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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 85   View pdf image (33K)
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85
my recollection is that there wag a special
provision, by resolution or otherwise, in refer-
ence to the Governor.
Mr. PUGH. If there is any doubt at all
about the matter, I should think that the
order should be passed; for it is very impor-
tant that there should be no doubt about it.
Mr. BELT. I will suggest to the gentleman
from Allegany (Mr. Hebb) that a portion' of
his order appears to conflict with the order
offered by the gentleman from Baltimore
county (Mr. King) and rejected. That order
contemplated the continuance of persons hold-
ing office in their offices, and the Convention
refused to refer it or consider it at all. The
order of the gentleman from Allegany assumes
that certain persons are to be retained in
office. There is an incongenity, it seems to
me, between the two orders. I am in favor of
the principle stated in the order of the gentle-
man from Allegany; for I do not think there
ought to be any discrimination in favor of or
against persons retained in office. They ought
to stand upon precisely the same qualification
as those elected. There can be no doubt about
that.
The order was adopted.
RULES OF ORDER.
On motion of Mr. STIRLING,
The Convention proceeded to the considera-
tion of the order of the day, being the report
of the Committee on Rules; and it was read
and amended as follows ;
Mr. STOCKBRIDGE moved to fill the blank in
Rule 4, with the number "seven."
Mr. BAKER moved to fill the blank with
"five."
The question was stated upon insertions
"seven" the longest time,
Mr. STOCKBRIDGE. I will give my reason
for naming seven days in preference to ashort-
er time. Some of the adjournments of this
body have been quite long. By an order
adopted yesterday, we are to-day to adjourn
until Wednesday next. If by any contingen-
cy the President should not be present at that
time, any member whom he may to-day have
named would not be qualified, under the mo-
tion of the gentleman from Frederick, (Mi
Baker) to take the chair at that time. I named
seven days, so that in case such a contingency
should occur we might not be without a pre-
siding officer.
Mr. STIRLING. I have great respect for the
Chair, but I think this is giving rather a large
privilege to any presiding officer to enable
him to be gone out of the chair for a week
The House is surely able to put somebody in
the chair, in case there is nobody there. This
is only intended to give the President the
privilege of leaving his chair from time to
time for the purpose of making it more com
fortable for him than to stay here all the time
duirng the session. Other members have the
right to get up and go out , but the Presi-
dent, without this provision, has no such op-
portunity. It is not intended that he should
beabsent day after day and put somebody
else in the chair. I see no necessity. for such
along period of time.
Mr. KENNARD. The rules of the House of
Delegates say seven days. The committee
thought it better to leave it blank and let the
Convention determine. For myself, I am not
particular about it.
Mr. STIRLING. There are two or three of
the Rules of the House of Delegates that I
always thought were very extraordinary; and
this is one of them.
The motion to fill the blank with " seven "
was lost—yeas 28; nays 29.
Mr. GREENE moved to fill the blank with
"five."
The motion was agreed to—yeas 41; nays
not counted,
Rule 15th, having been read,
Mr. BERRY, of Baltimore county, said:
'' Every report from a committee containing
articles or sections proposed to be made part
of the Constitution, shall receive three read-
ings in the Convention, on three different
days of the session, previous to its adoption,"
&c. That might be construed to mean nine
readings. I move to substitute the words
"be read to the Convention on three different
days of the session."
Mr. SCHLEY, It does not say "three read-
ings on each of three different days. Three
readings on three different days cannot be
nine readings on three different days,
Mr CLARKE. It conforms with the reading
of the rule of the House of Delegates with
reference to bills:
" Every bill shall receive three readings in
the House on three different days of the ses-
sion previous to its passage," &c,
Mr. BERRY, of Baltimore county. I only
want to make it plain, and remove the am-
biguity.
Mr. MILLER. The construction can be ren-
dered certain by the modification, "three
readings in the Convention, one on each of
three different days of the session.
Mr. HEBB. I would suggest that we use
the language of the Constitution with refer-
ence to bills, that they shall "beread on
three different days of the session.
Mr. BERRY, of Baltimore county, modified
his amendment, so as to strikeout "receive
three readings in the Convention," and insert
"be read," so as to conform to the language
of the Constitution.
The amendment was agreed to.
Mr. CLARKE. I move to amend the follow-
ing clause of the same rule by striking out " a
majority" and inserting "three-fourths."
This amendment will be found on page 58 of
the Journal, immediately following the Rules.
This Rule corresponds with the 39th Rule of
the present House of Delegates, merely sub-
stituting for the word " bill," the word " re-
port."


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 85   View pdf image (33K)
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