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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 219   View pdf image
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219
Cecil, (Mr. Scott.) Before that vote was
taken it was not open to amendment. We
have adopted the amendment of the gentle-
man from Harford, but as I understand, we
have not yet voted upon the amendment of
tire gentleman from Cecil. Now the House
is in this condition — well, I do not
know what condition it is in; I do not know
where the proposition of the gentleman from
Cecil is. As I understand it, the House hav-
ing adopted the amendment of the gentleman
from Harford, the question is now upon the
amendment of the gentleman from Cecil, as
amended. Now there being but one amend-
ment pending, the gentleman from Baltimore
city (Mr. Daniel) offers an amendment before
the vote is taken upon the amendment as
amended.
The PRESIDENT. The gentleman moves to
strike out what the House has just adopted,
which is not ill order.
Mr. DANIEL. Then I move to strike out all
in the amendment of the gentleman from Har-
ford (Mr. Galloway) between the word
"that" in the first line, and the word "that"
in the fourth line.
The PRESIDENT. It is not in order to move
to strike out either the whole or any part
of any proposition which the House has
adopted.
Mr. HEBB. That is the very point I raised
yesterday, when the proposition of my col-
league (Mr. Greene) was adopted. I took the
ground that it was the judgment of the Con-
vention that that should stand as the article,
and therefore, no motion to strike out was in
order. As I understand, the chair now rules
the proposition of the gentleman from Balti-
more city (Mr. Daniel) to be out of order.
THE PRESIDENT. The Chair decides that the
amendment which has been adopted can be
added to; but it is not in order to move to
strike out any portion of it, because the judg-
ment of the house has been passed upon it.
MR. BELT. On yesterday, after the propo-
sition of the gentleman from Alleghany, (Mr.
Greene) had been adopted, and the judgment
of the House expressed in favor of it, bow was
it allowable for the gentleman from Baltimore
City (Mr. Stirling) to move to strike out all
after the word "that,'' which was done.
The PRESIDENT. That was wrong.
Mr. PUGH. The question is upon the amend-
ment as amended.
The PRESIDENT. The amendment of the
gentleman from Cecil, (Mr. Scott) as amended,
is now before the House for its action.
Mr SCOTT. There is evidently some mis-
apprehension or mistake somewhere. I have
taken no part in this discussion, because I
have preferred to hear what others had to say.
But on page 108 of the Journal, I find Mr.
Greene's proposition recorded in these words :
" Strike out article 14. and insert the follow-
ing as article 14," which was adopted by a
vote of 45 to 38. Then there were other
amendments which were rejected; on page
III of the Journal, I find that " Mr. Stirling
submitted the following amendment to the
amendment last adopted," to strike out all
after the word "that" in the first line, and
insert the words which appear as his amend-
ment, Now immediately upon the adoption
of the amendment of the gentleman from
Alleghany (Mr. Greene) I withdrew my amend-
ment, at the instance of the Chair. I supposed
that by withdrawing that, that would leave
the amendment of the gentleman from Alle-
gany (Mr. Greene) to stand substantially as
article 14, and that is the way I think it
should appear upon the Journal.
Mr. GREBNE, We are now in precisely the
same condition after the adoption of the pro-
position of the gentleman from Harford, (Mr.
Galloway) that we were in yesterday after
the adoption of my amendment. The whole
elifflcully arises from tBisract; ltie amendment
of the gentleman from Cecil (Mr. Scott) was
simply a motion to strike out. My amend-
ment was also a motion to strike out, and in-
cluded the whole idea of the other amendment,
beaides the motion to insert, innei my amend-
ment being adopted became the 14th article
in the bill of rights.
The PRESIDENT. The amendment of the
gentleman from Alleghany (Mr. Greene) stood
the same as that of the gentleman from Har-
ford, (Mr. Galloway) as an amendment to an
amendment; it was so offered, and the Chair
did not (eel called upon to decide that it. was
improperly offered, but left that for the House
to determine. After it was adopted by the
House, the question then came up on agree-
ing to the amendment as amended.
Mr. SCOTT. Is it competent to correct the
Journal in any way ?
Mr. STIRLING. I raise the point of order
that the whole of this discussion is out of
order, the House having adopted the proposi-
tion of the gentleman from Harford, (Mr.
Galloway) and the Chair having ruled the
amendment of my colleague (Mr. Daniel) to
be out of order.
Mr. DANIEL moved that the Convention do
now adjourn.
The question being taken on the motion to
adjourn, it was not agreed to.
The PRESIDENT. The proposition of the
gentleman from Harford, (Mr. Galloway,)
having been adopted as an amendment to tIB
proposition of the gentleman from Cecil, (Mr.
Scott,) the question is now upon agreeing to
the amendment as ninended.
Mr. CLARKE, is it now in order to offer 8D
amendment to that proposition ?
The PRESIDENT. It is not in order to mot*
to amend by striking out any part of it;
but it can be amended l)y additions to it.
Mr. BELT. I understand the effect of the
decision of the Chair to be this: that ha^B^
adopted the proposition of the gentlenilto
from Harford, (Mr. Galloway,) the House te


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 219   View pdf image
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  << PREVIOUS  NEXT >>


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