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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 410   View pdf image
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410
Mr. MICHAEL NEWCOMER. I adhere to my
motion.
The PRESIDENT put the question on the mo-
tion.
Fifteen members not voting in favor thereof,
(as required by the rule) the Convention refused
to send the Sergeant-at-Arms to bring in the ab-
sent members.
A pause followed.
Mr. WEBER then moved that there be a call
of the Convention.
The call was ordered.
The roll of the members was then called,
And the names of the absentees were again
called.
The PRESIDENT announced that a quorum was
now in attendance.
The jouranl of yesterday was then read.
On motion of Mr. FIERY,
It was so amended, as to state the fact, that
the motion lay on the table the amendment of
Mr. BRENT, of Baltimore city, in relation to the
homstead exemptions, was made by Mr. WARE,
and not by Mr. FIERY, as erroneously stated.
And then the journal was approved.
EXEMPTION FROM EXECUTION.
Mr. RIDGELY moved a reconsideration of the
vote, by which the following proposition offered
by himself, had yesterday been adopted:
Laws shall be passed by the legislature to
protect from exemption, a reasonable amount of
property of a debtor."
It has occurred to me, (said Mr. Ridgely.) upon
reflection that the word "reasonable" amount, is a
very indefinite term. The legislature would be
under no restraint whatever in fixing the amount
to be exempted under this provision. If the mo-
tion to reconsider should be agreed to, I shall
propose to amend the article by inserting the
words, "not exceeding in value the sum of five
hundred dollars."
He designaled this as a limitation upon the
legislature, beyond which they shall not go,
Mr. WELLS desired to call the attention of the
gentleman from Baltimore county, (Mr. Ridge-
ly,) to the fact, that the gentleman from Kent.
(Mr. Mitchell) had yesterday given notice of
his intention to move a reconsideration of the
vote; that gentleman was not now in his seat.
He, (Mr. W.,) would suggest to the gentleman
from Baltimore county, (Mr. Ridgely,) that it
would be better to waive the motion until the
gentleman should be present.
Mr. RIDGELY said, he had no objection. If
the House should agree to reconsider, he would
then offer his amendment, and it could lie on the
table for the prevent.
Mr. DORSEY enquired of the gentleman from
Baltimore county, (Mr. Ridgely,) what ha pro-
posed to do with the fund—leave it in the hands
of the debtor, or what disposition would he make
of it;
Mr. RIDGELY. I leave that matter in the
hands of the legislature.
The question was then taken,
"Will the Convention reconsider the said
vote?"
No quorum voted.
Mr. WARE asked the yeas and nays,
Which were ordered, and
Being taken, resulted as follows:
Affirmative—Messrs. Chapman, President, Bla-
kistone, Dent, Hopewell. Ricaud, Weems, Buchanan,
Bell. Welch, Ridgely, Lloyd, Colston,
James U. Dennis, Dashiell, Chambers of Cecil,
Miller, McLane, Grason, Wright, Shriver,
Annan, Ware, Schley, Fiery, Neill, John New-
comer, Harbine, Michael Newcomer, Weber,
Hollyday, Shower, Cockey and Brown—34.
Negative—Messrs. Lee, Chambers of Kent,
Donaldson, Dorsey, Wells, Jenifer, Hicks,
Bowie, Sprigg, McMaster, Hearn, Fooks, Biser,
Sappington, Stephenson, Thawley, Stewart of
Caroline, Hardcastle, Gwinn, Stewart of Balti-
more city, Brent of Baltimore city, Presstman,
Slicer and Smith—25.
So the vote was reconsidered.
Mr. MITCHELL now being in his seat—
Mr. RIDGELY moved to amend the said amend-
ment by adding at the end thereof, the words:.
"Not exceeding in value the sum of five hun-
dred dollars."
Mr. HOLLYDAY moved to strike out "five" and
insert, "three" hundred.
The question was taken, and
The amendment was rejected.
Mr. HICKS moved to strike out "five hundred,"
and insert "one thousand" dollars,
Mr MITCHELL. I regret very much that this
question has been brought up to-day. I gave
notice yesterday of my intention to move a re-
consideration of the vote, when the Convention
should be full. As things are now, we may go
on voting upon sums of two hundred, and five
hundred, and one thousand—and nothing will be
decided. ,
The question was stated to be on the amend-
ment of Mr, HICKS.
Mr. HICKS asked the yeas and nays;
Which were refused.
The question was then taken, and
The amendment of Mr. HICKS was rejected.
Mr. THAWLEY moved to strike out "five hun-
dred," and insert ''one hundred.''
Mr. STEPHENSON called a division of the
question, on striking out;
Which was ordered.
Mr. PRESSTMAN desired to offer a substi-
tute.
The proposition was not now in order.
Mr, JOHN NEWCOMER desired to offer an
amendment.
The PRESIDENT said, it was not in order at this
time.
Mr. JOHN NEWCOMER. The gentleman from
Baltimore county, (Mr. Ridgely,) has fixed the
maximum limit, of five hundred dollars. I desire
to have a minimum limit, and I will say one hun-
dred dollars, I give notice of my intention to of-
fer this amendment, when it is in order.
The question was taken on the motion to strike
out, and
Was decided in the negative.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 410   View pdf image
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