561
The Convention resumed the consideration of the order of the
day, being the report No. 13, submitted by Mr.. Bowie, as chair
man of the committee on the Judiciary.
The question pending before the Convention ôñ yesterday,
being on the amendment offered by Mr. Donaldson, to the 5th
section of said report.
Mr. Donaldson, moved for a division of the question upon
striking out.
After debate thereon,
Mr. Spencer, moved that the Convention do now adjourn until
Monday morning, there being only sixty-four members now in at
tendance.
Mr. Johnson, rose to a point of order, that the motion of Mr.
Spencer, being accompanied with reasons for the adjournment,
that the motion was not in order.
The chair stated that the motion to adjourn was in order, but
could not be accompanied with reasons for the motion.
Mr. Spencer, then withdrew the reasons, and moved the Con
vention adjourn.
On this motion, he moved the question be taken by yeas and
nays, and being ordered appeared as follows:
AFFIRMATIVE—Messrs. -Morgan, Lee, Mitchell, Donaldson,
Dorsey, Wells, Randall, Weems, John Dennis and Spencer—lO.
NEGATIVE—Messrs. Ricaud, Prest. pro tem., Chambers of
Kent, Merrick, Howard, Buchanan, Bell, Welch, Lloyd,
Sherwood of Talbot, Colston, Crisfield, Dashiell, Hicks, Golds
borough, Eccleston, Phelps, Miller, Bowie, Tuck, Sprigg, Bow
ling, Grason, George, right, Dirickson, McMaster, Hearn,
Fooks, Jacobs, Shriver, Johnson ,Gaither, Biser, Annan, Sapping.
ton, Stephenson, McHenry, Magraw, Nelson, Stewart of Caro
line, Hardcastle, Gwinn, Sherwood of Balt. city, Ware, Schley,
Fiery, Neill, Harbine, Kilgour, Brewer, Anderson, Weber, Holly
day, Slicer, Smith, Parke and Shower—58.
So the Convention refused to adjourn.
The question then recurred upon the motion of Mr. Donaldson,
to strike out.
Mr. Spencer, (with the consent of the Convention) withdrew
the substitute offered by him on yesterday, for the 5th section of
the report.
Mr. Crisfield, (with the consent of the Convention,) also with
drew the substitute offered by hiim for the 5th section of said report.
The question again recurred upon the motion of Mr. Donald
son, for a division of the question upon striking out.
On the question being put on striking out,
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