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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 221   View pdf image
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221

tablished, by the passage of the Act of Assembly,
its adoption by the people, their subsequent elec-
tions and our Convention thereunder, as if this
Convention had been assembled after the most
successful, forcible, and revolutionary struggle.
But when I came here I made up my mind that
my attendance on the Convention should not pre-
vent there being a constitutional quorum for the
dispatch of business in the Court of Appeals. Of
that determination I notified the Court, and re-
quested that I might be sent for when an emer-
gency required it. And day after day, and longer
than there was any occasion for it, I visited the
Court, and from time to time sat therein when it
was necessary for me to do so. I have no
knowledge of the Court being adjournnd for want
of a constitutional quorum; nor do I believe that
any such adjournment ever took place. Of my
determination in relation to the Court of Appeals
I made no communication to my friend from
Kent; being apprehensive if I did so, that he
might have offered to alternate with me. I was
unwilling that he should have done so; being of
opinion that his services here were more valu-
able and important to the business of this Con-
vention than mine were. On one occasion, and
only one, when I visited the Court of Appeals at
about its hour of meeting, I found that it had ad-
journed a few minutes before; and fearing, that
my absence had caused its adjournment, I ex-
pressed my regret and asked why I had net been
sent for according to my request; when I was in-
formed that the court bad adjourned, not because
it was not in a condition to proceed with its busi-
ness; but because counsel had asked the indul-
gence, not being prepared to argue the case
which had been called up for argument.
Mr. BRENT, of Baltimore city, said that he
regarded the statement of the gentleman from
Anne Arundel County as calculated to impeach
the statement made by him the other day.
Mr. DORSEY explained that nothing wag fur-
ther from his intention, as he was sure the gen-
tleman from Baltimore fully believed his state-
ment to be correct.
Mr. BRENT resumed, that he did not suppose
that the gentleman meant to charge him, with
intentional mistatement. But until he was sat-
isfied he must believe and reaffirm that the busi-
ness of the Court of Appeals had been delayed
for want of a quorum. He doubted whether
Mr. DORSEY'S explanation would bear investiga-
tion. The solution of the matter I suppose to
be this, that as the cases were reached in their
order, there was no quorum, because one of the
three judges in attendance, was disabled from
sitting, owing to his having decided the case be-
low. In that condition of things there was no
Court to try the cases as the counsel came to
argue them under the rules of Court, but the
Court looking ahead on the docket and seeing a
remote case in which the three judges could sit,
would agree to take up that case out of its order,
but the counsel being of course unprepared to
argue that case the Court was compelled to ad-
journ over without any fault of counsel as inti-
mated by Mr. DORSEY, but really because there
was no quorum—so that Mr. B. regarded his

statement as correct, and that no such adjourn-
ment would have taken place but for the pres-
ence of two of the Judges in this Convention.
In making these remarks previously, he wish-
ed every one to observe that he had only done so
in answer to Mr. CHAMBERS' assertion that there
had been no delay, and he Mr. B. wished it to
be understood that there was no blame on the
judges who were out of the Convention. He had
written to his informant, and if he had done
injustice he would publicly acknowledge it.
The PRESIDENT, pro tem., announced the orders
of the day.
THE BILL OF RIGHTS.
The Convention proceeded to the consideration
of the Report of the Committee on the Declara-
tion of Rights.
The pending question was on the amendment
offered yesterday by Mr. DAVIS.
Mr. DAVIS was entitled to the floor.
Mr. CRISFIELD suggested that, as the gentle-
man from Montgomery (Mr. Davis) was indispo-
sed, and could not, therefore, proceed with his
remarks to-day, the Convention should take up
some other business.
Mr. SOLLERS alluded to the fact that a com-
mittee had been appointed to arrange the seats
is a certain quarter of the hall, and said, that as
time would be required for the purpose, he would
move that the Convention adjourn until twelve
o'clock: on Monday next.
But Mr. S. waived the motion to enable
Mr. GEORGE to give notice of his intention to
offer the following articles as amendments to the
Bill of Rights:
Art. 43. The amount of debts hereafter con-
tracted by the Legislature, shall never exceed
one hundred thousand dollars, except for the de-
fence of the State; unless such debt shall be au-
thorized by a law for the collection of an annual
lax or taxes, sufficient to pay the interest on such
debt as falls due, and also to discharge the prin-
cipal of such debt, within fifteen years from the
time of contracting the same, and the taxes laid
for the purpose shall never be repealed or applied.
to any other object, till the said debt and the in-
terest thereon shall be fully discharged.
Art. 44. The assent of two-thirds of the mem-
bers elected to each branch of the Legislature,
shall be requisite to every bill appropriating the
public money, or pledging the public faith, for
local or private purposes; and the Legislature
shall not have the power to make appropriations,
loans or subscriptions to any work of internal
Improvement.
The question then recurred and was taken on
the motion of Mr. SOLLERS, and, having been
decided in the affirmative,
The Convention adjourned until Monday morn-
ing at twelve o'clock.
MONDAY, February 10th, 1851.
The Convention met at twelve o'clock, in pur-
suance of the order of Saturday last.
Prayer was made by Rev. Mr. GRAUFF.



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 221   View pdf image
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