it, merely because when the presiding officer
put the question no one said anything.
Mr. DAVIS, of Charles. If I understand
the argument of the gentleman from Cecil,
(Mr. Pugh, ) it is that if five members answer
"aye" and ten inembers "no," the Presi-
dent must decide that the motion is lost.
Mr. PUGH. Not at all; just the opposite—
those who did not answer are to be presumed
to have voted with the five.
The PRESIDENT, The gentleman from Cecil
(Mr. Pugh) disclaims having voted at all.
Mr. PUGH. And by not voting at all, is
supposed to have assented to the majority.
The PRESIDENT. I do not see how the Chair
has any authority to presume how amember
would have voted.
Mr. CUSHING. I have not stated how I
voted, or whether I voted at all.
The PRESIDENT Upon the inquiry being
made by the President, it is incumbent upon
the gentleman to state to the House if he
voted in the majority. If he did, then he is
entitled to move a reconsideration.
Mr. CUSHING, I would make an inquiry
for information. If a member does not vote
in the minority, bow does he vote, whether he
says anything or not? If he does not vote in
the minority, how does his vote count ?
The PRESIDENT. If the vote is five in the
affirmative, and ten in the negative, the ten
votes decide the question.
Mr. CUSHING. I stated in reply to the
question of the gentleman from Prince
George's, (Mr. Clarke, ) that I did not vote in
the minority.
The PRESIDENT. The Chair having presumed
that the gentleman from Baltimore city (Mr.
Cushing) voted in the majority, entertained
his motion to reconsider. Having found out
he was mistaken, he reviews his decision, and
decides that the gentleman is not competent
to move a reconsideration.
Mr. BELT. I voted against the reference of
this order—being the first time I have given
such a vote since I have had a seat here. I
did so not out of any lack of courtesy to-
wards the gentleman who offered it, or from
any desire to separate the reference of his
proposition from those of other gentlemen.
I voted against it, because, although willing
to allow the utmost latitude in these matters,
I am opposed to the reference of any proposi-
tion which in itself is inconsistent with the
position which we all occupy here as a Con-
stitutional Convention. Now, if it were pro-
posed to refer to the Committee on the Judi-
ciary, or any other committee, the proposition
that we should adjourn without performing
the work we were sent here to perform, I
should vote against it, as totally inconsistent
with the object for which we were sent here.
This proposition is that anybody holding an
office, or presumed to hold an office under the
Federal or the State Government, shall be at
liberty to perform in this State any functions |
or any power whatever, provided he acts in
accordance with instructions he may get from
the Federal Government.
The PRESIDENT. Does the gentleman from
Prince George's (Mr. Belt) move a reconsid-
eration ?
Mr. BELT. I am making a personal expla-
nation; I ask it as a privilege. Our object is
to preserve the liberties of the people.
Mr. PUGH. If that side of the question is
to be discussed, it would be but fair to have
the other side discussed also.
Mr. CLARKE. I have heretofore voted uni-
formly to refer all orders to committees, if it
is a mere order of inquiry. If the gentleman
(Mr. Hatch) will amend his order so as to
make it a mere order of inquiry, I am perfectly
willing to move a reconsideration.
Mr. HATCH. That is all I intended my or-
der to be.
Mr. STIRLING. I think it is merely an or-
der of inquiry. I would not have voted for
it, if I bad thought otherwise.
Mr. CLARKE. I move a reconsideration. I
am willing that all these propositions should
be referred to appropriate committees.
The motion to reconsider the vote rejecting
the order was agreed to.
The question was upon agreeing to the
order.
Mr. HATCH amended the order so that it
should read as follows :
Ordered, That the Committee on the Judi-
ciary be instructed to inquire into the expe-
diency of inserting in the Constitution an ar-
ticle providing
"That no officer of the Federal or State
Government shall be held responsible for any
act done by him under the authority of the
Federal Government, provided said act is in
conformity with such authority."
The order was then agreed to.
Mr. VALLIANT submitted the following or-
der:
Ordered, That on the day of final action on
the Bill of Rights, on its second reading, this
Convention adjourn to meet —— day of
——, at 11 o'clock, and that from
the day of adjournment to the day of reas-
sembling, the members and officers shall be
allowed not more than four days' pay.
Mr. VALLIANT asked that the consideration
of the order be postponed until to-morrow;
which was agreed to.
LEGISLATIVE DEPARTMENT—MINORITY REPORT.
Mr. HOLLYDAY, from a minority of the
Committee on the Legislative Department,
submitted the following report, which was
read:
The undersigned, the minority of the Com-
mittee on the Legislative Department, re-
spectfully beg leave to report, that they dis-
sent from the report of the majority of said
committee made to the Convention, in the
following particulars, viz: |
