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Proceedings of the House of Delegates, 1799
Volume 98, Page 15   View pdf image (33K)
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VOTES and PROCEEDINGS, November, 1799.            15

appertaining to tribunals already established and competent to afford redress.  Your committee
are of opinion that the party complaining ought to apply to the present orphans court of Worcester
county for a revocation of the guardianship of his daughter, committed to another and to
be appointed himself her guardian; and that if such application be dismissed, he may have his
remedy by an appeal either to the general or chancery court.  With respect to the second object
of the petition of the memorialist, namely, that the legislature should inquire, whether there has
not been gross corruption and partiality in the members, or some of them, of the aforesaid
orphans court, in making the said appointment of guardian to the daughter of the petitioner,
your committee state, that no proof of corruption or partiality in the said court, or any of its
members, has been offered to them, and are rather of opinion that if proof ever so flagrant was
offered, the punishment of the court, or any of its members, ought, in strictness, to be referred to
the existing judiciary tribunals.  Then, on both points, your committee are of opinion, that this
house ought not to interfere, and recommend that the prayer of the petitioner should be dismissed.
                                                            By order,                                    J. F.  HARRIS, clk.
Which was read.
    The following resolution being propounded to the house, was read.  RESOLVED, That in the
opinion of this house, the repeal of the per diem law might tend to exclude from this house all
persons not possessed of affluent fortunes, and by that means to place the poorer classes of the
community entirely in the power of the rich, and to introduce slavery and oppression in this free
and happy state, and also tend to place this house under the influence and control of the senate.
    On the second reading of the said resolution, the previous question was called for and put,
That the said question be now put?  The yeas and nays being required, appeared as follow:

A    F    F    I    R    M    A    T    I    V    E.
Messieurs
Leigh,
Wroth,
Dunn,
Harwood,
Hall,
Brogden,
Worthington,
Carcaud,
Taney,
Brome,
McPherson,
Lemmon,
Brown,
Love,
Rose,
Nabb,
Denny,
Hyland,
Wilkins,
S. Frazier,
Duckett,
Wright,
C. Frazier,
Lowrey,
Gunby,
Sappington,
Warfield,
Shriver,
Street,
McComas,
Ayres,
Bond,
Mason,
Orrell,
Boon,
Buchanan,
Johonnot,
Riley,
Turner,
Swearingen,
Tomlinson,
Beall,
Rice.

  


43.
N    E    G    A    T    I    V    E.
Messieurs
Greenwell,
Neale,
Mackall,
Cottman,
Stewart,
Pattison,
P. Thomas,
Haynes,
Wallace,
Rumsey,
Addison,
Marbury,
Key,
Purnell,
Franklin,
J. Thomas,
Magruder.
17.
So it was resolved in the affirmative.
    The main question was then put, and the yeas and nays being required, appeared as follow:
A    F    F    I    R    M    A    T    I    V    E.
Messieurs
Leigh,
Wroth,
Dunn,
Harwood,
Hall,
Brogden,
Worthington,
Mackall,
Carcaud,
Taney,
Brome,
McPherson,
Lemmon,
Brown,
Love,
Rose, 
Nabb,
Denny,
Hyland,
Wilkins,
S. Frazier,
Keene,
Addison,
Duckett,
Wright,
C. Frazier,
Thompson,
Lowrey,
Gunby,
Sappington,
Warfield,
Shriver,
Street,
McComas,
Ayres,
Bond, 
Mason,
Orrell,
Boon,
Buchanan,
Johonnot,
Riley,
Turner,
Swearingen,
Beall,
Rice.

  


46.
N    E    G    A    T    I    V    E.
Messieurs
Greenwell,
Neale,
Edmondson,
Cottman,
Stewart,
Pattison,
Goldsborough,
P. Thomas,
Haynes,
Wallace,
Rumsey,
Marbury,
Quynn,
Key,
Purnell,
Franklin,
J. Thomas,
Magruder.
18.
So it was resolved in the affirmative.
    The following resolution being propounded to the house, was read.  RESOLVED, That in the
opinion of this house, the sum of three dollars and a half per diem is more than adequate to the
support of its members whilst attending their duty, and therefore that the act of assembly ascertaining
the allowance of members of the general assembly ought to be repealed, in order that a
smaller, but an adequate sum, be substituted in lieu thereof.
    On the second reading the said resolution, the previous question was called for and put, That
the said question be now put?  The yeas and nays being required, appeared as follow:
A    F    F    I    R    M    A    T    I    V    E.
Messieurs
Cottman,
Stewart,
Pattison,
P. Thomas,
Haynes,
Wallace,
Rumsey,
Marbury,
Calvert,
Purnell,
Franklin, J. Thomas.
12.
N    E    G    A    T    I    V    E.
Messieurs
Leigh,
Greenwell,
Neale,
Wroth,
Dunn,
Harwood,
Hall,
Brogden,
Worthington,
Mackall,
Taney,
Brome,
McPherson,
Lemmon,
Brown,
Love,
Edmondson,
Rose,
Nabb,
Denny,
Hyland,
Wilkins,
S. Frazier,
Keene,
Goldsborough,
Addison,
Duckett,
Quynn,
Key,
Wright,
C. Frazier,
Lowrey,
Gunby,
Sappington,
Warfield,
Shriver,
Street,
McComas,
Ayres,
Bond,
Mason,
Orrell,
Boon,
Johonnot,
Magruder,
Riley,
Turner,
Swearingen,
Tomlinson,
Beall,
Rice.

  


52..
So it was determined in the negative.
The house adjourns till to-morrow morning 9 o'clock.

F    R    I    D    A    Y,    November 15, 1799.

    THE house met.  Present the same members as on yesterday.  The proceedings of yesterday
were read.
    On motion, Leave given to bring in a supplement to an act passed at the last session of assembly,
entitled, An act for the promotion of literature in this state, and to repeal the fourth section of

 

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Proceedings of the House of Delegates, 1799
Volume 98, Page 15   View pdf image (33K)   << PREVIOUS  NEXT >>


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