634

Mr. Stewart of Balt. city, moved the question be taken by
yeas and nays, and being ordered, appeared as follows
AFFIRMATIVE—MeSSrS. Donaldson, Dairymple, Howard, Bell,
Chandler, Ridgely, Lloyd. Colston, James U. Dennis, Crisfield,
Chambers, of Cecil, McLane, Spencer, George, Shriver, Biser,
Annan, McHenry, Magraw, Carter, Thawley, Stewart, of Caroline,
Gwinn, Stewart, of Balt. city. Brent, of Balt, city, Sherwood, of
Balt. city, Ware, Michael Newcomer, Brewer, Hollyday, Fitz
patrick, Parke, Shower, Cockey and Brown—35.
NEGATIVE—Messrs. Chapman, Pres't, Morgan, Blakistone,
Dent, Hopewell, Ricaud, Lee, Chambers of Kent, Mitchell, Dorsey,
Randall ,Kent ,Sellman, Bond, Brent of Charles, Merrick, Buchanan,
Dickinson, Dashiell, Williams, Hicks, Hodson, Goldsborough, Ec-
cleston, Bowling, Wright, Dirickson, McMaster, Hearn, Fooks,
Jacobs, Gaither, Sappinglon, Stephenson, Nelson, Schley, Fiery,
Neill, John Newcomer, Harbine, Davis, Kilgour, Waters,
Anderson, Weber and Slicer—47.
So the Convention refused to reconsider their vote.
The 11th section was then read.
Mr. Spencer rose in his seat to offer a substitute for the 11th and
12th sections of the report, and having proceeded to address the
Convention
Mr. Buchanan, rose to the following point of order—That it is
out of order for the gentleman from Queen Anne's in debate in the
Convention, to refer to the proceedings that took place in the corn
mittee room.
Mr. Blakistone, being in the chair, stated that the opinion of
the chair was, that every gentleman rising to speak, should
speak to the question before the Convention.
Mr. Spencer then offered as a substitute for the 11th section of
the report, the following:
"There shall be in the city of Baltimore three courts,one to be call
ed the common law court, the other the equity court, and the other
the criminal court, with onejudge to each, provisions may be made
by law, for the establishment of a police court ;‘‘
Mr. Spencer withdrew said substitute.
Mr. Stewart of Balt, city, then moved to amend the 11th section
of said report by inserting after the word "shall" in the 4th line,
these words "be over one hundred and shall;"
Determined in the affirmative.
The said 11th section was then adopted as amended.
The 12th section of said report was then read.
Mr. Stewart of Balt. city, moved to amend said 12th section by
inserting after the word "dollars" in the 3rd line of said section,
the following:
"Provided that where the plaintiff or plaintiffs shall recover