Mr. RIDGELY moved to postpone the considera-
tion of said section and amendment, (with & view
to its more mature consideration.)
Determined in the affirmative.
Mr. FITZPATRICK moved to amend said report
by adding at the end thereof, as an additional
section, the following:
"Sec. 41st. The Legislature shall, at the se-
cond session after the adoption of this constitu-
tion, provide by law for exempting from execu-
tion not more than five hundred dollars worth of
the household furniture, or other property be-
longing to each family in this State."
Pending the question on this amendment,
The Convention adjourned until Monday morn-
ing at 10 o'clock.
MONDAY, March 3,1851.
The Convention met at ten o'clock.
Prayer by the Rev. Mr. GRAUFF.
The journal of Saturday was read.
THE LEGISLATIVE DEPARTMENT.
The Convention resumed the consideration of
the special order of the day, being the report of
the committee on the .legislative department of
the government.
HOMESTEAD EXEMPTION.
The pending question was on the following
amendment, offered on Saturday last by Mr.
FITZPATRICK, as an additional section to the re-
port:
"Sec. 41st. The Legislature shall at the sec-
ond session after the adoption of this Constitu-
tion provide by law for exempting from execution
not more than five hundred dollars worth of the
household furniture, or other property belonging
to each family in this State.",
Mr. STEWART, of Caroline, moved to amend
said amendment, by striking out the word "five,"
and inserting in lieu thereof seven."
Mr. PRESSTMAN said, he did not see the gentle-
man from Allegany, (Mr. Fitzpatrick,) who
had offered the amendment, in his seat. Per-
haps, it would be well that the amendment should
be passed over informally for the present.
Mr. WEBER said, his colleague, (Mr. Fitzpat-
rick, ) had no desire that the proposition should
be passed over, in consequence of his absence.
Mr. MITCHELL said, it struck him, that if this
proposition was agreed to, it would be impossible
for a poor man to get any credit; and credit was
as necessary as money to a poor man—in fact,
more so. He was in favor, as every man who
knew him would testify, of doing all he could for
the poor. But if the sum of live hundred dollars
should be exempted—if he was only worth that
sum or less, who would take his note? No one—
because he would have no sort of guaranty for
the payment. Upon this ground, and upon no
other, he should oppose the proposition. |
Mr. McMASTER. To carry out the view of
the gentleman from Kent, (Mr. Mitchell,) 1
move to strike out "five" hundred, and insert
"one" hundred.
Mr. SHRIVER. I call for a division of the
question.
Which was ordered.
The motion to strike out was rejected,
Mr. HARBINE desired to enquire of the gentle-
man from Caroline, (Mr. Stewart.) whether his
amendment made it obligatory on the legislature
to exempt from execution, seven hundred dollars
worth of property. The original proposition was
that any sum not exceeding five hundred dollars
should be exempted.
Now, if he understood the proposition of the
gentleman from Caroline, (Mr. Stewart,) it made
it obligatory on the legislature to exempt seven
hundred dollars. He, [Mr. H.,] thought that
this matter ought to be left to the legislature.
Without any such provision, the legislature had
the right and the power to exempt property from
execution. The fact that they did not do it, ren-
dered it probable, that they did not think it re-
quisite that it should be done. He thought that
the original proposition was the best.
Mr. STEWART, of Caroline, said, that the ob-
jection which he had to the section as it now
stood, was that it left the matter vacillating and
uncertain. One year $200 might be exempted—
another year $300—and so on. It would be a
constant subject of change and discussion. If
any thing was to be done, he thought that the
amount ought to be fixed, and that the Legisla-
ture should have no power to change it. What-
ever the amount was it should be certain.
As to the objection of the gentleman from
Kent, (Mr. Mitchell,) it was true that a poor
roan might not under this article obtain any more
credit than if he had nothing, but he would cer-
tainly be so much better on. By this amend-
ment, this amount would be secured to the party
and his family.
Mr WRIGHT (very imperfectly heard by the
reporter,) was understood to express his concur-
rence in the views expressed by the gentleman
from Kent, (Mr. Mitchell,) and he, (Mr. W.,)
trusted that the Convention would not fix upon
any sum to be exempted.
He referred to an act. which had heretofore
been passed by the Legislature, exempting pro-
perty from execution to the amount of $50. The
law created much feeling all over the State of
Maryland, and petitions flowed in from all quar-
ters, and that familise were left houseless and
unprovided for, because no one would trust them;
and that they were prevented from obtaining
credit by the very steps which the Legislature
had taken for their protection. He hoped that
the views of the gentleman from Kent, (Mr.
Mitchell,) would be carried out—that no steps
would be taken: but that the whole matter would
be left to the Legislature to make such provision
as the exigencies of the time might call for.
Mr. MITCHELL said, he understood perfectly
the object his friend from Caroline, (Mr. Stew-
art,) had in view. It was to benefit the poorer
class of our citizens. But his friend was mista- |
