The thirty-second section of the report was
read, and no amendment having been offered
thereto, was adopted, as follows :
Sec. 36th No person who may hereafter be a
collector, receiver or holder of public moneys,
shall have a seat in either House of the General
Assembly or be eligible to any office of profit or
trust under this State, until he shall have account-
ed for and paid into the Treasury all sums for
which he may be liable.
The thirty-seventh section of the report was
read, as follows:
Sec. 37th. All laws and parts of laws not in-
consistent with this Constitution, shall continue
in force according to their respective provisions,
subject, neverthless, to be altered, amended or
repealed by the General Assembly.
Mr. CHAMBERS, of Kent, suggested the proprie-
ty of striking out the last part of the section.
Mr. DORSEY objected to the motion.
Mr. THOMAS suggested that the whole section
be stricken out.
Some conversation followed between Messrs.
CHAMBERS, of Kent, THOMAS and DORSEY, when
Mr. PRESSTMAN, following the suggestion of
Mr. THOMAS, moved to strike out the section.
Mr. CHAMBERS, of Kent, accepted the motion
as a modification of his own proposition.
Mr. DORSEY insisted on the propriety of re-
taining the section, but moved to amend it by ad-
ding at the end thereof the following proviso :
" Provided such amendment, alteration or re-
peal be not inconsistent with the fundamental
principles of natural justice and right, or the
provisions of the constitution of the United States,
or of the State of Maryland."
The amendment of Mr. DORSEY was rejected.
And the motion of Mr. PRESSTMAN was agreed
to.
So the section was stricken out.
Mr, PHELPS then moved to amend said report
by inserting as the thirty-seventh section, the fol-
lowing :
Sec. 37th. Any citizen of this State who shall,
after the adoption of this Constitution, fight a
duel with deadly weapons, or send or accept a
challenge to fight a duel with deadly weapons,
either in or out of the State, or who shall act as
second, or knowingly aid or assist in any manner
those offending, shall be deprived of holding any
office of trust, or profit under this State."
Mr. PHELPS asked the yeas and nays, which
were ordered, and being taken, resulted as fol-
lows :
Affirmative.—Messrs. Chapman, Pres't, Dent,
Lee, Chambers, of Kent, Donaldson, Randall
Kent, Bell, Ridgely, James U. Dennis, Crisfield,
Dashiell, Phelps, McMaster, Hearn, Fooks, Shri-
ver, Gaither, Biser, Stephenson, Thawley, Hard-
castle, Sherwood, of Baltimore city, Ware, Fie-
ry, Neill, John Newcomer, Harbine, Michael
Newcomer, Davis, Weber and Slicer—33.
Negative—Messrs. Blakistone, Hopewell, Ri-
caud, Mitchell, Dorsey, Wells, Weems, Bond,
Merrick, Buchanan, Welch, Lloyd, Colston, Con- |
stable, Chambers, of Cecil, Bowie, Grason,
Wright, Thomas, Sappington, McHenry, Gwinn,
Brent, of Baltimore city, Presstman, Kilgour and
Hollyday—29.
So the amendment was agreed to.
Mr. PHELPS moved further to amend said re-
port, by inserting as the thirty-eighth section
thereof, the following:
" Sec 38th. No lottery grant shall ever here-
after be authorised by the Legislature of this
State,"
The amendment was adopted.
Mr. PHELPS moved further to amend said re-
port by inserting as the thirty-ninth section of
said report, the following :
" Sec. 39th. All property, both real and per-
sonal, of the wife, owned or claimed by her before
marriage, and that acquired by gift, devise, or
descent, shall he her separate property, and laws
shall be passed by the Legislature, more clearly
defining the rights of the wife in relation to her
separate property."
This amendment, as originally offered, was
modified on the suggestion of
Mr. HARBINE, who thought that the words "or
claimed," should be stricken out.
Mr. PHELPS accepted the modification.
The question was taken and the article was
adopted.
Mr. DORSEY moved a reconsideration of the
vote adopting the said last amendment.
The motion to reconsider was briefly spoken
to by Messrs. CHAMBERS, of Kent, PRESSTMAN,
DONALDSON, MITCHELL, RANDALL and PHELPS,
when
The question was taken and the motion to re-
consider was agreed to.
Mr. CRISFIELD moved to strike out the whole
of the said section and insert the following:
" The General Assembly shall pass laws ne-
cessary to protect the property of the wife from
the debts of the husband during her life, and for
securing the same to her issue after her death."
Mr. PHELPS modified his original proposition
in accordance with the suggestion of Mr. CRIS-
FIELD.
And the amendment of Mr. PHELPS, as thus
modified, was agreed to.
Mr. GWINN now renewed the proposition here-
tofore offered, but withdrawn by him, in the following
words:
"The Mayor and city Council of Baltimore
shall have the exclusive right to open and close
all streets, lanes and alleys within the limits of
the said city; but nothing in this section shall be
construed to prevent the Legislature from pas-
sing any general Jaw directing the process which
shall be Lad in such cases, or from prescribing a
general rule of compensation to the parlies who
may be injured thereby."
Mr. GWINN explained the object and effect of
the amendment,
Mr. BELL moved to amend said amendment by
adding at the end thereof the following proviso:
" Provided, that all persons in the city petition-
ing for opening or closing such streets, lanes or
alleys, shall pay all the expenses that may accrue
for the same." |
