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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 205   View pdf image (33K)
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205
are amendments that our constituents want
adopted, and they sent us here to do that work
quickly; not for the purpose of remodelling
every portion of the organic law, but to make
the substantial changes the people demand.
These substantial changes, with such others
as are necessary, should be made as speedily
as possible. I put it to my friends, the majority
of this Convention, whether it is good
policy on their part, to establish a rule here
which puts it in the power of the minority of
this House, upon the average attendance, day
after day to check the majority in what they
have determined to do.
In a body of men like this, a certain num-
ber of men will always be absent. There has
not been a. full attendance yet. There are
men elected who have never taken their seats,
and yet their votes are counted. Men who
have never sworn in and taken their seats
under this rule are counted Every member
is counted, whether he is here or not. Sup-
pose there are 60 members present, and a
proposition gets 40 votes out of 60. Does
anybody doubt that that proposition has the
assent of the Convention? it has a majority
of two-thirds of the members present',, and
yet it is lost under this rule. As my colleague
remarks, if there are but 50 members present,
this rule puts it in the power of any two of
those members to stop any action upon the
third reading of reports. It seems to me that
this proposition ties up the hands of this ma-
jority, and I earnestly hope the Convention
will sec the necessity of rescinding this rule,
and putting it in the form proposed by the
amendment.
Mr. JONES, of Somerset. I think we are
taking a great deal of trouble in looking far
ahead, in fretting ourselves in the present
about what may be corning in the future.
There is a most excellent lesson in the Good
Book which says, " Sufficient unto the day is
the evil thereof." We have not yet come to
a vote in which this rule precluded our pro-
gress; and I do not think we ought to antici-
pate that we shall come to such a vote. As
to the non-attendance of members, it is not
to be supposed that will prevail when the
important business of voting upon the projects
to amend the Constitution shall come up. If
it shall, it will be within the power of this
House to compel the attendance of the absent
members; and that power in such a case
ought to be exercised. Then if it appears that
the Convention cannot come to a majority
vote as required by the rule, upon any propo-
sition from a committee, minority or majority,
it affords a fair field for that most excellent
mode of settling all difficulties, in a free land
among free people, the mode of compromise:
a mode, which, from the foundation of our
government to the present time, whenever
legislators were reasonable and patriotic
enough, has never failed to secure the appro-
bation of the majority. I apprehend we will
not have any difficulty on that subject here,
coming here with the patriotic purpose to do
what is best for the interests of the State,
Even if we differ in one, or two, or three
propositions, there will be some compromise,
proposed in a spirit of compromise, between
those who differ upon representation, upon
the Judiciary, and upon all such questions ;
and we shall finally hit upon some plan that
will command 49 votes in this Convention.
Otherwise you leave it, and it goes out to
the people to be submitted to their vote, as a
Constitution adopted by a. minority of those
elected to the Convention. The same difficul-
ties that exist here will exist among the peo-
ple, and our labors will he very likely to be
defeated by the vote of the people. If no
compromise upon these disputed points is
made, if it will not carry with it that sanction
of reasonableness and justice which will com-
mand our assent, the people will not adopt it
when it is submitted to their consideration.'
For these reasons I hope the Convention will
not change the rule which has been adopted
by a decisive majority on several occasions,
until there is some evidence that there is a
practical necessity for so doing. We ought not
to anticipate that such a necessity will occur.
Mr. BERRY, of Prince George's. The gentleman
from Baltimore city has appealed to
the House very earnestly to change its rules ;
and among other things has referred to the
Journal of Proceedings of yesterday, as show-
ing that no question could have been passed
yesterday by this Convention if this rule had
applied to the action of the Convention.
Mr. STIRLING. I know there is one propo-
sition here which was almost unanimously
defeated. There are filings rejected by ma-
jority, votes.
Mr. BERRY, of Prince George's. The gen-
tleman seems to anticipate my answer in part.
I think that instead of demonstrating the
position assunned by the gentleman, the Jour-
nal of yesterday's proceedings shows that there
will not be a diversity of opinion and division
of votes among the members of this body, ex-
cept upon merely political questions during
this session, I had the happiness yesterday,
which I had never expected to have, of voting
with the gentleman from Baltimore city nearly
every time. It was because I did not consider
this a political question. I considered it a
question of State policy, and not a political
question. I say that the experience of yester-
day shows that this rule will work well. One
of the propositions offered was so very outrage-
ous that it only received 9 votes, out of the
whole number of 80 members present. I
voted will the majority upon that question,
and had the proud satisfaction of voting with
the gentleman from Baltimore city, (Mr.
Stirling.)
I think the other gentleman from Baltimore
city who has spoken this morning, (Mr. .
Cushing,) said that if he was defeated this


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 205   View pdf image (33K)
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