Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-25

II
strike out all the original part of the section down to tn
amendment just adopted, and insert in lieu Thereof
The following provision which ii adopted will al,cr tn
~hoie section anil become part Of the section in conncc
non with tie provso Just adopted
IN The foruatinn uG new cn,rc= no existing county
snail ne educed below Of 500 square miles no,
snail any existing county having population of les:
'nah oooo white inhabitants. be deprived of more than
oh q, Of its population"
me question Is first upon striking out.
Dir FERGUSON. would suggest to the gentleman
rom Harrison that it would be nexpeien insert the
amendment ~
Mr. CAMDEN. Twill accept of that modification
tne question being then taken upon the motion to
noes So "'@S '''
Inc question then required upon the motion to insert
ana was not agreed to upon dvsion-ayes 90, noes
Mr.. sNoWDEN. | would inquire if motion to
ike ont the remainder of the section which the pro-
Slso we have adopted, will be in order
me CHAIR. The Chair is Of the opinion that it
would not be in order
Mr' SSOWDEN. l would say that it is long lane
hat mas no turning. made this same motion to strike
out ths section some two hours ago. and it has Just
been ACCOMPLISHED
Mr.. VOOLFOLK, think that there ought to be
some restriction placed here may otherwise have
court house in every ten miles square, and with view
~ enable gentlemen to frame plan of restriction
tie Committee row rise
Inc question being taken upon that motion-a count
being had-there ayes 90, noes 44-no quorum
voting.
Air. SuEFFEf moved that the committee rise and
report the fact of their being no quorum
lhe question being propounded upon that notion
count having been called pending the count
MR. SHEFFEI. l am satisfied that there is no quo
rum present, they would have voted. However, as
nave been requested, will, with permission, withdraw
my motion to rice.
No objection being made. the motion Withdrawn
MIR. MARTIN, of Marshall When the question was
taken upon the motion that the committee rise and there
vas found to be no quorum voting, they not
PEELED to riser
The CHAIR Certainly, when the committee OF the
whole are found without quorum, the committee is
then dissolved and they can do no more business until
llurther instructed BY lie house
Mr. VOOLFOLK. That is precisely what desire
want this committee 10 dissolve and report the fact to
lhe Convention. Laughter.
Mr: GOODE. There is blank created b. striking
out the section suppose will now be in order to move
10 fill that blank
The CHAIR Certainly.
Mr. GOODE now move to fill the blank with the
following:
NO new county shall be formed with an area lees than
$50 square miles. In the formation Of new counties no
existing county shall be reduced below such area nor
shall any existing county having population Of less
than $500 white inhabitants, be deprived Of thnn
one-fiith of its population.
Mr.. FERG CSON. Is it in order to fill blank before
1t Is ascertained that quorum is presents
Mr.. MARTIN, Of Marshall. | move that the commit
lee 90 now rise
The question taken and the committee refused to
rise court being hsd-ayes 81, noes AZ.
The CHAIR. The Chair felt difficulty in de
erninns the question which was submitted TO him some
minutes ago. to whether it WAS in order to move to
strike out the whole section after proysO inserted
without striking ont the proviso but not being able to
satisfy himself ut the moment upon tho point, he put
the motion which carried strike the section
pom reference TO the Manual lie Satisfied that the
decision Iopg, and the motion to strike OUT was
therefore not in order The Chair begs leave to read
from the Manual the following, relating this point:
MAY 3O-The alien bill in quasi committee. To
section and proviso in the original had been added two
new provisos, BY way of amendment. On motion tot
strike the section amended the question was de-
sired be divided. To do this, it must be put, first
upon striking either the former proviso or some dis
nct member Of the section. But when nothing remains
but the last member OF the section and the provso, they
cannot be divided to put the last member to ques
ton by tsof for the prorsos mi ht thus be left stand
ing alone options to rule when the rule is taken
away; the new provisos might DO left TO second
question: after having been decided on once before al
the reading which is contrary 10 rue Bat the
question be striking out tie last member of the
section amended. This sweeps away the exceptions
with the rule and relieves from inconsistency. ques
lion to IN iirislL~ comp! "i',''I r~'-'~
entire. that one nl tncin
nav stand entire But proviso or al exception with
An rnacng clause does not contain an entire point CT
proposition
The CHAIR is of the opinion from thu. that motion
to strike out the section without also striking out the
proyiso, not in order.
Mr. PRICE But my motion to strike out was sePa-
rate motion and the motion was carried.
The CHAIR. The Clair does not consider that, he
has the power settle this question 1t has the
lans OF the committee. lie only wished to Correct the
u, l,l, o,I,.ar Iy fall la n
ron wua prupo,lnic BY the Chair whether the section
houd be stricken out 1t ought not to have been pro-
pounded by the Chair but having been Propounaed II Is
low il. the hand, Of the committee
Mr. GOODE Thea | understand the question Is me
same as ii tae question upon striking out had no. teen
taken.
The CHAIR. Taat is for the committee to deter
mine.
iIr GOODE But according to the decision OF the
,ba,r il was not in the power Of the committee !"
trike out the section in that FORM 1t was contrary 20
The rules which govern u.s. which the committee cannot
act aside maintain therefore, that thequeston pre-
.isey in the position as 1t would have been the
notion had not been 20 strike out.
Mr PRICE. l want to know exactly hn% we are I"
act inside th.: vote. The motion was made to strike
,nt ant, that motion was entertained by the person
chose business it to decide whether II WAS III order
,r not He decided To be il order and the question
vi. accordingly put aud carried II the CHAR enter
a,eb that motion on; Of order and put the motion II
t Chair TO recall that decision If the Char decides
that the question stands in the same condition IN
which it would stand if that vote had not been taken
must respectfully appeal from that decision
The CHAIR The Chair has remarked that he has no
mower over the question: but that it now III the hands
of the committee He is convinced that he ought not TO
Ih,ye entertained the motion to strike out, but nc does
not consider himself liberty to reverse the decision {"
the committee in striking out the section since The queS
ion has been taken.
Mr.. GOODE Then the blank that is created ls not
disposed Of at all 1t is filled by the Proviso be-
s tba clause to which, il was proyso stricken out
think the question ought to be considered precisely as
f the motion to strike out had not been male.
This thing be setcvident and obvious 70 the IN
.,I;cpco of the whole house-that certain rules are
,rescribcG! for our government that have right to
the protection thai the rules give and therefore, that
if any thing done in violation OF the rules am ent,
cd TO be relieved from the effects consequent on such
violation Of law That s the principle which unVer-
sally prevails where law is impartisly administered
4 MEMBER Is it in order TO debate TN. question
....l,o, Of tna 'lair