The PRESIDENT. That is not in order.
Mr. PUGH. We are now in precisely the
same position that we were betore we took
the vote upon the motion. We are about to
take the vole; and before the vote is taken I
move to suspend the fifty-third rule.
The PRESIDENT. It is not in order to sus-
pend that rule.
Mr. PUGH. I call the attention of the chair
to the forty-ninth rule :
Rule 49. The rules may be suspended when
demanded by three-fifths of the members
present.
The PRESIDENT. That is a suspension of
the rules of the convention. The suspension
of the rules is to avoid their operation for a
particular time for a particular purpose.
You cannot suspend the operation of this rule
here.
Mr. PUGH. The purpose I have is very
plain. A large majority are in favor of do-
ing a certain thing, and their recorded votes
say so. It is because I am in favor of the
democratic principle of the rule of the ma-
jority that I move to suspend the fifty-third
rule, to allow the majority of the house, being
in favor of doing a certain thing, to have
that privilege. I ask: the gentleman from
Kent to withdraw his motion in order that I
may make the motion to suspend the rules.
The PRESIDENT. What is the object of sus-
pending the rule ?
Mr. PUGH. To give the majority of the
house the power to do as they have decided
by their vote that they will do.
The PRESIDENT. That amounts to rescind-
ing the rule.
Mr. PUGH. While it is suspended it is not
in operation.
Mr. SANDS. Many of us voted for this
proposition who were anxious to obtain the
object; but we will not do so outaide of our
regular rules, and will vote against any sus-
pension of the rules. I voted for the propo-
sition as a measure of fairness; but I will
not vote to rescind or violate our rules in or-
der to pass it.
Mr. PUGH. I do not regard it as a viola-
tion of the rules. Under the 49th rule, which
I have read, I have a perfect right to make
this motion. I have as much right to ask
for action under the 49th rule, as any gen-
tleman under the 53d rule.
The PRESIDENT. The gentleman mistakes
the character of the suspension of the rules.
It is only done for the purpose of progressing
in the business of the convention. It is not
that any vote or action of the convention
shall be changed thereby. The rules could
be suspended at any time, and the majority
could do anything they pleased.
Mr. POOH. That is my idea; and the rea-
son for my motion.
The PRESIDENT. The convention can re-
scind the rule upon one day's notice. If this
proposition is voted down now, it does not |
preclude the reconsideration of it at any
time.
Mr. CHAMBERS. I understand the chair to
have intimated that the fifty-third rule cov-
ered the question of the amendment proposed
by my colleague. If I understand the state
of the case, there is nothing to require more
than a majority of the votes of the members
present to carry the proposition except so far
as the fifty-third rule provides to the con-
trary. The fifty-third rule says that it shall
require a majority of the members elected to
the convention to amend upon the third read-
ing; but if this rule does not operate, the
majority carry the question. If the rule is
suspended', how can It operate? The rules.
as I understand the practice in congress, are
suspended for the purpose of taking a par-
ticular vote, a vote upon a particular ques-
tion, The very motion of the gentleman
from Cecil (Mr. Pugh) is that the fifty-third
role shall not operate quoad hoc, so far as the
vote upon this question is concerned. If
the .fifty-third rule be suspended it does not
operate. If it does not operate, the majority
carries the vote. That is the view I take of
the matter. I cannot see how, if the rule is
suspended, it can yet be in force to require a
larger vote than a majority. The rule being
suspended Is silenced; and the rule being
silenced the majority carries it. I submit it
to the chair that this is a proper considera-
tion.
Mr. NEGLEY. We have attempted on pre-
vious occasions to alter the rules; and that
motion must lie over.
Mr. CLARKE, Will the gentleman yield
the floor to enable me to make a suggestion ?
1 bad not looked at the fifty-third rule at the
time the chair made the decision that the mo-
tion was not, adopted. Upon reading the
rule, I lake the liberty to call the attention
of the chair to it, with a view to a modifica-
tion of his decision. It reads in this way :
"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 con-
sent of the majority of the members elected
to the convention."
This rule therefore applies to the question
whether it shall be in order to amend the re-
port on its third reading; in other words
whether the report shall be opened upon its
third reading to amendment That was
passed upon by the house without the yeas
and nays being called; and they determined
that this amendment might be offered.
The PRESIDENT. No, sir; the reverse.
The yeas and nays were called upon that
question, and a majority of the members
elected did not vote for it.
Mr. CLARKE. I voted upon the question
understanding it to be the question whether
or not this amendment should be embodied
in the report.
On motion of Mi. ANNAN, |
