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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 450   View pdf image
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450
are sufficient within the space of seven years, to
satisfy or pay such judgment or other liens."
Mr. CHAMBERS renewed the motion which he
gave on the seventh of February, that he should,
on Monday week, move to reconsider the vote of
the Convention on the amendment offered by Mr.
DORSEY, and adopted by the Convention, as an
amendment to the thirty-third article.
On the day on which the bill should be taken
up, Mr. C. said, he proposed to press the ques-
tion.
Mr. CRISFIELD said, he rose to give notice of
his intention to move a reconsideration of the
vole just taken, to abolish imprisonment for
debt, with the view of amending and perfect-
ing that measure. Imprisonment for debt in this
State was already nearly nominal, and rarely
existed practically, except with the consent of
the debtor, or in cases of frauds; but if the peo-
ple desired to abolish it entirely, he was willing.
He wished, however, to throw such guards about
the abolition, as were necessary, to prevent
frauds, and secure the honest appropriation of
all the debtors property for the payment of his
creditors. With that view he should move a re-
consideration at the proper time. His purpose
was not to defeat the abolition of imprisonment
for debt; but in relieving debtors wished the
rights of creditors to be protected.
Mr. PRESSTMAN said that when the propo-
sition for the abolition of imprisonment for debt
was originally introduced by him from the legis-
lative committee, he did not suppose that if the
principle was recognized, it would, in any man-
ner, prevent any gentleman from proposing ad-
ditional sections, looking to the punishment of
frauds in the subject matter of the contract, or
in providing any change or alteration in the pre-
sent system of insolvency, to meet the altered
alate of things, whereby the assets of insolvents
might be distributed. But why, sir. is there any
necessity for the reconsideration of the naked
principle which this Convention has adopted by a
vote so decisive, as any abandonment of the
position is hardly to be expected. The gentle-
man from Somerset, (Mr. Crisfield,) may now,
or at any time, propose to engraft upon the Constitution
provisions controlling the whole subject,
or requiring that the Legislature shall, at their
first session the adoption of the new Constitution,
enact such laws as will carry out his gene-
ral design, which he, (Mr. P.,) understood not to
be, in any degree, hostile to the general princi-
ple, except so far as to meet cases of fraud. It
would be almost impossible in a Constitution, to
define specifically what should be deemed fraud
This was a work of detail and ought properly to
be left to the wisdom of the Legislature.
Mr, CHAMBERS moved a reconsideration. He
had voted with the minority, against adopting
the provision in its present unqualified and unconditional
form. It might be very proper to
adopt the principle of the provision, but it re
quired guards and modifications, which could
not be enacted by the Legislature under the
broad and sweeping terms of the article as now
adopted. In fact, there could not be said to exist,
at this time, in our State, such a thing as in
voluntary imprisonment for debt, except where
fraud was established; and in that case he did
nut think it wise to dispense with it. Having
been denied the opportunity of assigning his rea-
son, previously to the vote, he had moved the re-
comsideration to enable him to do so in the fewest
words possible and now withdrew his motion.
The PRESIDENT, pro tem , (Mr. Spencer,) stated
that all this debate had been out of order.
Some conversation followed.
Mr. BOWIE, (lor the purpose of making an ex-
planation,) moved that the Convention reconsider
the vote on the motion postponing the consideration
of the legislative report.
Mr. BOWIE thought there was no occasion for
a reconsideration of the vote just taken on the
abolishment of imprisonment for debt. He
could not see the necessity fur any amendment.
He rejoiced that such a provision had been en-
grafted in the Constitution, and he hoped the
friends of the measure would not place it in jeo-
pardy by consenting to a re-consideration. It is
said that he provision is too general in its terms,
and that some limitations might be inserted which
would provide against the perpetration of fraud
by dishonest debtors; but he thought. that such
limitations would be altogether out of place, if
inserted in the Constitution. Such was nut the
case in those States where imprisonment for debt
had been abolished. The general principle alone
was inserted in their Constitution. The Constitu-
tion ought nut to be encumbered with such matters
of detail as was contemplated by the motion of the
gentleman from Somerset, (Mr. Crisfield.) it
was competent, at all times for the Legislature
to provide by law for the punishment of frauds.
They are as fully competent to perform this task,
as the Convention would be, and he thought it
much more proper that they should do it. Let
the broad principle be inserted in the Constitu-
tion, and we shall then have discharged our duty;
and let us leave it to the Legislature to make all
necessary rules to guard against frauds. He hoped,
therefore, that the provision would stand as it
now is, and that no re-consideration of it would
prevail.
Mr. BOWIE then withdrew the motion.
Mr. JENIFER, by unanimous consent, made the
following report from committee No. 14 :
Art, 1. No person holding an office or appoint-
ment under the Constitution or laws of this
State, (mere members of the legal profession not
being regarded as such office-holder,) no mem-
ber of the General Assembly of Maryland, no
person holding any office or appointment there-
under, or under either branch thereof shall un-
der any promise or expectation of a fee, reward,
or compensation of any nature or kind, for so
doing, advocate before the General Assembly or
either branch thereof, or any member of the
same a claim of any other person, against the
State; or with such legislative body, or any of its
members, use advise, recommendation, or per-
suasion for the allowance or payment of any such
claim, or the adoption of any legislative action
for that purpose; and any person herein offending
shall be guilty of a high misdemeanor, and
on conviction thereof, on indictment in a court


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 450   View pdf image
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