ter of course, but only when specially de-
manded in accordance with the rules. Now,
if it is meant that the President shall exer.
cise his discretion and say—" This part con-
stitutes one subject matter, and the yeas
and nays must now be called upon this,"
and then go on with the balance of the report,
and then say—" this constitutes another
subject matter, and the yeas and nays must
be called upon this,"—if that is meant, I
want to have it so understood in adopting
the rule. If it means that the entire article
shall be considered a subject matter, and the
yeas and nays be called upon that without a
formal demand, then let us so understand it.
In order to make the rule more explicit, I
will move to amend it by striking out the
words " final passage of any subject matter, ''
and inserting the words "adoption of any
article." The rule will then read—"the
question on the adoption of any article shall
always be determined by yeas and nays,
which shall be recorded on the journal," &c.
Mr. KENNARD. I will ask the gentleman
from Baltimore city (Mr. Stockbridge) what
will become of resolutions if his amendment
should be adopted? It may sometimes be the
pleasure of the Convention to call the yeas
and nays upon resolutions.
Mr. STOCKBRIDGE. There will he no diffi-
culty, in that case, for it is in the power of
the Convention to call the yeas and nays at
any time; that is provided for in another rule.
This rule simply indicates a point at which
they shall be called, as a rule of the Conven-
tion.
The question being taken upon the amend-
ment of Mr. Stockbridge, it was agreed to.
Mr. THRUSTON moved to further amend
Rule 43 by striking out at the close, the fol-
lowing :
"And unless it shall thus appear that a
majority of the whole number of members
elected to the Convention have voted in the
affirmative, the subject matter voted on shall
be declared rejected."
Mr. BERRY of Prince George's. I hope
that amendment will not be adopted. There
are 96 members elected to this Convention, 49
of whom constitute a majority of the whole
Convention. The bill under which this Con-
vention assembled provided that not less than
50 members shall be a quorum, if this por-
tion of the rule under consideration be stricken
out, then a bare majority of the members
present may at any time adopt any article
of the Constitution to be framed by us, I am
sure it was the object of the framers of the
bill under which this Convention was as-
sembled that the Constitution to be framed
by us should receive the votes of a majority
of all the representatives of the people in the
Convention. And I do not think we ought
to depart from the rule fixed by the bill itself,
a rule which is eminently just and proper. I
hope this Convention will not strike out this |
portion of the rule, for I regard it as the
great safeguard of our action here.
Mr. THRUSTON. There must be 50 members
present in the Convention to constitute a
quorum. But when there is a quorum pres-
ent, the majority of that quorum should be
sufficient to decide whatever question may be
before the Convention. And if the amend-
ment I propose be adopted it will be necessary
to go back and amend the 42d Rule in a simi-
lar manner. I mention this now, in order
that those voting upon this amendment may
understand that it will be necessary to amend
the 42d Rule to the same effect. I trust the
amendment will be adopted, because I think
that when there is a quorum present the
majority of that quorum should be sufficient
to decide anything before this body.
Mr. SANDS. I shall favor the adoption of
the amendment, because I think any other
construction of the intention of those who
framed the act under which this Convention
is called is not in accordance with sound
principles of construction. Those who framed
that act provided expressly that it should
require 50 members to transact business.
The gentleman from Prince George's (Mr.
Berry) states that according to his construc-
tion of the act 49 votes are required for the.
passage of any provision of the Constitution
we may desire to adopt: that is, that the
Convention should make it a rule that 49
out of 50 members shall endorse each mea-
sure before it shall be adopted by this Conventions
and be submitted to the people of
this State for their sanction. Now I do not
so understand that act. I believe that when
the Legislature provided that 50 members
should constitute a quorum for the transac-
tion of business, it was clearly meant that that
quorum should have all the powers necessary
to render their action effective. I think the
clear legal rule. is that when a right is
expressly and clearly conferred all powers
for the execution of that right are intended to
be conferred also. Is it reasonable to suppose
that the Legislature in providing for this
Convention intended to require that 49 votes
out of 50 should be given in favor of any
one subject matter, before it could become a
part of the Constitution we have been called
together to frame? I have heard of a two-
thirds rule, and in some instances of a three-
fourths rule; but I never before heard of a
forty-nine-fiftieths rule. Now believing that
is was the object of the framers of the bill
under which we have been called together to
give us all the powers necessary to enable us
to facilitate the transaction of the public bus-
iness; and believing that the construction
contended for by the gentleman from Prince
George's (Mr. Berry) if adopted would be a
manifest hindrance of that public business, I
shall vote for the amendment.
Mr. BERRY of Prince George's. I think the
gentleman from Howard (Mr. Sands) a little |
