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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 206   View pdf image (33K)
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206
time, he would draw down his flag. I hope
the Convention will defeat the motion of the
gentleman to rescind this rule, because, as has
been already suggested by the gentleman from
Somerset, (Mr. Jones,) we have seen no prac
tical defects in this rule as applicable to our
proceedings. I think it is a wise and judicious
rule for the government of this Convention
and therefore should be retained as one of the
settled rules, that every proposition upon its
passage shall receive a majority of the votes
of the inembers elected, which would require
a proposition to receive 49 votes before it could
pass.
The gentleman from Baltimore City, (Mr
Cushing,) seems to rest upon the action of the
Convention of 1850; and he argues that they
could not have proceeded in their action ex-
cepting by a mere majority rule But in the
wisdom of that body they found that such a
rule would not do for a deliberative body, and
they restricted the Legislature of each House
so that before a. measure could be passed into
a law, is should receive in each House the
votes of a majority of the members elected to
that House. In the Senate it must receive 22
votes, and in the House one-half of the whole
number elected.
The gentleman stated that some of the
members elected to this Convention had not
taken the oath of office and had not appeared
I do not know of any instance, excepting a
member from St. Mary's county, who has been
detained at home on account of sickness. I
think the absence of members of this body, so
far as my experience goes, shows that our men,
although in the minority, are more generally
absent than the gentlemen upon the other side
Upon all political questions I have no doubt
the majority will feel it their imoerative duty
as they seem to caucus every twenty four
hours, to be present in order to carry out the
conclusions of the caucus.
Another thing. It will be perfectly legiti-
mate, upon the passage of any measure, or
upon the defeat of any measure, for any gen-
tleman who votes in the majority to move a
reconsideration of the question when they
have a fuller House. Tenacious as the gen-
tlemen upon the other side seems to be in
carrying out the plans digested and adjusted
in caucus, I have no doubt they will be pre-
pared for a. motion of theft character. When
they find they have lost a measure, some of
them will vote in the affirmative with a view
to make a motion to reconsider the measure.
The practical operation of this rule is as a
check upon too hasty action of this body. It
has no other practical operation. I repeat the
argument I made yesterday upon the subject,
that if a measure is required to receive in the
Legislature of your State a majority of the
votes of all the member selected to each branch
of the Legislature before it becomes a law, it
is more important that a Convention called to-
gether to frame the organic law of the State,
in its deliberations, should only consider such
provisions of that organic law to have been
maturely considered which shall receive a ma-
jority of the votes of the whole number of
members elected to the body.
That is a safe rule; and in these times of
excitement, in these times when party preju-
dices run to such an extent that fanaticism
seems to be the prevailing and governing
principle of our minds, we ought to have
some rules to preserve the purity of our ac-
tion and to ensure the success of wise provis-
ions in our Constitution. I hope, therefore,
that this amendment will be voted down, and
that my friend will draw down his flag, which
has only been at half-mast for the last two or
three days. Let him draw down lug flag;
and let us have these rules established as the
permanent rules for the government of this
Convention, and let them be printed in pamph-
let form under the order of the gentleman
from Talbot, (Mr. Valliant.)
Mr. CUSHING. At half-mast because I was
moaning over the blindness of members.
Mr. BERRY, of Prince George's. Blind
leaders of the blind, both falling into the ditch
together. I wanted to let you into the full
light of day. If your actions are governed
by reason, independent of prejudice, then
your conclusions will be very apt to be wise.
I hope this amendment will not pass.
Mr. SCOTT. I think there is no gentleman
in this House more anxious for a speedy ad-
journment of the session than I am. With
that view I voted for the rules as adopted, in
tire hope that they might compel the prompt
and general attendance of members. As the
rules have not yet operated as a bar to our
action, as we have lost no measure for the
want of a majority of the members elected, I
feel like insisting upon preserving the rules
just as they are until they do so operate. A
majority of the members elected are required
to pass any measure; and it is the duty of
these gentlemen who are elected here to he in
their places and attend to the interests of the
State and people that sent them here. I shall
therefore feel it nay duty to oppose any motion
to alter or change these rules until they act as
a bar to the prosecution of the business before
the House. Whenever it becomes apparent
that we cannot proceed with our business for
the want of a change in the rules, I am willing
to change them: but not till then.
Mr. HENKLE. The subject matter em-
braced in this amendment was before the Con-
vention for discussion yesterday. This makes
the third time that it has come before the
Convention. When we first acted upon the
rules, the question was under discussion, and
the rule was adopted as it stands. The gentle-
man from Baltimore city moved an amend-
ment which was discussed yesterday, and was
finally disposed of. Then he gave notice of
another amendment embodying" the same subject
matter; so that this question has twice


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 206   View pdf image (33K)
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