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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1663   View pdf image (33K)
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1663
vision of the city into three counties of the
State, induces the hope that hereafter the mer-
cantile, the manufacturing, and the mechan-
ical interests will all be represented upon this
floor as separate and distinct classes. While
the men of the State outside of the city of
Baltimore are producers, and come here in a
solid body for their interests, and advocate
their interests, the city of Baltimore has had
two at one time, and finally ten representa-
tives upon this floor, and they have only rep-
resented the interests of the mercantile and
monetary community.
I hope that the system which has been es-
tablished here will not be disturbed. Al-
though there may be but one member for some
counties, these counties, particularly after
the adoption of certain sections in the consti-
tution prohibiting local legislation, will not
suffer the inconvenience they have heretofore
if their delegate is mot here to represent them.
I think that the report ought to remain as it
is, in order that all parts of the State may
have a fair representation.
Mr. NEGLEY. I hope the convention will
not disturb this report. If the majority of
the house by whom it has been carried here-
tofore disturb it now, you will have to reor-
ganize the entire thing; because not a single
feature in it will be applicable to it when once
disturbed. The whole theory is based upon
what it is now; and the nature of the provi-
sions for future additions in the representation
of the State will be entirely destroyed, and
you will have to refer the whole thing back
to another committee, or will have to go into
committee of the whole to reconsider and re-
organize and reform the entire plan. Have
not we spent time enough over this? Have
not we considered it fully? There is no sys-
tem at all that yon can possibly form, con-
taining so many elements of compromise as
this one system which was maturely and
deliberately considered by the committee,
and by the convention upon its second read-
ing. If it be disturbed at all, we come back
to first principles, and we must reorganize it
from its foundation. And where shall we
end? The temper of the house is not such
as to be able to take up such a question and
act upon it with deliberation, as when it was
before us upon its second reading. We are
just on the ere of adjournment. We are
all in a hurry, anxious to get away; and the
danger will be that if we disturb this report,
we shall make it infinitely worse than it is
now before we can agree upon it. I think
we would better stand by the report as it is.
Mr. BARRON called for the previous ques-
tion.
Mr. BRISCOE. I understand my proposition
to be before the convention, as I have sent it
to the table.
The PRESIDENT. The previous question
does not apply in this case.
Mr, STIRLING. This is a question indepen-
dent of the question of adopting the report ;
and upon that the previous question is called.
The PRESIDENT. The previous question ap-
plies to the entire report.
Mr. CHAMBERS. I rise to a question of or-
der. I find by the rules and orders that a
motion to amend may be made at the third
reading as well as. at any other time. 'The
chair has ruled several times that that is not
the order of proceeding, but that the question
should be, shall the article be opened for
amendment. I do not find anything about
opening it.
The PRESIDENT, It is the fifty-third rule. •
Mr. CHAMBERS. That rule is as follows :
Rule 53. "After a report of any committee
(embodying proposed provisions fur the con-
stitution) has passed through its second read-
ing, the question shall then be put by the
president of the convention, "Shall this re-
port be engrossed for a third reading?" After any
report of a committee has passed to a
third reading, it shall not be in order to amend
the same, except by the consent of the major-
ity of the inembers elected to the conven-
tion."
But by the consent of that majority it may
be amended; and the question of amendment
is just like any other amendment, I take it.
The PRESIDENT. No, sir.
Mr. CHAMBERS. My colleague moves to
amend this report. That motion cannot pre-
vail except by the consent of the majority of
the members elected to the convention; but
it is a proper motion.
The PRESIDENT. I will remark to the gen-
tleman from Kent (Mr. Chambers,) that un-
der the parliamentary rule a report upon the
third reading cannot be amended. That is a
general principle of parliamentary law, and of
course there must be a motion to dispense
with that rule of parliamentary law before
the convention can get at the provision in
this rule.
Mr. CHAMBERS. The fifty-third rule con-
trols that, and expressly says that it may be
amended on the third reading.
The PRESIDENT. The convention is to
be consulted whether, upon a consideration
of the entire report they will permit that
amendment to be introduced. If the conven-
tion permits the amendment to be introduced
then it will be in order to submit the amend-
ment.
Mr. BARRON. Has there been any question
before the house for the last two hours ?
The PRESIDENT. Yes, sir; the simple ques-
tion whether the convention will order the
report to be opened for an amendment. Un-
der the general principles of parliamentary
law, the report could not be opened upon the
third reading. It is the question whether
the convention will open it.
Mr. SANDS. I would like to say a single
word by way of appeal to our friends in this
house. It will be very brief, and if members


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1663   View pdf image (33K)
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