Mr. CHAMBERS. The rules of this body.
Mr. STOCKBRIDGE. I rise to apoint of order.
The report of the committee on revision upon
the article on State's attorneys is now being
read; and all this discussion and vitupera-
tion of the past action of the house has no
connection with tire report under considera-
tion. So far as we have gone in relation to
the report now before the convention, there
is nothing but verbal changes; no material
alteration of the report, and that report and
nothing else is now before the house.
Mr. CHAMBERS. Matters have been presented
here and declared a part of the constitu-
tion which this body has never adopted.
Mr. STIRLING. I understand perfectly well
what use can be made and will be made of
this matter, and I will move to reconsider the
vote by which the convention has just adopted
the report of the committee on revision on
the article on elective franchise, and if it is
found that any material change has been
made in that article, I will call the yeas and
nays on it.
Mr. STOCKBRIDGE. I raise the point of order
that that motion is not in order, until the re-
port now under consideration is disposed of.
The CHAIRMAN (Mr. Daniel.) The point of
order is well taken. The motion to reconsider
is not now in order.
The various amendments suggested by the
committee on revision to the article on State's
attorneys were severally agreed to.
EMOTIVE FRANCHISE.
Mr. STIRLING. I now move to reconsider
the vote by which the report of the commit-
tee on revision on the article on elective fran-
chise was adopted. My object in making this
motion is this: objection has been raised that
words have been put in that article which ma-
terially affect its substance, and some objec-
tions have been made that the forms required
by our rules have not been strictly observed.
Now I do not intend that any such objections
shall be made. I therefore move to recon-
sider that report, in order that the several
amendments proposed may be spread upon
the journal, and the yeas and nays be taken
upon concurring in the report of the commit-
tee, so that no objection can be made to our
action here.
Mr. CHAMBERS. I would ask the gentle-
man if he does not consider that objection
well taken ?
Mr. STIRLING. I say that when the conven-
tion concurs in the report of the committee
on revision, then the changes they recommend
become a part of the constitution. If the com-
mittee, under the authority of the rules of
this house, make a recommendation to the
convention, and it is concurred in, that is all
that is required.
Mr. BROWN. Has not a section been intro-
duced in this article by the committee on re- |
vision, which was submitted to the conven-
tion and rejected ?
Mr. STIRLING, No, sir; only a sentence
added to a section already adopted.
Mr. EARLE, I hope the report will be re-
considered, and that the changes proposed
will be printed, or stated fully to the conven-
tion, so that every member can act under-
standingly upon them,
The question being then taken upon the
motion to reconsider, it was agreed to.
The question was upon concurring in the
report of the committee on revision.
The amendments proposed by the commit-
tee were again read.
Mr. NEGLEY. I would ask whether, accord-
ing to the rules of this convention, it would
not be necessary to move to reopen the article
so as to permit these amendments to be made ?
Upon the third reading of any article no
amendment can be made to it except upon the
vote of a majority of the inembers elected to
this convention, or on a motion to suspend
the rules, requiring a vote of three-fifths of
the members present.
The CHAIRMAN (Mr. Daniel.) This article
having passed its third reading, now comes up
as a matter not strictly provided for by the
rules. In the opinion of the chair it is com-
petent for the convention to take any action
upon it they may think proper.
Mr. CUSHING. I move that the convention
concur in the report of the committee on re-
vision, and on that question I call for the
yeas and nays.
The yeas and nays were ordered accord-
ingly.
Mr. BELT. I would ask if the committee
on revision can make any substantial addition
or amendment to any report referred to them 1
Take the earliest instance we have of the ac-
tion of a committee on revision, in the con-
vention of 1787, which framed the constitu-
tion of the United States. The distinguished
committee of revision of that body, in deter-
mining on their duties, determined that they
were authorized merely to make verbal chan-
ges, changes of words, not to add anything
which was substantial.
The CHAIRMAN (Mr. Daniel.) In the opin-
ion of the chair, any substantial change or
alteration would have to be reported to this
convention, and the vote taken upon it by
yeas and nays. The chair thinks it is com-
petent for the convention to make such chan-
ges and alterations at this stage; otherwise
after the convention has passed any article, if
any mistake was discovered in it, the work of
the body could never be perfected. The com-
mittee on revision certainly can report what
changes and alterations they deem necessary
to be made, and it is in the power of the con-
vention to take such action upon their report
as they may think proper. The chair thinks
any substantial change should be passed upon
by yeas and nays. |
