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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 76   View pdf image (33K)
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76
Rule 28. If any member shall, in any man-
ner, transgress the Rules of the Convention,
the President shall, or any member may call
him to order; in which case the inember so
called to order shall immediately sit down,
unless permitted to explain; and the Conven-
tion shall, if appealed to, decide on the case,
but without debate. If there be no appeal,
tile decision of the Chair shall besubmitted to.
If the decision be in favor of the member
called to order, he shall be at liberty to pro-
ceed; if otherwise, he shall not be permitted
to proceed without leave of the Convention ;
and, if the case require it, he shall be liable to
the censure of the Convention.
Rule 29. No member shall vote on any
question in any case when he was not present
when the vote was taken, without leave of
the Convention; and upon a division and
count of the Convention on any question, no
member without the bar shall be counted.
Rule 30. Every inember who shall be in the
Convention when the question is put shall
give his vote, unless the Convention, for spe-
cial reasons, shall excuse him. And the re-
fusal of any member present to vote, on call-
ing the yeas and nays, shall be noted on the
Journal at the request of any member.
Rule 31. No member without the permission
of the Convention shall answer on the yeas
and nays who did not divide on the question;
and if any member divide on one side and an-
swer on the other on calling the yeas and nays,
the same shall be noted on the Journal at the
request of any member.
Rule 32, No member shall take out of the
Convention any paper belonging to the Con-
vention, without leave of the President,
Rule 33. Any member, on motion, or in
debate, may call for the reading of any Law,
Journal, Record, or other Public Proceedings,
which may relate to the subject matter.
Rule 34. The name of every inember mak-
ing a motion presenting any petition, memo-
rial or other paper, proposing any resolution,
order, or other matter, shall be inserted on
the Journal; but if any motion or proposition
be withdrawn, all proceedings relating imme-
diately thereto shall be expunged from the
Journal.
Rule 35. Whilst the President is putting
any question, or addressing the Convention,
none shall walk out or across the hall; nor in
such case, or while a member is speaking,
shall hold private discourse, so as to interrupt
debate.
Rule 36. When a motion is made and sec-
onded, it shall be stated by the President; or
being in writing, it shall be banded to the
chair and read aloud by the Secretary before
debate; and every motion shall be reduced to
writing if the President or any member re-
quire it.
Rule 37. When a motion is made and sec-
onded, or when a question is under debate,
the matter shall receive a determination by
the question; or it may be postponed by
motion to adjourn, to lie on the table, for the
previous question, to postpone to a day cer-
tain, to commit or amend, to postpone indefi-
nitely; which several motions shall have prece-
dence in the order in which they are arranged.
Rule 38. On a motion for the previous
question, on a motion for the main question,
on a motion to lie on the table, on a motion
to adjourn, there shall be no debate.
Rule 39. Every question shall be entered
on the Journal, and the yeas and nays shall
be taken when required by five members; and
whenever the yeas and nays are ordered to be
taken, no question of adjournment shall he-
received or propounded by the President until
the yeas and nays are called, counted and re-
ported.
Rule 40. Any member may call for the
division of a question, which shall be divided,
if it comprehend propositions in substance so
distinct that, one being taken away, a sub-
stantive proposition shall remain for the de-
cision of the Convention.
Rule 41. A motion to strikeout and insert
shall be deemed indivisible; but the matter
proposed to be inserted may be divided, if re-
quired, according to the 40th Rule. A mo-
tion to strike out being lost, shall preclude
neither amendment nor a motion to strike out
and insert. No motion or proposition on a
subject different from that under consideration
shall be admitted under color of amendment.
Rule 42. All questions except on the final
passage of a report, or a motion to suspend
the Rules, or those otherwise herein provided
for, shall be determined by a majority of the
members present; those dividing in the affirm-
ative rising in their places, those in the nega-
tive continuing in their seats, and so vice
versa, until a decision by the President
Rule 43. The question on the final passage
of any subject matter aball always be deter-
mined by yeas and nays, which shall be re-
corded on the Journal; and unless it shall
thus appear that a majority of the whole num-
ber of members elected to the Convention
have voted in the affirmative, the subject mat-
ter voted on shall be declared rejected,
Rule 44. When a question has once been
decided in the affirmative or negative, a mo-
tion of reconsideration shall be in order, if
made by one member and seconded by two
others who voted in the majority at any time
thereafter; but should a report, on its final
passage, be declared rejected for the want of
a majority of the members elected, the motion
for reconsideration may be made by one mem-
berand seconded by two others who voted in
either the affirmative or negative; and no
motion for reconsideration shall be postponed
or laid on the table.
Rule 45, Petitions, memorials and other
papers addressed to the Convention shall be
presented by the President, or by a member
in his place; and the object of all petitions


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 76   View pdf image (33K)
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