ORDER OF THE DAY. Rule 12. The Order of the Day shall not be so fixed in point of time as to exclude the business of the Convention in the order and divisions prescribed under these Rules, but shall be fixed so that one hour, at least, from the time of the meeting of the Convention shall precede it for the transaction of other business.. When the time arrives for the Order of the Day to be taken up, it shall have preference over all other business except the unfinished business in which the Convention was engaged at the preceding adjournment, under a previous assignment as the order of the day. Rule 13. Every subject matter proposed to be considered in the Convention shall be introduced by motion for leave, by an order of the Convention, or on the report of a Committee, and in either of the two cases first mentioned, a Committee to prepare the same shall be appointed, unless the same subject matter is embraced in the duties assigned to one or more of the Standing Committees. Rule 14. Every Committee reporting any Conventional business for the consideration of the Convention embracing provisions for the Constitution, shall submit its reports (whether in the form of a majority or minority report) in articles, and without being accompanied by a written report, assigning reasons and arguments sustaining the same. Rule 15. Every report from a Committee containing articles or sections proposed to be made a part of the Constitution, shall receive three readings in the Convention, on three different days of the session previous to its adoption, unless a majority of the members elected to the Convention otherwise determine; the first of which reading shall be by the title only, unless a majority of the Convention shall otherwise order. Rule 16. Every resolution shall be read on two several days, with an intermission of one day at least, during which time it shall be on the table for the perusal of members, unless on very urgent occasions, the Convention by special order, two-thirds of the members present agreeing, dispense with the Rule, which order shall be entered on the Journal. Rule 17. No resolution shall have a second reading, or a report a third reading, until every member in the city who has not been excused by the Convention for indisposition, or a necessary attendance on public business, shall be called upon to attend, if required, by three members. But calls of the Convention shall be made if required by seven members, at any time, when a subject is under consideration. dent's desk, taken up by him in due order, the date of their last reading announced, and read a second or third time, although no motion for a second or third reading may have been made. Rule 19. All reports from Committees containing clauses proposed to be made part of the Constitution shall be entered on the Journal, and also printed in form similar to bills. COMMITTEE OF THE WHOLE. Rule 20. The Convention shall be resolved into a Standing Committee of the Whole, if required by nine members, which Committee may originate articles or clauses to be embodied in the Constitution. Reports of Committees containing clauses proposed to be embodied in the Constitution on their third reading, and resolutions on their second their reading shall, if required by seven members, be committed to a Committee of the Whole. Rule 21. In forming a Committee of the Whole, the President of the Convention shall leave his chair, and a Chairman to preside in Committee shall be appointed by the President. Rule 22. Upon reports of committees, resolutions or other matters committed to a Commitee of the Whole, the same shall be first read throughout by the Secretary, and then again read and considered by clauses. The body of the report, resolution, or other matter, shall not be defaced or interlined, but all amendments noting the page and line shall be duly entered by the Secretary on separate paper, as the same shall be agreed to by the committee, and so reported to Convention. After report, the report, resolution, or other matter shall again be subject to be debated and amended by clauses. Rule 23. The Secretary shall keep a Journal of the proceedings which take place in Committee of the Whole, and the same shall be printed separately and appended after the Journal of the proceedings of the day's session. of decoRuM, DEBATE, &C. Rule 24. Every member shall take his seat when the President takes the chair. Rule 25. No member shall absent himself from the service of the Convention unless he have leave, or be sick, or unable to attend. Rule 26. When a member is about to speak in debate, or deliver any matter to the Convention, lie shall rise from his seat, uncovered, and respectfully address himself to "Mr. President." He shall confine himself to the question under debate; shall avoid personality, and shall use some other distinction than proper name of any other member to whom he may refer in debate. the Rule 18. All resolutions which have been once read, and are entitled to a second reading, Rule 27. If two or more members shall rise and all reports which have been once or twice to speak at the same time, the President shall read, and are entitled to a second or third determine which shall speak first, and no reading by the Rules of the Convention, shall member shall speak more than twice on the be arranged every morning agreeably to se- same question; nor more than once, until eveniority by the Secretary, placed on the Presi-ry member choosing to speak shall have spoken. Rule 28. If any member shall, in any manner, transgress the Rules of the Convention, the President shall, or any member may call him to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the Convention shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; 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 member who shall be in the Convention when the question is put shall give his vote, unless the Convention, for special reasons, shall excuse him. And the refusal of any member present to vote, on calling 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 answer on the other on calling the yeas and nays, the same shall be noted on the Jonrnal at the request of any member. Rule 32. No member shall take out of the Convention any paper belonging to the Convention, without leave of the President. 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 certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence 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 be received or propounded by the President until the yeas and nays are called, counted and reported. 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 substantive proposition shall remain for the decision of the Convention. Rule 41. A motion to strike out and insert shall be deemed indivisible; but the matter proposed to be inserted may be divided, if required, according to the 40th Rule. A motion 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 he ein provided for, shall be determined by a marjority of the members present; those dividing in the affirminative rising in their places, those in the negative continuing in their seats, and so vice versa, until a decision by the President Rule 33. Any member, on motion, or 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 member making a motion presenting any petition, memorial 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 immediately 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 seconded, it shall be stated by the President; or being in writing, it shall be handed 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 require it. Rule 37. When a motion is made and seconded, or when a question is under debate, the matter shall receive a determination by Rule 43. The question on the final passage of any subject matter shall always be determined by yeas and nays, which shall be recorded on the Journal; 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. Rule 44. When a question has once been decided in the affirmative or negative, a motion 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 member and 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 and memorials shall be endorsed on the back, and entered on the Journal. Rule 46. The unfinished business in which the Convention was engaged at the preceding adjournment, shall have the preference in the orders of the day; and no motion for any other business shall be received without the special leave of the Convention, until the former is disposed of. Rule 47. The Rules of Parliamentary Practice shall govern the Convention in all cases to which they are applicable, and in which they are not inconsistent with the Standing Rules and Orders of the Convention. Rule 48. Upon calls of the Convention, or in taking the yeas and nays on any question, the names of the members shall be called alphabetically. Rule 49. The rules may be suspended when demanded by a majority of the members pre sent.. Rule 50 Any fifteen members, (including the President,) shall be authorized to compell the attendance of members. Rule 51. No Committee shall sit during the sitting of the Convention without special leave. Rule 52. When a blank is not filled up, and different sums, numbers or times shall be proposed, the question shall be taken on the largest sum or number, and on the longest time. Rule 53. After a report of any Committee (embodying proposed provisions for the Constitution) has passed through its second reading, the question shall then be put by the President of the Convention, "Shall this report be engrossed for a third reading? After any report of a Committee has passed to a third reading, it shall not be in order to amend the same, except by the consent of the majority of the members elected to the Convention. PREVIOUS QUESTION. Rule 54. There shall be a "main question " and a "previous question" in the consideration of reports of committees. Sec. 1. The main question on the report of any Committee shall only be called after the said report has passed to its third reading, and shall be in this form: "Shall the main question be now put?" and when demanded by a majority of the members present, it shall, until it is decided, preclude all further amendment, and debate on the main question. Sec. 2. The previous question shall be in this form "Shall the previous question be now put?" It may be called on any amendment offered to the report of any Committee, when the same is on its second reading; and when demanded by a majority of the members present, it shall, until it is decided, preclude all further amendment and debate on the question before the Convention; but shall not preclude further amendments while the said report is on its second reading. Sec. 3. The Rules of Parliamentary Practice on the call of the previous question on all other subjects shall govern the Convention. Rule 55. No Standing Rule or Order shall be rescinded or changed without one day's notice being given of the motion therefor. GENERAL RULES. Rules defining the several duties of the Secretaries, Clerks, Officers and Employees of the Convention. GENERAL RULES. 1st. All Clerks, Officers and Employees shall be prompt in their attendance at each opening of the Convention, and shall remain at their several posts during the entire sitting of the Convention, ready to render any service in accordance with their several duties. absent at any time during the sittings of the 2d. No Clerk, Officer or Employee shall be Convention, unless by permission of the President, nor absent himself from the service of the Convention unless by permission asked (in writing) and obtained from the Convention during its sitting. 3d. Upon proper information and just complaint, the President is authorized to suspend any Clerk, Officer or Em loyee, and shall report the fact to the Convention at its then or next sitting. THE SECRETARY Shall keep a correct record of the proceedings and the business of Convention, and shall have the same printed in Journal form. Shall (under Rule 4th) submit a proof copy of the same to the President for examination and correction. Shall (under Rule 2d) read to the Convention the Journal of Proceedings. Shall (under Rule 18th) arrange every morning all Resolutions which have been read once are entitled to a second reading, all Reports and other matter which have been read once or twice, and are entitled to a second or third reading, and place the same agreeably to seniority, on the President's table. Shall certify and endorse the date of all Orders, Resolutions, Reports, or matter which has passed the Convention. THE ASSISTANT SECRETARY Shall call the roll each day at the opening of the Convention, read all Orders, Resolutions, Reports, and other matter when handed him by the President. THE SERGEANT-AT-ARMS Shall attend the Convention during its sittings, to aid in the enforcement of order, under the direction of the President, to execute the commands of the Convention from time to time, together with all such process, issued by authority thereof as shall be directed by the President. The symbol of his office (the Mace) shall be borne by him when in the execution of his office. THE COMMITTEE CLERKS Shall copy for the members all manuscripts handed them, in proper form; writing the same in a plain round hand; each line of each section to be numbered, and each line to contain, say thirteen words. THE PAGES Shall each morning lay upon the desk of the several members, a copy of the printed Journal and all other printed matter ordered by the Convention. Shall wait upon the members in any matter directly connected with the Convention. THE DOORKEEPERS Shall close the doors leading into the hall so soon as the Chaplain commences prayer, and shall prevent conversation, walking, or any interruption whatever outside the bar of the Convention during religious services. Shall close and keep closed both doors of the bar of the Convention, and take and keep position directly thereat, allowing no person to pass unless in strict conformity to the fifth Rule, viz: No person shall be admitted within the bar of the Convention but members of the Executive and Judiciary departmentss, members of the General Assembly, and such other persons as may be invited by the President. Shall prevent any abuse of property in the Lobbies. Shall keep the aisles outside the bar of the Convention clear, so that the ingress and egress of members shall not be interrupted. Shall give full attention to the comfort and seating in the Lobbies of all visitors. THE POSTMASTER Shall, on the arrival of the mails, promptly deliver to the members all mail matter addressed to them, and shall collect from their desks all matter prepared for mailing. THE HALL KEEPER Shall enforce proper decorum and order in the Rotunda, and shall exercise such supervision over the Hall as to render it comfortable and cleanly. Respectfully submitted, BALTIS H. KENNARD, I concur in the above report, with the following auendments: Amend Rule 15th by striking out the words majority of the members elected," and inserting "three-fourths of the members elected." Amend by adopting in lieu of Rule fortynine the following Rule, to be inserted as Rule forty-nine: "The Standing Rules of the Convention shall not be suspended except by a vote of at least two-thirds of the members present." DANIEL CLARKE. Mr. HEBB moved that the report be printed. Mr. CLARKE. I would suggest that there are only two amendments proposed to be submitted in reference to them, and the Conven tion may vote upon those amendments and then place it in the hands of the printer. If it is desired that it be printed before any action, I do not object to it. Mr. STIRLING. I think it would be better that we should see what the rules are, and whether they require amendment, before having them printed for permanent use. Mr. JONES of Somerset. I wish some members would state what the rules are. If they are the rules of the House of Delegates with some slight amendments, it would seem to be an unnecessary expense to print them now, and then after the adoption of an amendment or two to print them again. I make this suggestion as economy seems to be the order of the day. Mr. CUSHING. How are the committee to know what amendments will be proposed? There may be any number proposed by members besides those suggested by the member from Prince George's. We cannot print the rules as the rules of the Convention until we know what they are, and make up our minds whether we want any other alterations or not. The PRESIDENT. The rules will be printed in the Journal. Mr. KENNARD. At the last Convention the rules were not printed in the Journal at the time they were reported; but I would suggest that they go upon the Journal, and after they have been acted upon they can be printed in form for the use of members. The amendments referred to by the member from Prince George's are the amendments suggested by him. He concurs in the report with two exceptions which are appended to the report. If those were the only alterations to be made we could act upon them at once; but the rules may undergo considerable amendment by the House. It has been necessary to make considerable alterations from the rules of the House of Delegates in consequence of the character of the business being altogether different from that of ordinary legislative bodies. Mr. STIRLING. If it is to be entered upon the Journal, it is unnecessasy to order it to be printed. Mr. HEBB. With that understanding I withdraw the motion to print. The report was read and ordered to be printed on the Journal. Mr. KENNARD moved that the report of the Committee on Rules be made the order of the day for one o'clock to-morrow. The motion was agreed was agreed to-yeas 35; nays 32. Mr. STIRLING stated that the Committee on the Declaration of Rights would be ready to report in a few moments. ADJOURNMENT OVER. Mr. KING submitted the following order: Ordered, That when the Convention adjourn to-morrow, it stand adjourned till 12 o'clock Wednesday next. Mr. BAKER moved to amend by substituting Tuesday. So the order was agreed to. DECLARATION OF RIGHTS. Mr. STIRLING, from the majority of the Committee on the Declaration of Rights, submitted the following report, which was read: THE DECLARATION OF RIGHTS. We, the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consi eration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare : Mr. VALLIANT. I hope that will not be adopted, for it will not accommodate more than half the members of the Convention. If we are to adjourn for the accommodation of the Convention, I think we ought to adjourn to-day. A very large number of gentlemen composing this Convention are farmers, and we adjourn now because the Whitsuntide holidays are so near at hand, and it is desirable that those engaged in agricultural pursuits should be at home at least one day during those holidays. If we adjourn until Tuesday gentlemen must take up Monday, the first day of the holidays in coming here, so that they will spend none of the holidays at home. I hope gentlemen will see the propriety of adopting the order as it stands. Mr. KENNARD. I do not think we are now prepared to act on adjournment, and I suggest Art. 2. That the people of this State ought that the subject of adjournment to a day certain to have the sole and exclusive right of regube postponed until we have finished the busi-lating the internal government and police ness of the day, and then we shall be better thereof. able to determine to what day we shall adjourn. I move the following amendment: Ordered, That the subject of adjournment to a day certain be postponed until after the regular business of the day shall have passed. Mr. BERRY of Baltimore county. How are we to know that the regular business of the day has passed? We cannot know this until we shall have adjourned, and then of course it will be too late to act upon this subject. Mr. NEGLEY. I shall vote for the proposition; but really this is too indefinite, for there does not seem to be any regular business before the Convention. The amendment submitted by Mr. KENNARD was rejected. The question recurred upon the original order, that containing the longest time. Mr. HEBB demanded the yeas and nays, and they were ordered. The question being taken, the result was yeas 44; nays 37 as follows: Yeas--Messrs. Harwood, Bond, Henkle, Brooks, Barron, Berry of Baltimore county, Ridgely, King, Larsh, Swope, Jones of Cecil, Turner, Edelen, Mitchell, Todd, Dail, Johnson, Smith of Dorchester, Markey, Cunningham, Schlosser, Hopkins, Sands, Sykes, Chambers, Blackiston, Hollyday, Landsdale, Peter, Duval, Clarke, Belt Marbury, Lee, Brown, Wilmer, Morgan, Jones of Somerset, Crawford, Horsey, Valliant, Mayhugh, Davis, Sneary-44. Nays-Messrs. Goldsborough, President; Hebb, Thruston, Wickard, Robinette, Miller, Kennard, Stockbridge, Stirling, Daniel, Abbott, Cushing, Thomas, Parker, Smith of Carroll, Ecker, Wooden, Earle, Scott, Pugh, Davis of Charles, Carter, Noble, Keefer, Schley, Annan, Baker, Galloway, McComas Hopper, Russell, Mullikin, Nyman, Negley, Smith of Worcester, Purnell, Murray-37. Article 1. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole; and they have at all times the inalienable right to alter, reform or abolish their form of government in such manner as they may deem expedient. Art. 3. That the inhabitants of Maryland are entitled to the common law of England, and the trial by jury according to the course of that law, and to the benefit of such of the English statutes as existed on the fourth day of July, seventeen hundred and seventy-six, and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the courts of law or equity, and also of Acts of Assembly in force on the first day of June, eighteen hundred and sixty-four, except such as may have since expired or may be inconsistent with the provisions of this Constitution, subject, nevertheless, to the revision of and amendment or repeal by the Legislature of this State; and the inhabitants of Maryland are also entitled to all property derived to them from or under the charter granted by his Majesty, Charles the First, to Cecilius Calvert, Baron of Baltimore. Art. 4. The Constitution of the United States and the laws made in pursuance thereof being the supreme law of the land, every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and is not bound by any law or ordinance of this State in contravention or subversion thereof. Art. 5: That all persons invested with the Legislative or Executive powers of government are the trustees of the public, and as such, accountable for their conduct; wherefore, whenever the ends of the Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may and of right ought to reform the old or establish a new Government. The doctrine of non-resistance against arbitrary power and oppression is. absurd; slavish and destructive of the good and happiness of mankind. |