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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 209   View pdf image (33K)
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209
into the full light of reason. I want to go
there with him. I want to stand in that light
I want to act under that light.
Mr. BERRY, of Prince George's. I would
suggest that the cloud that hangs over him,
equal to the Egyptian midnight, must be first
expelled.
Mr. SANDS resumed. The gentleman has
heard of the little boy who went into the show
and saw two animals. He had heard of the
lion, and of another animal which had rather
longer ears than the lion; and he wanted to
know which was which. But the showman
replied, " You pays your money, and you
takes your choice." Whether my light or
that of the gentleman from Prince George's is
the true light I do not pretend to say, other
than for myself. But I will add this, that if
I wanted to go to an illuminating region, and
I saw ill one direction 35 suns, moons, or
stars, and in another direction a galaxy of 61,
I would turn any back upon the 35 and inarch
straight toward the 61. Light! Yes, we
want it; and I am going toward that system
which has the most orbs in it. I do not inter-
fere with the views of any gentleman. He
is perfectly welcome to entertain them, to ex-
press them, and to vote upon them. I want
the right to do so myself; I claim that right ;
and by no act of mine will I disrobe myself o:
the right and authority to do it.
Mr. BERRY, of Baltimore County. I see
that the 49th rule says :
" Rule 49. The rules may be suspended
when demanded by three-fifths of the members
present. "
This is not a suspension, but an alteration
of the rule. I desire to know what vote is
necessary ill order to change the rule.
The CHAIRMAN, (Mr. Purnell.) A ma-
jority.
Mr. BERRY, of Baltimore County. The 55th
rule is:
" Rule 55. No standing rule or order
shall be rescinded or changed without one
day's notice being given of the motion there-
for. "
That does not say how many votes are ne-
cessary. The third section of the 54th rule is.
" Sec. 3. The Rules of Parliamentary
Practice on the call of the previous question
on all other subjects shall govern the Conven-
tion. "
in both branches of the Congress of the
United States it requires two-thirds of the
members present to change or suspend.
" Rule 145. No standing rule or order o
the House shall be rescinded or changed with-
out one day's notice being given of the motion
therefor; nor shall any rule be suspended ex-
cept by a vote of at least two-thirds of the
members present," &c.
in a note, we find the exceptions to this
rule:
" By rule 104, a majority may at any time
suspend the rules for the purpose of going into
Committee of the Whole on the.State of the
Union, and also for closing debate therein ;
and by rule 119, to make any of the appro-
priation bills in special order. These are ex-
ceptions to this rule."
According to that, the rules cannot be
changed or suspended except by a two-thirds
vote.
Mr. CLARKE. When this 55th rule was
before the Committee I proposed to add to it
so that it should read, that the rules should
not be changed without a vote of a majority
of the members elected to the Convention.
The majority of the committee preferred that
there should be no provision whatever in re-
ference to it. I asked the committee what
rule should govern in that case, and they said
there was time enough, a.nd no answer was
given. The rule was reported in this way to
the Convention, purposely leaving it in that
state of uncertainty.
Mr. CUSHING. The same authority that
I adopted the rules can change them. We adopt-
ed them by a majority vote, and made no pro-
vision that it should require more than a ma-
jority, and consequently a majority can change
them.
Mr. CLARKE. I hold that the rules were
adopted by a majority of the members elect.
I know of hardly a member who voted against
them on their third reading. Following the
precedent of their adoption, it would require
a majority of the members elect to change
them.
Mr. BERRY, of Baltimore County. I should
like to have the question I raised decided; as
it may avoid future difficulty.
Mr. GOLDSBOROUGH, President. I think
my friend is laboring under the impression that
the rule of the House of Representatives
controls parliamentary law. I think he is mis-
taken in that respect. The House of Repre-
sentatives is nothing more than a mere body
like our own; while parliamentary law has
come down to us from our ancestors in Great
Britain. It is a standing rule, I believe, in all
bodies, that the majority shall control unless
the body shall have agreed and determined
otherwise, by a special rule.
The CHAIRMAN, (Mr. Purnell.) The Chair
is under the impression that in the absence of
a rule on the subject, the majority will pre-
vail.
Mr. HEBB demanded the yeas and nays,
and they were ordered.
Mr. CLARKE. The 47th rule is:
"Rule 47. The Rules of Parliamentary
Practice shall govern the Convention in all
cases to which they are applicable, and in
which they are not inconsistent with the
Standing Rules and Orders of the Conven-
tion."
Now I say that the rule of Parliamentary
Practice is that a majority of the members
elect, or the same vote that adopted a rule,
shall be required to change it.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 209   View pdf image (33K)
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