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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 402   View pdf image
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402
" In all cases where the head of a family shall
die or become insolvent owning a dwelling house
or homestead furniture in a dwelling house or
other property, not exceeding hundred dol-
lars, said house, homestead furniture or other
property shall be exempt from administration or
liability to creditors, but shall thereupon belong
in equal parts to the family of said deceased or
insolvent, and in the event that said dwelling
house, homestead furniture or other properly,
shall exceed the value of dollars, then there
shall be a preferred lien on the said property to
the amount of dollars, for the equal benefit of
his or her said family."
The amendment having been read,
Mr, BRENT said, the object of his amendment
was to exempt furniture or dwelling houses. It
seemed to him that this could be done effectually
in seven or eight lines in the Constitution, with-
out referring the matter to the legislature. He
thought the amendment would dispose of the
whole question.
Mr. JENIFER said, if he understood the amend-
ment it was confined exclusively to persons own-
ing houses or furniture. To supply the defect
which, he thought, existed in the amendment,
he offered an amendment to this effect:
" Or other property owned by the decedent at
the time of his death,"
Mr. BRENT, of Baltimore city. I accept the
Modification.
The PRESIDENT, Does the gentleman from
Baltimore city, (Mr. Brent,) move to fill the
blank with any particular sum?
Mr. BRENT. Not now, sir.
The PRESIDENT. It will be too late when the
question has been taken.
Mr. BRENT. I move to fill the blank with five
hundred dollars.
Mr. HEARN rose to a question of order. He
was understood to enquire whether this was not
essentially the same proposition which had been
already voted down. If so, he submitted that it
was not in order,
The PRESIDENT. The Chair thinks the pro-
position is different from that which has been
already voted down, and that it is in order.
The question then recurred and was taken on
the motion of Mr. BRENT, of Baltimore city, to
fill the blank with $500.
But no quorum voted.
Mr. SCHLEY. I would like to hear the whole
proposition read; [and it was read.]
The question was then again taken on the mo-
tion to fill the blank with $500— and by yeas 24,
noes 31, it was rejected.
Mr. JOHN NEWCOMER moved to fill the blank
with $300.
Mr. HICKS, I move to fill the blank with
$2000.
The question was taken first on the highest
number.
Mr. SCHLEY asked the yeas and nays which
were ordered, and being taken, resulted as fol-
lows:
Affirmative— Messrs. Chambers of Kent, Bond,
Crisfield, Hicks, Phelps, Hearn, Fooks, and
Gaither— 8.
Negative—Messrs. Chapman, Pres't., Blakis-
tone, Dent, Hopewell, Lee, Mitchell, Donaldson
Dorsey, Wells, Weems, Jenifer, Buchanan, Bell
Ridgely, Colston, James U. Dennis, Dashiell
Constable, Chambers of Cecil, McLane, Sprigg
Bowling, Grason, Wright, McMaster, Jacobs
Shriver, Biser, Annan, Sappington, Stephenson
Thawley, Stewart of Caroline, Hardcastle, Gwinn
Stewart, of Baltimore city, Brent of Baltimore
city, Sherwood of Baltimore city, Presstman, Ware,
Schley, Fiery, John Newcomer, Harbine, Mi-
chael Newcomer, Kilgour, Weber, Hollyday,
Slicer, and Smith—49.
So the Convention refuged to fill the blank with
$2000.
Mr. WEEMS moved to fill it with $600.
Mr. CRISFIELD asked the yeas and nays.
Mr. WARE moved that the whole subject mat-
ter be laid upon the table,
Mr. BRENT, of Baltimore city, asked the yeas
and nays; [which were ordered.]
Mr. CRISFIELD (to the Chair.) To what does
the motion to lay on the table apply?
The PRESIDENT. To the whole proposition of
the gentleman from Baltimore city, (Mr. Brent.)
Mr. CRISFIELD. Very well. If that is the
case, I am ready to vote for the motion.
The question, "shall the subject matter be laid
upon the table," was then taken, and resulted as
follows:
Affirmative—Messrs Chapman, Pres't.. Cham-
bers, of Kent, Mitchell, Donaldson, Dorsey,
Wells. Buchanan, Colston, James U. Dennis,
Crisfield, Dashiell, Hicks, Phelps, Grason,
Wright, McMaster, Hearn Fooks, Jacobs, Gaith-
er, Sappington, Stephenson, Thawley, Hardcas-
tle, Stewart of Baltimore city, Sherwood of Baltimore
city, and Ware—27.
Negative—Messrs. Blakistone, Dent, Hopewell,
Lee, Weems, Bond, Merrick, Jenifer, Bell,
Ridgely, Constable, Chambers of Cecil, McLane,
Bowling, Shriver, Biser, Annan, Stewart of Caro-
line, Gwinn, Brent of Baltimore city, Presstman,
Schley, Fiery, John Newcomer, Harbine, Mi-
chael Newcomer, Kilgour, Weber, Hollyday,
Slicer, and Smith—31.
So the Convention decided that the subject
matter should not be laid upon the table.
The question then recurred on the motion of
Mr. WEEMS, to fill the blank with $600.
Mr. THAWLEY moved $50.
The motion of Mr. WEEMS was rejected.
The question then recurred on the motion of
Mr. JOHN NEWCOMER to fill the blank with $300.
Mr. N. asked the yeas and nays, which were
refused.
And the question being taken, the vote stood—
ayes 24; noes 22.
No quorum voting.
Mr. BRENT, of Baltimore city, asked the yeas
and nays which were ordered, and being taken,
resulted as follows;
Affirmative—Messrs. Chapman, Pres't., Blakis-
tone, Dent, Hopewell, Weems, Bond, Merrick,
Jenifer, Bell, Ridgely, James U. Dennis, Con-
stable, Chambers of Cecil, McLane, Sprigg,


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 402   View pdf image
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