sufficient guide for me at least, and furnishes
me a sufficient reason for opposing this rule.
Now, if we require the affirmative votes of
the whole of a quorum (a quorum being
fifty members) or, four-fifths of what may
constitute the Convention, to carry any
measure in this body—and it is not finally
acted on here, but the people must ratify it—
I doubt if we shall be able to pass scarcely
any single article in the Constitution. Sixty-
five members are a sufficient number to form
this Convention and make it legal; and fifty
is more than three-fourths of that number.
When the bill prescribed that a quorum
should consist of fifty members, it made that
a sufficient number to transact the business
we are sent here to perform; and the ma-
jority of that quorum should be a sufficient
number to determine any question, If members
think that twenty-six members should
not be allowed to pass finally upon any arti-
cle, then let them attend here as they ought,
There is a very great difference between get-
ting twenty-six to oppose a measure, and
getting fifty to support it. I am in favor of
the proposed amendment.
Mr. MILLER. I do not rise for the purpose
of reiterating the argument made when this
question was before the Convention the other
day. It was very fully considered at that
time. I find by reference to the Journal that
upon the motion of the gentleman from Alle-
gany (Mr. Thruston) to strike out that por-
tion of the 43d Rule requiring a majority of
all the members elected to this Convention to
vote for the final passage of any article, the
gentleman from Baltimore (Mr. Cushing)
who now moves this amendment voted for
retaining that provision in the rule as it now
stands. He has given to the Convention this
morning no reason why he has since changed
his views upon that subject. And there has
been nothing in the action of this Convention
since then which would authorize a change o f
opinion upon the part of those gentlemen
who then voted for this rule. We have no
article up for final consideration, to deter-
mine whether or not there would be a ma-
jority of the members elected to vote for it.
I presume that upon most of the articles
which will be incorporated in this Constitu-
tion there will be no conflict of opinion upon
them, and the members present would unan-
imously vote in favor of them. So that this
rule will not operate to prevent the action of
this body in reference to the great majority
of the articles which this Convention may
adopt.
in reference, however, to disputed points,
and disputed articles, where there is great
division of sentiment in this body, I think
the rule laid down by the present Constitu-
tion of this State a wise and a just one, and
should be adhered to by us; that when we
submit to the people of this State for their
approval any article of the Constitution, we |
shall present it with the sanction of the
votes of a. majority of the members elected to
this body. For these reasons, and also for the
reason that there has yet been nothing in
the action of this body, since its vote upon
the adoption of this rule, to indicate any
necessity for changing this rule, I hope we
shall adhere to it, at least until we shall see
by some application of it that some injury,
some injustice will be caused by its enforce-
ment.
Mr. SCOTT, I hope the gentleman from
Baltimore (Mr. Cushing) will not press a
vote upon his amendment at this time. We
have suffered no inconvenience and no delay
from the application of this rule, because we
have not as yet taken any oath under it, and
no danger of difficulty can arise, with the
rule as it now stands, any more than if
amended as he proposes, if gentlemen will
but attend here. If the gentlemen to whom
the people of Baltimore city have entrusted
their interests in this Convention will only
be at their posts, it matters not what rule
be adopted. But if they choose to ab-
sent themselves, and the business of the
Convention is retarded thereby, then the re-
sponsibility will rest upon them and not
upon us.
The PRESIDENT. The Convention can com-
pel the attendance of its members at any
time,
Mr. SCOTT. Then I shall vote for the rule
as it now stands, and against the amend-
ment.
Mr. HENKLE. The amendment proposed
by the gentleman from Baltimore city, (Mr.
Cushing), and which we are now considering,
if I understand it, is to strike out the words
"the final passage of a report, or," now in
the 42d Rule, so that it will then read :
"All questions, except on a motion to sus-
pend the rules, or those otherwise herein pro-
vided for, shall be determined by a majority
of the members present," &c.
Gentlemen here seem to discuss that amend-
ment as if its adoption would amount to a
repeal of the 43d Rule. I cannot see how
the adoption of this amendment necessarily
operates as a repeal of the 43d Rule, when it
is proposed to have this 42d Rule", even if
amended, to read—"All questions, except, on
a motion to suspend lire rules, or those oth-
erwise herein provided for." Even if this
amendment be adopted, the 43d Rule will still
require the votes of all the members elected
to this Convention to incorporate any article
in the Constitution.
Mr. STIRLING. That is true; but if this
amendment is carried, it will show that a
majority of this house is in favor of amend-
ing the 43d Rule also,
Mr. HENKLE. That maybe so, but that is
not the proposition now before the House.
The PRESIDENT. The Chair will remark
that as the same principle applies to both |
