451

it may contain, and for every fraction above half of said number,
there shall be allowed to every county having such excess, one
additional delegate; the city of Baltimore shall be entitled to the
same number of delegates as the county which shall be entitled
to the largest represention, and no county shall have less than two
delegates;"
Mr. Tuck, rose to the following point of order, that the amend.
ment offered by Mr. John Newcomer, was not in order, for the
reason that it was substantially the same as that offered by Mr.
Schley, and rejected by the Convention.

The Chair ruled the amendments to be in order because that part
of the amendment offered by Mr. Phelps, was rejected, leaving Mr.
Schley's amendment relating to the subject of the House of Dele
gates still unacted upon.

Mr. Dursey, then offered as a substitute for said amendment the
amendment offered by him on Friday, the 21st inst., and to be
found on page 476 of Journal

Which was read.
Mr. Crisfield, moved for a division of the question upon each
branch of said substitute.

The question was then put on the 1st branch of said substitute
being in these words
"The House of Delegates shall, until altered by the Legisla
ture as hereinafter provided for, consist of eighty-three members,
to be apportioned amongst the counties and city of Baltimore, as
follows: One delegate to each county and the city of Baltimore as
the representative of the territory thereof ;‘‘

Mr Crisfield, moved the question be taken by yeas and nays, and
being ordered appeared as follows
AFFIRMATIVE —Messrs. Chapman, Pres't, Morgan, Blakistone,
Dent, Hopewell, Ricaud, L ee, Chambers, of Kent, Mitchell,
Donaldson, Dorsey, Wells, Randall, Kent, Weems, Dalrymple,
Bond, Sollers, John Dennis, James U. Dennis, Crisfield, Williams,
Hicks, Goldsborough, Eccl eston, Phelps, Bowie, Tuck Sprigg,
McCubbin, Dirickson, McMaster, Hearn Fooks, Jacobs, Kilgour
and Waters—37.

NEGATIVE— Messrs. Sell man, Merrick, Jeni fer, Howard,
Buchanan, Bell, Welch, Chandler, Ridgely, Lloyd, Colston,
Constable, Chamber's, of Cecil, Miller, McLane, Spencer,
George, Wright, Thomas, Shriver, Johnson, Gaither, Biser,
Annan, Sappington, Stephenson, McHenry, Magraw, Nelson,
Thawley, Stewart of Caroline, Hardcastle, Gwinn, Sewart, of
Baltimore city, Brent, of Balt, city, Sherwood, of Baltimore
city, Presstman, Ware, Fiery, John Newcomer, Harbine, Michael
Newcomer, Brewer, Anderson, Weber, Hollyday, Slicer, Fitz-
patrick, Smith, Parke, Shower, Cockey and Brown—53.

 
 
So the 1st branch was rejected.