618

from unjust imprisonment secured. I have been anxious to take
measures to bring this case properly before the Supreme Court, but
Mr. Alberti and his friends aie so poor that the necessary expenses
cannot be obtained.

I will feel obliged to your Excellency, if you will communicate
the purport of this letter to the Convention.

I am with great respect, your Excellency's obedient servant,
HOR. HUBBELL
His Excellency Gov. Lowe, Annapolis.
Which was read, and
On motion of Mr. Brown,
Referred to the select committee already appointed on that
subject.
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. Spencer, gave notice that on to-morrow, he should move that
the consent of the Convention begranted to enable him to move to re
consider the vote of the Convention on the 10th section of the
report adopted this morning for the purpose of offering the follow
ing as a substitute therefor
"There shall be in each county of this State art Orphans' court,
which shall hold, use and exercise all the powers, authorities and
jurisdictions, now held, used and exercised by the existing
Orphans' courts in the several counties of this State; and the
General Assembly may by law, restrain or enlarge the powers
and jurisdiction thereof. The judge of the circuit in which any
Orphans' court shall be held, shall be judge thereof; and shall
hold at least four terms of said court in each year in each county
in his circuit, or oftener if required by law. In the recess of the
Orphans' court, the Register of Wills, in each county, shall have
and exeicise all and singular the powers, authorities and jurisdic
tion of the said court; and from any final order, judgment or
decree of the Register of Wills, there shall be a right of appeal,
under such regulations as may be provided by law, to the judge
of the Orphans' court; and the said judge shall have the matter
of said appeal de novo, and decide aceording to the
equity and right of the matter. From any final oider, judg-
ment or decree of the said circuit Judge, sitting as a judge of the
Orphans court, there shall be a right of appeal to the court of
Appeals, as now or hereafter may be provided by law."
The amendment offered by Mr. Spencer, on Saturday, as the
11th section of the report, was then read
Mr. Spencer, moved the question be taken by yeas and nays
and being ordered appeared as follows:
AFFIRMATIVE-----Messrs. Ricaud, Lee, Buchanan, Dickinson,
Milkr, McLane, Bowie, Sprigg, McCubbin, Spencer, George,