and discharge the duties for which they
were sent here. My constituents know I am
always here. One of the principal reasons,
I suppose, why they selected me to repre-
sent them here was that they knew, as the
record will show, that when they sent me to
the Legislature last fall, I attended to my
business here I offered this order, believing
it would facilitate the business of the Convention.
The people all over the State are
becoming restive in regard to the delay in
the action of this Convention In my county
those who entertain the political sentiments
of the gentleman from Prince George's, (Mr.
Clarke), are just as much inclined to com-
plain as those who hold the views I enter-
tain. And I give notice that hereafter, in
order to economize the time of the Conven
tion, I shall move the previous question upon
the adoption of articles in this Constitution,
in order to see if we cannot come to a con
elusion in that way.
Mr. CLARKE I have no desire to press
this matter. I am willing to withdraw the
motion to reconsider, if it meets with the
sense of the House.
No objection being made, the motion to
reconsider was withdrawn.
REASONS FOR ABSENCE Of CERTAIN MEMBERS
On motion of Mr. DAVIS of Washington
It was ordered to be entered on the
Journal that the absence of Mr. Dellinger
from his seat in this body, is caused by severe
indisposition; and that the continued
absence of Mr. Mayhugh, is caused by ill-
ness.
On motion of Mr THOMAS,
It was ordered to be entered on the Jour-
nal that Joseph H. Audoun, of Baltimore
city, is detained from his seat in the Con-
vention by sickness.
DECLARATION OF RIGHTS
On motion of Mr. STIRLING,
The Convention resumed the consideration
of the order of the day, being the second
reading of the report, of the Committee on
the Declaration of Rights.
The CHAIRMAN stated the pending ques-
tion to be upon the motion of Mr Stock-
bridge to amend article 32 by striking out
all after the word "people" in the third
line, so that the article, if amended, would
read as follows:
" That the independency and uprightness
of judges are essential to the impartial ad
ministration of justice and a great security
to the rights and liberties of the people."
Mr JONES, of Somerset. I believe this
motion was submitted for the reason that
the provisions of this article proposed to be
stricken out, would come more properly in
the article on the judiciary.
The question being taken on the motion
to strike out all after the word "people,"
upon a division, the vote was—ayes 21;
noes 27. |
The CHAIRMAN first announced tint the
amendment was lost; and then announced.
that there was no quorum voting, and con-
sequently was not decisive of the question.
Mr. JONES of Somerset, called for the yeas
and nays
Mr HEBB. After the Chair has announced
the result of a vote unless there is some-
thing upon the record to show that no quo-
rum voted, that announcement is final. The
presumption is that when the Chair an"
nounces the result of a vote, that there is
a House competent for the transaction of
business. If the Chair, before announcing
the result of a vote, ascertains by counting
the votes upon a division, that there is no
quorum voting, and announces that fact to
the House, then it would be proper to move
a call of the House, or to call for the yeas
and nays. But when the Chair has an-
nounced that the question is decided one
way or the other, then it is too late for such
a motion.
Mr. BARRON. I want to ask a question
for information. The law requires that
there shall be fifty members present to con-
stitute a quorum here. Now, if there are
only forty eight members voting, will the
result of their vote be lawful ?
The CHAIRMAN. When no objection is
made to a proposition, it is considered as
adopted unanimously, and no count is re-
quired. But when a vote by division is
called for, and it is found that the combined
vote of the two sides do not make a quorum,
then it is proper for the Chair to notice the
fact that there is no quorum voting.
Mr. GREENE. I would suggest that it is not
incumbent upon the Chair to announce that
there is not a quorum voting, even if less
than a quorum votes, except in the case of
a vote by yeas and nays, when the number
voting is placed upon record.
Mr. JONES, of Somerset. I dissent de-
cidedly from the position taken by the gen-
tleman from Allegany, (Mr. Hebb.) On a
division, unless there is a quorum voting,
unquestionably no motion Cain be decided ;
and, therefore, although the Chair may not
have stopped at the moment to count up
the number of votes and see if a quorum
voted, but announces the result of the vote,
yet the Chair has a right to correct his an-
nouncement, upon the suggestion that the
volt's of the two sides added together, do
not amount to a quorum. The Chair may
take the question over again, requesting all
the members to vote one way or the other.
Then if upon that second count, if there
does not appear to be a quorum, the yeas
and nays can be called, or there can be a
call of the House.
Mr MILLER. The 30th rule of this Con-
vention requires every member present to
vote. And whether there is a quorum
present or not, if, upon a division of the |
