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159
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The question upon its adoption was decided in the nega-
tive.
Article 31, strike out the word "ought, " in the third line,
and insert the word "shall. "
Decided in the negative.
Mr. Clarke submitted the following amendment:
Article 31, strike out all after the word "that, " in the first
line, and insert the words, "no person shall be held to an-
swer for any charge or crime before a Court Martial or Mili-
tary tribunal, except in cases arising in the land and naval
forces of the United States, or in the Militia of the State
when in actual service in time of war or public danger. "
The question being on the adoption of the amendment,
Mr. Clarke demanded the yeas and nays.
The demand being sustained,
The yeas and nays were called, and appeared as follows:
AFFIRMATIVE.
Messrs. Hodson, Parker,
Berry, of P. Geo., Horsey, Peter,
Clarke, Jones, of Som., Stockbridge,
Cunningham, Marbury, Thomas,
Davis, of Charles, Miller, Wilmer—16.
Duvall, Morgan,
NEGATIVE.
Messrs. Hebb, Scott,
Goldsborough, P't Hopper, Smith, of Carroll,
Abbott, Keefer, Smith, of Wor.,
Annan, Markey, Sneary,
Audoun, McComas, Swope,
Baker, Mullikin, Sykes,
Cushing, Murray, Thruston,
Daniel, Negley, Todd,
Davis, of Wash., Nyman, Valliant,
Dellinger, Pugh, Wickard,
Earle, Russell, Wooden—34.
Farrow, Schlosser,
So the question upon its adoption was decided in the
negative.
Mr. Stockbridge submitted the following amendment:
Article 31, line 3, after the word "case, " insert the word
"to; "
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