislative article, bystriking out
and inserting another section without a call
for the previous question. In that stage of the
case it would be perfectly competent for the
house to add thereto, even after the vote upon
the section so inserted. The house could not
change the section so inserted, but they could
add to it matter embracing another idea not
inconsistent with that contained in the sec-
tion itself. The previous. question has never
been called upon the section as inserted in the
legislative report, and it does nut extend to
or embrace it. A concurrence in the report
of the majority of the special committee is the
main question. That is the idea which the
president wishes to enforce. Suppose there
had been an unguarded vote, and asection of
this legislative article did not embrace, in the
judgment of the house, what they intended,
How are you to reach it? By adding thereto
what was omitted. It is perfectly competent
to do so even after the vote is taken.
The main question only arose upon the re-
port of the committee, and did not embrace
more than a concurrence in the report of the
majority of the special committee, with the
pending amendments thereto. The report of
the special committee being disposed of, the
matter as reported by said committee is subject
to the same rules that govern the original re-
port from the standing committee on this
department in the legislative report, and
it becomes the 39th section of the legis-
lative report. It stands therefore, like any
other section, open to amendments. That
is the judgment of the chair, from which
the gentleman from Kent (Mr. Chambers)
appeals.
Mr. CHAMBERS. The ground upon which I |
stand is this: The section bad been adopted
under the influence of the previous question.
The house decided that that question should
be taken without debate. It was taken with-
out debate. The house decided that that sec-
lion should consist of certain words. Any
alteration makes it a different thing. Any
addition to it prevent? it from being what
the house have decided it shall be. Any
amendment of it, any addition to it, any al-
teration in it, is in my opinion prohibited,—
That is the ground upon which I take an ap-
peal from the decision of the chair,
Mr. BLACKISTON asked and obtained leave of
absence.
Mr. TODD asked and obtained leave of ab-
sence for Mr. Tatman, folder.
On motion of Mr. PUGH,
The convention took a recess.
EVENING SESSION.
The convention met at 8 o'clock, P. M.
The roll was called, and the following mem-
bers answered to their names :
Messrs Goldsborough, President; Abbott,
Annan, Audoun, Barker, Cunningham, Dan-
iel, Davis, of Washington, Dellinger, Earle,
Ecker, Farrow, Galloway, Greene, Hebb,
Hollyday, Hopkins, Hopper, Keefer, King,
Lansdale, Lee, Marbury, Markey, Mayhugh,
Miller, Murray, Negley, Nyman, Parker,
Parran, Pugh, Purnell, Ridgely, Robinette,
Russell, Schley, Scott, Smith, of Carroll,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Todd—44.
There being no quorum,
The sergeant-at-arms was sent for absent
members, and returned with Messrs. Clarke,
Duvall, Harwood, Henkle and Peter.
The roll was called again, and forty-nine
members responded.
Mr.DANlEL. There is a quorum present.
The gentleman from Prince George's (Mr.
Belt) is here.
Mr. BELT'S name was called, and he re-
sponded.
INTERNAL IMPROVEMENTS.
The convention resumed the consideration
of the thirty-ninth section of the legislative
article, to which as amended, Mr, HEBB had
submitted the following amendment :
" Provided further, that before any trans-
fer shall be made of the interest of the State
in the said Chesapeake and Ohio canal, the
Chesapeake and Ohio canal company shall in
proper form secure to the holders of scrip
and other creditors of said company, the
payment of said scrip and debts"
The pending question was upon the appeal
taken by Mr. CHAMBERS from the decision of
the chair, that this amendment was in order
On motion of Mr. ABBOTT,
The appeal was laid upon the table—ayes
32, noes not counted. |
