568

fusing to deliver said Mitchell to the authorities of the State of
Pennsylvania, and that he deserves the thanks of the good people
of this State for the firmness he has manifested in his refusal o
deliver a citizen of Maryland to an unjust and unconstitutional
demand made by the Governor of Pennsylvania.
They beg leave further to report that they have understood that
two citizens of the State of Pennsylvania who acted as agents
of James S. Mitchell, in capturing his slaves, have been convict
ed of the clime of Kidnaping, and sentenced to the Penitentiary
of that State. Believing as your committee do, that the taking
and delivering to the said Mitchell, by the said agents, of the child
of the fugitive slave woman of the said Mitchell, was not a crime
under the federal consritution, but in strict corrforrnity thereto, and
feeling as they do, the deepest sympathy for the said agents,
they beg leave to report the following resolutions
Resolved, That the Executive of this State be requested to
instruct the Attorney General to cause such proceedings to be set
on foot, as that the case of said agents may be brought before the
Supreme Court of the United States for its adjudication.

Resolved further, That 1,000 copies of correspondence between
the Governor of this State and the Governor of Pennsylvania, with
the accompanying documents be printed for the use of the members of this Convention.

Which was read and laid on the table.

The Convention then resumed the consideration of the order of
the day, being the report No. 13, submitted by Mr. Bowie, chair
man of the com mittee on the Judiciary.
On motion of Mr. Spencer,
The Convention was called, and the Doorkeeper sent for the
absent members.
Mr. Uwina, moved to dispense with further proceedings under
the call.
Mr. Spencer, moved the question be taken by yeas and nays,
and being ordered, appeared as follows:
AFFIRMATIVE—Messrs Lee, Wells, Howard, Coiston, Hicks,
Hodson, Goldsborough, Eccleston, Phelps, Grason, Wright, Dir
ickson, Jacobs, Johnson, Gaither, Biser, Gwinn, Stewart, of Balt.
city, Ware, Neill, Anderson, Weber, Parke and Brown—24.
NEGATIVE—Messrs. Ricaud, Pres't, pro tem., Morgan, Cham
bers of Kent, Mitchell, Dorsey, Dalrymple, Sollers, Buchanan,
Bell, Ridgely, Sherwood of Talbot, John Dennis, McCullough,
Miller, Bowie, Bowling, Spencer, George, McMaster, Hearn,
Fooks, Thomas, Shriver, Annan, Sappington, Stephenson,
Nelson, Stewart of Caroline, Hardcastle, Brent of Balt city,
Sherwood of Balt, city, Schley, Fiery, Harbine, Kilgour,
Hollyday, Slicer, Fitzpatrick, Smith and Sho wer—40.
So the Convention refused to suspend further proceedings under
the call.