fathers, opposed to that kind of legislation.
In regard to this amendment, I notice that in
the later clause there is a slight departure
from the phraseology of the article as it came
from the committee; the words "on persons
or properly " are omitted in this amendment.
Mr. STIRLING. I would state that the amend-
ment of the gentleman from Harford (Mr.
Galloway) differs from the original article re-
ported by the committee in but two particu-
lars; the word "abolished" is replaced by
the word "prohibited,"and the words ''on
persons or property" are omitted in the last
clause. In respect to the last clause the omis-
sion of those words brings the article back to
the condition in which it was in the declara-
tion of rights of 1776. in the convention of
1850, the committee on the declaration of
rights reported this article without the clause
pronouncing the levying of taxes by the poll,
as grievous and oppressive, in place of which
they inserted in the last clause the words '' on
persons or property," The Convention re-
stored to the article the clause relating to the
levying of taxes by the poll, and also left in
the words "on persons or property" which
had been inserted by the committee. This
amendment strikes out those words, thus leav-
ing the article to stand precisely as it did in
the Constitution of 1776, with the exception
of substituting the word "prohibited" for
the word "abolished" in the first clause.
Mr. SCOTT. Is it competent to move to
amend the Journal, or to withdraw my amend-
ment?
The PRESIDENT. The withdrawal of the
gentleman's amendment would involve also,
the withdrawal of the other amendment and
leave the article as reported by the committee.
The Convention, however, can grant the gen-
tleman permission to withdraw his amend-
ment, if they think proper to do so.
The question was then taken upon agree-
ing to the amendment as amended.
The PRESIDENT announced that the amend-
ment as amended was not agreed to.
Mr. STIRLING called for a vote by a division
of the House.
The PRESIDENT. It is too late to call for a
division upon the question after the result of
the vote baas been announced by the Chair.
Mr. STIRLING. Then I must appeal from
the decision of the Chair, for I am satisfied
that the announcement was incorrect.
The PRESIDENT. The gentleman must see
that the only way in which the Chair can de-
termine how the vote has resulted, is by the
impression produced by the voices of those
voting. It might well happen that some
gentleman en the floor should receive a dif-
ferent impression from the Chair,
Mr. STIRLING. The Chair announced the
result of the vote so soon that no member had
an opportunity to call fora division. Unless |
that opportunity is afforded to members, the
result of all votes will depend upon the im-
pression which the Chair may have upon the
Jtihj.'et, whether correct or not.
Mr. JONES, of Somerset. I merely desire
to saay that I believe the usuarl way in which
the Chair finnonncfs the impression produced
by the sound, is that. " the ayes appear to
have it"—then after a pause, if no member
of the House asks a division, the announce-
ment is made—" the ayes have it," and vice
wrea.
Mr. BERRY, of Blitimore county. I move
that the vote last taken he reconsidered.
The motion to reconsider was agreed to.
The question then recurred upon agreeing
to the amendment as amended.
Upon this question Mr. SANioso'alled for the
yeas and nays, whie'h were ordered, and being
taken, resulted, years 50 nays 29; as follows:
Yeas—Messrs. Abbott, Annan, Audoun,
Baker, Bairron, Berry of Baltimore county,
Berry of Prince George's, Billingsley, Black-
iston, Briscoe, Brooks, Brown, Chambers,
Crawford, Cunningham, Dellinger, Dllvall,
Ecker, Edelin, Farrow Galloway, Harwood,
Hoffman, Hopkins, Horsey, Keefer, Kennard,
King. Larsh, Miarhury, Markey, McComas,
Mitchell, Morgan, Murray, Negley, Nyman,
Parran, Purnell, Russell, Sands, Schley,
Smith of Carroll, Stirling, Sykes, Thomas,
Thruston, Todd, Wilmer, Wooden—50.
Nays—Messrs. Goldsborough, President ;
Belt, 'Bond, Cairter. Clarke, Daniel, Davis of
Charles, Davis ofWashingtan, Earle, Greene,
Hebb, Henkle, Hodson, Hopper, Jeohnson,
Jones of Cecil, Jones of Sonnerset, Lansdale,
Lee, Miller, Mullikin, Parker, Pugh, Rob-
inette, Scott, Smith of Dorchester, Sneary,
Valliant, Wickard—29.
Pending the call cofthe yeas and nays,
Mr. VALLIANT, when his name was called;
said: It has become absolutely necessaary that
1 should explain my vote. When the vote
was taken upon the adoption of the amend-
ment of the gentleman from Harford (Mr. Gal-
loway) to the amendment of the gentleman
from Cecil, (Mr. Scott, ) I at first voted " no,"
and then, under a misapprehension, I changed
my vote to "aye," infavorothisamendment,
1 now vote " no."
The amendment, as amended, was accord-
ingly adopted.
Mr. BARRON moved that when this Conven-
tion adjourns to-day, it be to meet on Tues-
day next.
Mr. DANIEL moved to adjourn to Monday
next.
The question being taken on the motion of
Mr. Bairron, it was rejected,
The motion of Mr. Daniel was then agreed
to.
And the Convention accordingly adjourned
until Monday next, at 11 A, M. |
