Negative—Messrs. Morgan, Hopwell, Randall,
Kent, Weems, Dalrymple, Merrick, How-
ard, Lloyd, Miller, Grason, George, Fooks,
Jacobs, Thomas, Gaither, Biser, Annan, Sap-
pington, Stephenson, Harbine, Michael New-
comer, Davis, Waters and Brown—25.
So the amendment was adopted.
Mr. GRASON moved to reconsider the vote of
the Convention just taken on the amendment
offered by Mr. Shriver and adopted by the Con-
vention.
In making the above motion,
Mr. G. said: A large majority of the Conven-
tion are disposed to continue the orphans' courts
as they are now established. The only question
before the Convention is whether they should
have three judges or one, I have had a great
deal of experience in the orphans' court from the
time I was twenty-one years of age. I am sat-
isfied that if you have but one judge of the or-
phans' court, you will have many decisions which
will beprejudicial to the persons whose business
is to be transacted before that tribunal. We
know that if there is but one judge, there may
be a collision with the parties who administer the
estate, who have the guardianship, or who have
claims against the estates of deceased persons.—
When there are three persons in the orphans'
court, each one is a check upon the others, and
it is impossible for any one to deviate from strict
justice, unless they all combine for the same
purpose It is also believed to be pretty well as-
certained that these gentlemen are to be elected
by the people. If you elect one man, you must
frequently have persons brought into the office
who will be totally unacquainted with the business
of the office. If you have three judges
you will be pretty sure to have always at least
one man accustomed to the business of the or-
phans court. It may be said that the same rule
applies to the county court; but it is very differ-
ent, became in the county court the jury decide
upon the facts, and there are always lawyers upon
both sides the orphans' court the judge de-
cides both law and facts, and the evidence is
exparte. Accounts may be passed by one judge
which never would be passed by three. My only
objection to the amendment of the gentleman
from Washington county, (Mr. M. Newcomer,)
is that it goes too much into detail. I think it
would he better to embrace the whole in a few
general terms, and I have prepared a substitute
which at a proper time I will offer as a substitute
for the proposition.
Mr. G. here lead the proposition subsequently
moved by him,
Mr. WEEMS demanded the yeas and nays, on
the motion to reconsider, which were ordered, and
being taken resulted ayes 27, noes 45, as follows:
Affirmative—Messrs. Morgan, Hopewell, Wells,
Randall, Kent, Weems, Merrick, Howard, Chand-
ler, Lloyd, Grason, George, Wright, Fooks,
Jacobs, Thomas, Johnson, Gaither, Biser, Annan,
Sappington, Stephenson, Harbine, Michael New-
comer, Davis, Waters and Brown—27.
Negative—Messrs. Chapman, Pres't, Ricaud,
Lee, Chambers, of Kent, Mitchell, Sellman, Dal- |
rymple, Jenifer, Buchanan, Bell, Welch, Ridgely,
Sherwood, of Talbot, John Dennis, Dashiell, Hod-
son, Eccleston, McLane, Bowie, Tuck, Sprigg,
McCubbin, Spencer, Dirickson, McMaster, Hearn,
Shriver, McHenry, Thawley, Gwinn, Brent, of
Baltimore city, Ware, Schley, Fiery, John New-
comer, Kilgour, Brewer, Anderson, Weber, Holli-
day, Slicer, Fitzpatrick, Smith, Parke and Show-
er—45.
So the Convention refused to reconsider,
The question then recurred on the adoption of
the substitute as offered by Mr. Michael Newcom-
er, and amended on the motion of Mr. Shriver.
Mr. Johnson moved further lo amend the sub-
stitute by adding at the end thereof, the following:
"And the said judges shall be paid at per diem
rate, for the days they are in session, which shall
to fixed by the legislature, and which shall be
paid by the said counties and city respectively."
Mr. J. said that ho was unwilling to vote for
any proposition that would make the salary of
the judge of the orphans' court equal in all the
counties of the State. Such a system would give
an equal salary to different judges, one of whom
performed perhaps ten or fifteen times as much
labor annually as the other.
Mr. SHRIVER demanded the yeas and nays,
which were ordered, and being taken resulted
ayes 41, noes 35, as follows:
Affirmative—Messrs. Chambers, of Kent, Mitch-
ell, Sellman, Howard, Buchanan, Bell, Welch,
Chandler, Rsdgely, Lloyd, Crisfield, Hodson, Ec-
cleston, Phelps, Greson, George, Wright, Jacobs,
Thomas, Shriver, Johnson, Biser, Annan, Sap-
pington, Stephenson, McHenry, Magraw, Gwinn,
Brent, of Baltimore city. Ware, Schley, Fiery,
Harbine, Brewes. Weber, Holliday, Slicer, Fitz-
patrick. Smith, Parke, Shower and Blown—41.
Negative—Messrs. Chapman, Pres't, Morgan,
Hopewell, Ricaud, Lee, Wells, Randall, Kent,
Weems, Dalrymple Merrick, Jenifer, Sherwood,
of Talbot, John Dennis, Dashiell, McLane,
Bowie, Tuck, Sprigg, McCubbin, Spencer, Di-
rickson, McMaster, Hearn, Fooks, Gaither, Thaw-
ley, Sherwood, of Baltimore city, Schley, John
Newcomer, Michael Newcomer, Davis, Kilgour,
Waters and Anderson—35.
So the amendment was adopted.
The question again recurred on the adoption of
the substitute as amended.
Mr. Graion moved to amend said substitute by
striking out the whole of that part offend by
Mr. Michael Newcomer, and inserting the follow-
ing:
"There shall be an orphans' court in every
county of the State and in the city of Baltimore,
which shall perform the duties of the present or-
phans' courts and such other duties as may be
prescribed by law, and shall consist of one mem-
ber, to be elected by the people at the same time,
in the same manner, and for the same term, and
to have the same age, residence, and citizenship
as the delegates to the General Assembly."
Mr. G. said: The only difference between this
proposition and that to which it is moved as a
substitute is, that mine is much more concise, and
for that reason will be, I think, preferable for an |
