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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 409   View pdf image
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409
preference claim, for the benefit of the most in-
teresting portion of society, and generally, will
be only a small deduction, from the claims of
Creditors who know that this claim would be
allowed, as against them, when they gave credit
to the former proprietor, in his life-time. You
therefore, do no wrong when you adopt such a
provision
If there can be any danger of wrong it is where
you give property to the living debtor and take
it from his creditors. Frauds too are most apt
to result from such a provision which a debtor
may at any time make for himself out of what
should be the means of his creditors. This does
not apply to the case of a deceased man's family.
Mr. MERRICK suggested that the proposition be
modified, so as to embrace "infants."
Mr. RANDALL said, he was willing to take that
modification which would render the proposition
stronger.
Mr. CRISFIELD moved to strike out the word
"additional."
Mr. C. thought this proposition was a more ob-
jectionable one. He read the proposition. The
Legislature must pass laws to give the widow ad-
ditional means. Already if she has no children,
the widow is entitled to one half of the personal
estate. If she has children she will have one
third. This proposition gives her and the infant
children a preference above all other persons.
If the benefit is to be conferred to infants, what
is to become of grown children. Surely it is
not intended by the mover of the amendment to
give to the families a larger proportion of means
than the law now provides. He would suggest
to the gentleman so to amend the proposition as
to leave it to the Legislature.
Mr, RANDALL referred to the act of Assembly,
granting $159 to widows, and after briefly defend-
ing his proposition, intimated his willingness to
accept the amendment.
Mr. CRISFIELD suggested a modification.
Mr. RANDALL modified his amendment, to
meet the views of Mr. CRISFIELD.
The question on the modified amendment of
Mr. RANDALL was taken, and the vote stood—
ayes 18, noes 36,
So the amendment was rejected.
Mr. RIDGELY called the previous question.
There was a second. And the main question
was ordered to be now taken; [which main ques-
tion wan, on the adoption of the substitute of
Mr. RIDGELY in place of the original proposi-
tion.]
Mr. RIDGELY asked the. yeas and nays, which
were ordered, and being taken, resulted as fol-
lows :
Affirmative— Messrs. Chapman, Pres't., Blakis-
tone, Hopewell, Lee, Weems, Bond, Bell, Ridge-
ly, Colston, James U. Dennis Crisfield, Dashiell,
Chambers of Cecil, Bowling, Grason, Shriver,
Gaither, Biser. Sappington, Stephenson, Thaw-
ley, Stewart of Caroline, Gwinn, Brent of Balti-
more city, Sherwood of Baltimore city, Schley,
Fiery, John Newcomer, Harbine, Michael New-
comer, Kilgour, Weber, Hollyday, Slicer, and
Smith--35.
52
Negative—Messrs. Dent, Chambers of Kent,
Mitchell, Donaldson, Dorsey, Wells, Randall,
Merrick, Jenifer, Buchanan, Welch, Hicks,
Phelps, Sprigg, Wright, McMaster, Hearn, Fooks,
Jacobs, Annan, Stewart of Baltimore city, and
Presstman—33.
So the substitute of Mr. RIDGELY was adopted
as the original proposition,
Mr, MITCHELL gave notice that he would,
when there should be a full Convention, move a
re-consideration of the vote just taken.
AN IMPRESSIVE SCENE.
It was now three o'clock, and the members of
the Convention, in various quarters of the Hall,
were giving strong evidences of a disposition lo
make a precipitate retreat into the open air.
Mr. MERRICK rose, and pointing in the most
solemn manner to the clock, said—
Mr. President and Gentlemen of the Convention:
[The earnest tone of invocation in which the
words were spoken, arrested the retreating move-
ment, and the PRESIDENT, calling the Convention
to order, and recognising the right of Mr. MER-
RICK to the floor said—
The gentleman from Charles will proceed with
his remarks.]
Mr. MERRICK continued. Sirs, I feel it to be
my duty to call the attention of this body to a
most grave and important subject—one which
has engaged the most devout attention of philosophers,
statesmen, and patriots, in all ages of
the world—whose interest has never flagged, and
whose influence upon the destinies of mankind
can scarcely be exaggerated. It is no less a mat-
ter than the necessity which, at this period of the
day, every gentleman feels and understands, of
recruiting the powers of weak, exhausted human
nature. [Laughter.] I move that this Conven-
tion do now adjourn. [Roars of laughter.]
And thereupon the Convention adjourned until
to-morrow at ten o'clock.
TUESDAY, March 4,1851.
The Convention met at ten o'clock.
Prayer was made by the Rev, Mr. GRAUFF.
The roll of the members was called.
No quorum was present.
The PRESIDENT sent the doorkeeper to notify
the absent members who were in the city, to at-
tend the Convention.
After the lapse of some time,
The doorkeeper returned and made his report
to (he Chair.
The PRESIDENT informed the Convention that
the doorkeeper had discharged the duty assigned
him.
Mr. MICHAEL NEWCOMER. I move that the
Sergeant-at-Arms be sent to bring in the absent
members who are in the city.
Mr. BOWIE. Oh! what is the use? They will.
be here presently.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 409   View pdf image
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