524

Mr. Dorsey, moved to amend said substitute by adding at the
end thereof, the following proviso:
"Provided, That no new county shaH be established unless a
bill for that purpose shall be passed at two successive sessions of
the General Assembly;"
The Chair ruled this amendment to be out of order.
The question then recurred on the amendment as offered by Mr.
Phelps, to the 23rd section;
Mr. Phelps, (with the consent of the Convention,) further a-
mended his amendment by inserting after the word "Assemhly," in
4th line, these words "in manner to be prescribed by the Legisla
ture;"

The said amendment was then adopted as amended.
The question then recurred on the adoption of the substitute as
offered by Mr. McHenry, for said 23rd section as amended;
On the question being put,
"Will the Convention accept the substitute?" it was
Determined in the negative.
The question then recurred and was put on the adoption of said
23rd section as amended;
Mr. Brown moved the question be taken by yeas and nays, and
being ordered, appeared as follows:
AFFIRMATIVE—Messrs. John Dennis, James U. Dennis, Hicks,
Phelps, McMaster, Biser, Stephenson, Schley and John New
comer—9.
NEGATIVE —Messrs. Chapman, Pres't, Morgan, Blakistone,
Hopewell, Ricaud, Chambers, of Kent, Mitchell, Donaldson,
Dorsey, Wells, Randall, Sellman, Sollers, Howard, Buchanan,
Welch, Sherwood, of Talbot, Dashiell, Williams, Bowie, Sprigg,
George, Dirickson, Hearn, Annan, McHenry, Nelson, Thawley,
Gwinn, Brent, of Baltimore city, Sherwood of Balt. city, Ware,
Fiery, Michael Newcomer, Davis, Kilgour, Waters, Anderson,
Weber, Hollyday, Slicer, Fitzpatrick, Shower, Cockey and
Brown—45.

So the 23rd section as amended was rejected.
The Convention then proceeded to the consideration of the
amendment offered by Mr. Blakistone, on the 7th of March, as
the 43rd section to said report, and to be found on page 411 of
the Journal.

Mr. Blakistone, (with the consent of the Convention) with
drew said amendment, and substituted in lieu of it the following:
Section 43. That it shall be the duty of the Legislature to carry
out in good faith the several acts of Assembly, and the several
resolutions passed by the General Assembly in relation to the dis
position of the school fund; and also in relation to the disposition