swerable to the defendant for all the damage sustained by him in
the premises.
Sec. 13. In the trial of all actions hereafter in the courts of
this State, in which matters of account in bar or set off, are plead
as now authorised by law, or which hereafter may be allowed by
law, the jury shall find, according to the merits of the case, either
for the plaintiff or the defendant as thesame may be.

Sec. 14. The courts of this State, shall not have the power
hereafter, to gm-ant a new trial in any action of tort on the ground
of excessive damage."

Mr. Stewart of Balt. city, submitted the following order:

Ordered, the President of the Convention be authorised to
pay upon the order of the committee on Printing, such sum as the
said committee shall find it necessary to disburse for the printing of
the Convention.

Which was read.

Mr. Stephenson, moved the question be taken by yeas and
nays, and being ordered appeared as follows:

AFFIRMATIVE—Messrs. Ricaud, Pres't, pro tem., Morgan, Lee,
Chambers, of Kent, Mitchell, Wells, Kent, Weems, Dairymple,
Sollers, Howard, Buchanan, Ridgely, John Dennis, Crisfield,
Hicks, Hodson, Goldsborough, Eceleston, Phelps, Bowie,
Sprigg, Spencer, George, Wright, McMaster, Gaither, Annan,
Gwinn, Stewart, of Balt. city, Brent, of Balt, city, Sherwood, of
Balt. city, Ware, Davis, Anderson, Weber, Hoilyday and
Smith —38.
NEGATIVE—Messrs. Sellman, Bell,Welch, Sherwood, of Talbot,
Colston, Miller, Fooks, Shriver, Biser, Sappington, Stephenson,
Nelson, Stewart, of Caroline, Hardcastle, Schley, Fiery, John
Newcomer, Harbine, Slicer, Fitzpatrick, Parke and Brown.—22.
So the order was adopted.
On motion of Mr. Shriver,
The Convention took up for consideration the report submit
ted by Mr. Sollers on yesterday, on the subject of the requisition of
the Governor of Pennsylvania upon the Governor of this State, for
the delivery of James S. Mitchell;
The said resolutions were then read the second time and adopt
ed.
The Convention then resumed the consideration of the order
of the day, being the report submitted by Mr. Bowie, chairman of
the committee on the Judiciary
Mr. Stephenson, moved to amend the 5th section of said report,
by striking out from the word ‘‘who'' in the 10th line to the word
‘‘or,'' in the 11th line, and inserting in lieu thereof, the following:
"And immediately after the judges of the court of appeals shall
have convened alter their first election under this constitution, the