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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 447   View pdf image
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447
This was taken possession of by my colleague,
I am happy that he had the opportunity of doing
so. it was also adopted.
The next provision gave power to the legisla-
ture to project by law from forced sale, a certain
portion of the property of all heads of families.
This principle was adopted on the suggestion of
the gentleman from Baltimore county, although I,
myself, changed my mind and voted against it.
The only remaining proposition is in these
words:
" No person shall be imprisoned for debt."
I should be glad if I bad been saved the trouble
of offering this provision also. It becomes my
duty, however, (no member of the Convention
having been kind enough to come to my relief,)
to ask the attention of the Convention to it. As
we all know, it involves a very important princi-
ple; still I do not believe that there is any neces-
sity for a protracted discussion upon it. I am
sure, that gentlemen, whether in favor of the ab-
olition of imprisonment for debt, or opposed to
it, will scarcely be influenced by any discussion
here.
They have formed their opinions deliberately,
It is not probable that debate will change them.
I am satisfied that a majority of the members of
this body, are fatigued with the long and almost
uninterrupted discussion which has taken place;
and that they will not desire to extend it, at all
events, on a subject which is so well understood.
I hope, therefore, that the proposition may be
put to the vote. As the report emanates from
myself, I cannot call the previous question. It
would not be courteous in me to do so. I can only
express the hope that the Convention will feel
disposed to take the question up with as little de-
lay as possible.
The PRESIDENT then stated the question to be
on the adoption of the section, reported by Mr.
PRESSTMAN, as an additional article to the re-
port of the committee on the legislative depart-
ment.
Mr. JENIFER said he had no desire to steal the
thunder of his friend from Baltimore city upon
this question of master and slave, and it was to
prevent such proceeding by others that he, (Mr
J.,) had the proposition returned to the commit-
tee No. 14, and also, he, (Mr. J.,) as chairman
of that committee, was prepared to report an ar-
ticle on that subject, in which the committee was
unanimously agreed. Yet, to ensure a unani-
mous vote in the House, it was agreed to adopt
the proposition of the gentleman from Baltimore
city, believing, that by so doing, no objection
would come from that section of the State, which
otherwise might be apprehended.
Mr. PRESSTMAN asked if his friend from Charles
believed him to be doubtful on this subject;
Mr. J. replied that his friend from Baltimore
city was too sincere and honorable to be distrust-
ed upon any question.
Mr, BOWIE said that he disclaimed the credit
which his friend from Charles, (Mr. Jenifer,)
had given to him in reference to that section of
the Constitution which deprives the Legislature
of the power to abolish the relation of master and
slave in this State. He was as perfectly willing
to accord to his friend from Baltimore city, (Mr.
Presstman,) the credit of having first offered this
provision of the Constitution, and coming, as it
did, from that portion of the State which had
been supposed to be rather unfriendly to the in-
stitution of slavery, he, (Mr. B.) hailed it, at the
time, as a harbinger of peace and security to the
people of this State on a subject of the deepest
and most vital importance to them. When his
friend, the gentleman from Charles, (Mr, Jeni-
fer,) moved to take up the report of the commit-
tee on that subject, of which he was chairman,
and asked the Convention to proceed at once to a
consideration of it; he, (Mr. B.,) prefering infi-
nitely the proposition of the gentleman from Bal-
timore city, to the report of the committee, was
anxiously expecting that gentleman to move it
as a substitute for the report of the committee ;
but the gentleman from Baltimore city did not
do so, and the Convention were about to adopt
the article as it was reported from the commit-
tee. At this stage of the proceedings, he, (Mr.
B.,) availed himself of the opportunity of adopt-
ing the proposition of his friend from Baltimore
city, (Mr. Presstman,) and moved it as a substi-
tute for the report. It was subsequently accept-
ed by the committee and adopted by a unanimous
vote of the Convention. This, said Mr. B., was
the history of the matter, and he was quite wil-
ling that the gentleman from Baltimore city, (Mr.
Presstman,) should have all the credit of the
movement.
Mr. SCHLEY said, that, as the gentleman from
Baltimore city, (Mr, Presstman,) was appropria-
ting to himself the credit of all these subject-matters,
it was right and proper that the " honors,"
which were about to be dealt out, should be fairly
distributed.
Mr. S. then referred to the journals to show
that the first notice of a proposition relative to
the codification of the laws, was submitted by
Mr. FIERY.
In relation to the rights of married women—
Mr. PRESSTMAN, (interposing ) There are no
married women in my report, air. [Laughter.]
Mr. SCHLEY, nodding a good-humored acqui-
escence, took his seat.
The question then recurred on the adoption of
the section abolishing imprisonment for debt.
Mr. DENT demanded the previous question.
There was a second,
And the main question was ordered to be ta-
ken.
The yeas and nays were demanded by a dozen
voices,
And were ordered.
And the main question, [on the adoption of the
report,] was ordered,
And having been taken, resulted as follows:
Affirmative—Messrs. Chapman, Pres't, Blakis-
tone, Dent, Hopewell, Ricaud, Lee, Wells, Ran-
dall, Sellman, Weems, Dalrymple, Bond, Jeni-
fer, Bell, Welch, Ridgely, Lloyd, Colston, Da-
shiell, Hicks, Hodson, Goldsborough, Eccleston,
Chambers, of Cecil, McCullough, Miller, Bowie,
Sprigg, McCubbin, Bowling, Spencer, Grason,
George, Thomas, Shriver, Gaither. Biser, An-
nan, Sappington, Stephenson, McHenry, Thaw-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 447   View pdf image
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