Mr. CUSHING. I could have moved to
amend my own proposition without unani-
mous consent. I should not have asked unan-
imous consent for what I could do, whether
consent was given or not.
The PRESIDENT. The gentleman could
amend his own proposition, hut that does not
obviate the necessity of its lying over.
Mr. CUSHING. I give notice to-day that I
shall move these amendments to-morrow.
Mr. MILLER. If it lies over a whole day,
it cannot be changed to morrow, but must
lie over until day after to-morrow.
The PRESIDENT. It lies over until tomor-
row, There are no fractions of a day known
to the rule.
Mr. HEBB. The 55th Rule is this ;
"Rule 55—No standing rule or order shall
be rescinded or changed without one day's
notice being given of the motion therefor."
Notice having been given yesterday by the
gentleman from Baltimore city (Mr Cushing)
I move to amend the 43d Rule by striking out
the words " whole number of members elect-
ed to the Convention," and inserting the
words "members present."
The PRESIDENT. The gentleman is not in
order. That is a distinct proposition.
Mr. HEBB. This is the very proposition of
which notice was given yesterday, under the
rule.
Mr. CLARKE, The gentleman from Baltimore
city called up the amendment of which he
gave notice yesterday, and submitted an in-
dependent proposition by unanimous consent
of the House to take the place of the one he
submitted yesterday; so that for the first
time the House is in possession of the knowl-
edge of the alteration which he proposes to
make. I think that the Chair has decided
correctly that now for the first time is the
proposition submitted to the Convention.
Mr. CUSHING. I did ask unanimous con-
sent that my substitute should take the place
of the proposition before the House; and if
the proposition before the House was ready
for action, and if the House unanimously
consented to the substitution, that brought
it, I suppose, before the House.
The PRESIDENT. The difficulty the argu-
ment of the gentleman presents, is the question
of time. The gentleman cannot substitute one
time for another. He cannot substitute to—day
for to-morrow. The object of the rule is to give
inembers one day's notice of the intended
change in the rule. The proposition to-
day being modified becomes a new proposition
and must lie over under the rule.
DECLARATION OF RIGHTS.
On motion of Mr. PUGH,
The Convention proceeded to the considera-
tion of the order of the day, being the second
reading of the report of the Committee on the
Declaration of Rights.
Article 2 was read as follows :
"Art. 2. That the people of this State |
ought to have the sole and exclusive right of
regulating the internal government and police
thereof."
Mr. PETER moved to amend by adding the
following:
" Provided, however, that in times of civil
war the internal government and police of
this State shall be exclusively regulated by
military commanders and Provost Marshals
appointed by the President of the United
States, and such orders as the President of the
United States may deem right and proper.'
Mr. HEBB demanded the previous question,
which being seconded the main question was
ordered. *
Mr. PETER demanded the yeas and nays on
the amendment, which were ordered.
The question was taken and the result was
yeas 0, nays 84—as follows :
Fees—None.
Nays—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Backer, Barron,
Belt, Berry of Prince George's, Billingsley,
Blackiston, Bond, Briscoe, Brooks, Brown,
Carter, Clarke, Crawford, Cunningham,
Cushing, Dail, Daniel, Davis of Charles,
Davis of Washington, Dellinger, Earle, Ecker,
Edelen, Farrow, Galloway, Greene, Har-
wood, Hatch, Hebb, Henkle, Hoffman, Holly-
day, Hopkins, Hopper, Horsey, Johnson,
Jones of Cecil, Jones of Somerset, Keefer,
Kennard, King, Lee, Marbury, Markey, Mc-
Comas, Mitchell, Miller, Morgan, Mullikin,
Murray, Negley, Noble, Nyman, Parker, Par-
ran, Peter, Pugh. Purnell, Ridgely, Robi-
nette, Russell, Sands, Schley, Schlosser, Scott,
Smith of Carroll, Smith of Dorchester, Smith
of Worcester, Sneary, Stirling, Stockbridge,
Swope, Sykes, Thomas, Thurston, Todd,
Valliant, Wickard, Wilmer, Wooden—84.
So the amendment was unanimously re-
jected.
The question being then taken upon the sec-
tion, it was adopted. .
Mr. BRISCOE. I have an amendment I in-
tended to offer to this article, but under the
practice established yesterday of ordering the
previous question, if it is to be continued, we
are placed in the position of having the pre-
vious question called upon us before we shall
have completed offering our amendments, and
then it is impossible to go back and move the
amendments, I intended to otter the amend-
ment I hold in my hand to this article, but
the House has cut lire off from the opportu-
nity of doing that, and I shall be compelled
to offer it as a distinct article. I desire to
know whether I shall now offer it as article
3d, or, as suggested yesterday, must indepen-
dent articles be offered at the conclusion of
the reading ?
The PRESIDENT. After the reading is com-
pleted the gentleman can offer any section he
chooses.
Mr. BRISCOE. And have it numbered in its
place ? |
