any precedent for the adoption of such a reso-
lution?
Mr. MAGRAW. It is customary, I believe, to
deposit a copy of the Journal of Proceedings
of the House of Delegates. This is the only
precedent that I know of. We have had no
Convention in the State of Maryland since '76.
There can, therefore, be no precedent, so far as
Conventions are concerned.
The question was then taken on the adoption
of the order, and was decided in the affirmative.
So the order was adopted.
The PRESIDENT announced the following gen-
tlemen as composing the said committee: Messrs.
Magraw, Buchanan and Crisfield.
Mr. BUCHANAN. I pray that I may be excu-
sed. It is impossible for me to serve.
The PRESIDENT designated Mr. Schley, in
place of Mr. Buchanan.
Mr. SCHLEY. I ask to be excused. I have a
great many duties to perform besides those
which appertain to the businesss of the Conven-
tion-duties which occupy all the leisure time
I have at my disposal.
Mr. Schley was therefore excused from service.
Mr. CRISFIELD. I think I heard my name an-
announced as a member of the committee.
The PRESIDENT. The Chair did designate the
gentleman from Somerset, (Mr. Crisfield.)
Mr. CRISFIELD. I must pray to be excused.
My engagements are such that it will be impos-
sible for me to attend to the duties of the ap-
pointment. I respectfully ask to be excused.
Mr. Crisfield was therefore excused from ser-
vice, and the President designated Messrs. Mor-
gan and McCubbin in the place of Messrs. Schley
and Crisfield.
IMPRISONMENT FOR DEBT.
Mr. CRISFIELD, (the the President.) Is it in
order for me to move to a re-consideration of any
vote incorporated in a provision of the legisla-
tive report? I gave notice on Friday last of my
intention to move a reconsideration of the vote.
I am not sure whether the motion is in order or
not.
The PRESIDENT. Does the gentleman propose
to reverse any decision which has been made by
the Convention?
Mr. CRISFIELD. Yes; I propose to re-consid-
er section 42, of the legislative report, which
provides for the abolition of imprisonment for
debt. I desire that the vote should be recon-
sidered, in order that I may propose, in lieu of
the article as it now stands, a substitute, which
I will read.
The PRESIDENT. The Chair understands the
gentleman from Somerset (Mr. Crisfield) to say
that he had given notice of the motion to re-
consider.
Mr. CRISFIELD. I gave the notice on Friday
last. The article, as adopted by the Conven-
tion, simply declares that "no person shall be
imprisoned for debt." If the vote by which
that section was adopted should be reconsidered,
I intend to move the following as a substitute;
"As soon as practicable after the adoption of
this constitution, laws shall be passed to abolish |
imprisonment for debt, punish fraud, and en-
force the just application of the property of in
solvent persons to the payment of their debts."
The PRESIDENT. The Chair thinks that the
proposition will be in order, if the motion to re-
consider should prevail.
Mr. CRISFIELD. Then I move a re-consider-
ation of the vote, in order that I may offer the
substitute which I have read.
The question was then stated to be on the
motion to re-consider.
Mr. CRISFIELD said that on Friday he had
given notice that he would to-day move a recon-
sideration of the clause in the article on the Le-
gislative Department abolishing imprisonment
for debt. He now rose to make that motion.
He said he took it for granted that the Conven-
vention, and perhaps the people of the State,
had a serious design that, hereafter, imprison-
ment for debt should not be allowed in this State.
He acquiesced in that determination; indeed
had voted for the clause, and he was now dis-
posed to carry it out; but he really thought some
provision ought at the same time to be made to
prevent fraud, and secure the just appropria-
tion of the debtor's property to the payment of
his debts. To digest a proper system to accom-
plish these objects would be a work of great
labor; and when accomplished, would be inap-
propriate to be inserted in the Constitution. It
was, in his judgment, a proper subject of legis-
lation. All that he thought ought to be done by
this body was to declare that imprisonment for
debt should be abolished by law. The Legisla-
ture could adjust the whole subject and pre-
scribe all the necessary restrictions and guards.
He hoped all the Legislature would be directed to
abolish imprisonment for debt, and at the same
time to adopt suitable means to enforce the ap-
plication of the debtor's property to the pay-
ment of his debts and to prevent frauds. He
moved the reconsideration, and gave notice that
if it was carried he should move the following
as a substitute for the clause as it now stood:
"As soon as practicable after adoption of this
Constitution, laws shall be passed to abolish im-
prisonment for debt, punish fraud, and enforce
the just application of the property of insolvent
persons to the payment of their debts."
Mr. SPENCER. How can the gentleman reach
that question?
Mr. CRISFIELD. I ask the Chair whether it is
in order to enter upon the discussion of the sub-
ject at this time?
The PRESIDENT said the Chair did not think
the motion of the gentleman from Somerset
(Mr. Crisfield) necessarily brought up the whole
bill before the Convention.
Mr. SPENCER hoped that the gentleman from
Somerset would let his motion lie on the table
for the present, as it would lead to debate. The
Convention could then proceed to the considera-
tion of the subject which was under discussion
on Saturday last.
Mr. CRISFIELD had no objection to that, pro-
vided a vote was taken on his motion to recon-
sider. Then the subject might lie over. |
