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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 216   View pdf image (33K)
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216
to which can he added what is proposed to be
inserted in place of that which is stricken out
Mr. CLARKE. I find upon page 105 of the
Journal the following entry :
" Mr. Scott submitted the following amend
ment:
" Article 14, strike out all between the wore
' that' in the first line, and the word ' every
in the third line.
" Mr. Daniel submitted the following
amendment to said amendment."
And the amendment of the gentleman from
Baltimore city, (Mr. Daniel,) is set forth at
large. The amendment to the amendment
was rejected, then the gentleman from Alle-
gany, (Mr. Greene,) submitted an amend-
ment to the amendment of the gentleman
from Cecil, (Mr. Scott,) which, on page 109
of the Journal, was adopted in lieu of Mr.
Scott's proposition, and which was then finally
disposed of.
The PRESIDENT. Not until the House had
taken action upon the original proposition to
amead as amended, the adoption of an amend-
ment to the amendment did not supersede the
necessity of taking a vote upon the amend-
ment as amended.
Mr. NEGLEY. My recollection of the mat-
ter is precisely in accordance with that of the
Chair. The gentleman from Cecil, (Mr.
Scott,) submitted an amendment to this 14th
article. To that were offered sundry amend-
ments, which were severally voted down,
until the amendment of the gentleman from
Allegany, (Mr. Greene,) was offered, which
was adopted by the House.
The PRESIDENT. And the question then
was upon the adoption of the amendment as
amended.
Mr. NEGLEY, Yes sir. And the gentleman
from Baltimore city, (Mr. Stirling,) submitted
his amendment, which being adopted, took
the place of the amendment of the gentleman
from Allegany, (Mr. Greene,) and itself be-
come an amendment to the amendment origi-
nally proposed by the gentleman from Cecil,
(Mr Scott.) The amendment of the gentle-
man from Baltimore city having been reconsidered
and withdrawn from the position it
occupied as an amendment to the one offered
by the gentleman from Cecil, the amendment
of the gentleman from Cecil came up for the
action of the House, and the gentleman from
Harford proposes to amend the amendment of
the gentleman from Cecil by the amendment
which has been read.
Mr. STIRLING. I do not understand how an
amendment to strike out two lines can be
amended by a proposition to strike out the
whole article. Suppose a member moves to
strike out the words " General Assembly,"
and another moves to strike out the entire ar-
ticle, and substitute something else in place of
it. The one is evidently not an amendment
to the other.
The PRESIDENT. The gentleman is correct,
but the Chair did not feel inclined lo decide
that point, unless called upon by the House
to do so, but left the House to determine
whether they could receive it as an amend-
ment to an amendment,
Mr. BELT. I take it the object of the
gentleman from Cecil, (Mr. Scott,) in offer-
ing his amendment was to strike from the ar-
ticle as reported by the committee that portion
prohibiting the levying of taxes by the poll.
Mow the gentleman from Allegany, (Mr.
Greene,) offered an amendment which was
adopted, but not adopted as the article but
only adopted quoad as the amendment. The
gentleman from Baltimore City, (Mr. Stir-
ling,) then moved still further to amend, by
substituting his proposition in the place of
that, which was agreed to. When the Con-
vention resumed the consideration of the sub-
ject tills morning, the position of affairs was
this; the House had agreed to the proposition
of the gentleman from Baltimore city as an
amendment, and the question was, Shall this
article as amended be lapsed? The House
has permitted the gentleman from Baltimore
city to withdraw Ins amendment, and I con-
tend that the consequence of that withdrawal
was to restore the question exactly as it stood
when the vote was announced upon the adop-
tion of the proposition of the gentleman from
Allegany; and the question is—Shall the
article, as amended upon the motion of the
gentleman from Allegany, (Mr. Greene,) be
passed ?
The PRESIDENT; In that case how is the
amendment originally offered by the gentleman
from Cecil, (Mr. Scott,) to be disposed of?
Mr. BERRY, of Baltimore county. Does
the Chair refer to the original amendment sub-
mitted by Mr. Scott, on page 105 of the Jour-
nal?
The PRESIDENT. Yes, sir.
Mr. BERRY, of Baltimore county. I would
like to have the manuscript Journal read, for
I understand that that shows that the amend-
ment of the gentleman from Cecil was with-
drawn.
The PRESIDENT. If it was withdrawn it
would have carried the proposition of the gen-
tleman from Baltimore City, (Mr Stirling)
with it.
Mr. SCOTT. How would the question stand
if I withdraw my amendment?
The PRESIDENT. The amendment of the
gentleman from Cecil, (Mr. Scott,) being the
original amendment, and all the rest but
amendments to that amendment, if it be now
withdrawn, all the other amendments go with
it, and the question is left upon the article as
originally reported by the Committee.
Mr. HEBB. I have moved to amend the
Journal so that it will read that the amend-
ment of the gentleman from Cecil was with-
drawn.
Mr. BERRY, of Baltimore county. I second
the motion.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 216   View pdf image (33K)
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