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702 Dennis, Dashiell, Williams, Hicks, Hodson, Goldsborough, Eccle ston, Phelps, Bowie, Tuck, Sprigg, McCubbin, Bowling, Dirick son, McMaster, Hearn, Fooks, Jacobs, Gaither, Carter, Schley, Fiery, Davis, Kilgour, Brewer and Waters—41. NEGATIVE—Messrs. Ricaud, Donaldson, Dorsey. Ridgely, Lloyd, Sherwood, of Talbot, C olston, Constable, McCullough, Miller, Grason, George, Wright Thomas, Shriver, Annnn, Sappington, Stephenson, McHenry, Nelson, Thawley, Stewart of Caroline, Hardcastle, Gwinn, Stewart of Balt, city, Brent of Balt. city, Sherwood of Balt, city, Ware, Neill, John Newcomer, Harbine, Michael Newcomer, Anderson, Weber, Hollyday, Fitzpatrick, Smith. Parke, Ege, Shower, Cockey and Brown—41. So the order was not adopted. Mr. Bient, of Balt. city, submitted the following as articles of the constitution, which he desired should be entered upon the journal 1st. The court of Appeals shall upon the decision of every case which has been argued in said court, give a decision in writing upon the points arising in the record, and the Legislature shell provide by law for the speedy publication of the decisions of the court of Appeals, but no Judge shall report such decisions. 2nd. The Court of Appeals shall not refuse a procedenth in any case at common law, which it may reverse so as to iuvoke by such refusal the decision of any matter of fact proper to be sub- nutted to a jury, nor shall any procedendo in any case be refused when the court may be of opinion that a meritorious cause of action or defence may be received on the further trial of the cause by the amendment of the pleadings, or by the introduction of further evidence. On motion of Mr. Neill, The Convention reconsidered their vote of yesterday on the amendment offered by Mr. Miller, to the report of the commit tee on the Legislative Department, and adopted by the Conven tion, to be found on page 736 of Journal. On motion of Mr. Neill, Said section was amended by inserting after the word "compen sation," these words "as agreed upon between the parties, or awarded by a jury;" The said section was then adopted as amended. The Convention then resumed the consideration of the report of the committee on the Declaration of Rights. Mr. Chambers, of Kent, moved to reconsider the 33rd article, to be found on page 293 of Journal, for the purpose of moving the following amendment to same, by striking out from the word ‘‘or,'' in the 2nd line, to the word "State'' inclusive, and by in serting as an additional article the following. "That no other test or qualification ought to be required on ad- |
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Proceedings and Debates of the 1850 Constitutional Convention
| Volume 101, Page 702 View pdf image |
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