to prevent the expenses under the new system
from rising above what they have hitherto been.
Mr. WEEMS gave notice, that at the proper
time, he would move an amendment to fix the
per diem allowance of the judges of the orphans'
courts.
Mr. BROWN demanded the yeas and nays,
which were ordered, and being taken, resulted—
ayes 22, noes 49—as follows:
Affirmative—Messrs. Morgan, Hopewell, Ri-
caud, Weems, Howard, Bell, Chandler, Lloyd,
Sherwood, of Talbot, Sprigg, McCubbin, Jacobs,
Stephenson, Nelson, Fiery, Michael Newcomer,
Davis, Brewer, Waters, Parke, Shower and
Brown—22.
Negative— Chapman, Pres't, Lee, Chambers,
of Kent, Mitchell, Donaldson, Wells, Randall,
Kent, Dalrymple, Merrick, Jenifer, Buchanan,
Ridgely, John Dennis, Crisfield, Dashiell, Hod-
son, Eccleston, Phelps, McCullough, Miller, Mc-
Lane, Bowie, Tuck, Spencer, George, Wright,
Dirickson, McMaster, Fooks, Thomas, Johnson,
Biser, Annan, Sappington, McHenry, Thawley,
Gwinn, Sherwood, of Balt. city, Schley, John
Newcomer, Harbine, Anderson, Weber, Holli-
day, Slicer, Fitzpatrick and Smith—49.
So the amendment was rejected.
Mr. BOWIE then offered, as a substitute for the
amendment and substitute, the following:
"There shall be an orphans' court in each
county of the state, to consist of one judge, who
shall be elected by a plurality vote of the quali-
fied voters of the said counties. He shall have,
use and exercise, within the limits of the said
counties respectively, the jurisdiction which the
judges of the orphans' courts of this state now
have, and also the same chancery jurisdiction
which the chancellor of this state or the present
county courts as courts of equity now have. He
shall hold his office for the term of six years,
and shall have the same qualifications as are
required for the judges of the county or circuit
courts as prescribed by this constitution. His
salary shall be twelve hundred dollars per an-
num, the one half of which shall be paid by the
said counties respectively, and the other half
from the state treasury.
On motion, the Convention then adjourned
until to-morrow morning, 9 o'clock.
SATURDAY, April 26,1851.
The Convention met at 9 o'clock.
Prayer was made by the Rev. Mr. Graff.
The roll of the members was called.
A quorum was present.
And the journal of yesterday was read.
Mr. BUCHANAN submitted the following reso-
lution:
Resolved, That the pages of this Convention
be entitled to the sum of one dollar and fifty
cents instead of one dollar, as they are good
boys.
Which was read. |
Mr. MICHAEL NEWCOMER demanded the yeas
and nays, which being ordered and taken, re-
sulted as follows:
Affirmative—Messrs. Morgan, Ricaud, Mitchell,
Wells, Dalrymple, Buchanan, Bell, Welch,
Ridgely, John Dennis, Crisfield, Hodson, Eccleston,
Phelps, Chambers, of Cecil, McCul-
lough, McLane, Bowie, Tuck, Sprigg, McCub-
bin, Spencer, Grason, George, Fooks, Jacobs,
Thomas, Johnson, Biser, Annan, Sappington,
Magraw, Gwinn, Schley and Fiery—35.
Negative—Messrs. Lee, Sellman, Lloyd, Sher-
wood, of Talbot, Dashiell, Miller, Wright, Di-
rickson, McMaster, Hearn, Gaither, Thawley,
Ware, Neill, John Newcomer, Harbine, Mi-
chael Newcomer, Davis, Brewer, Weber, Holli-
day, Slicer, Fitzpatrick, Parke and Brown—25.
So the order was adopted.
REPORT OF THE COMMITTEE ON THE JUDICIARY.
The Convention then resumed the considera-
tion of the order of the day, being the report
submitted by Mr. Bowie, chairman of the Com-
mittee on the Judiciary.
The question pending before the Convention
on yesterday, being on the substitute offered by
Mr. Bowie, for the amendment offered by Mr.
Jenifer, and the substitute as amended, offered
by Mr. Michael Newcomer.
On motion of Mr. BOWIE,
The Convention was called, and the door-
keeper sent for the absent members.
Mr, GWINN moved to suspend further pro-
ceedings under the call.
Determined in the negative.
Mr. GWINN after a short time had elapsed,
renewed his motion to suspend further proceed-
ings under the call.
Mr. SPRIGG demanded the yeas and nays;
which being ordered and taken, resulted as fol-
lows:
Affirmative.—Messrs. Chambers, of Kent,
Donaldson, Wells, Randall, Kent, Sellman,
Weems, Brent, of Charles, Howard, Buchanan,
Bell, Welch, Chandler, Lloyd, Sherwood, of
Talbot, Hodson, Phelps, Chambers, of Cecil,
McLane, Spencer, Grason, George, Dirickson,
Hearn, Thomas, Johnson, Biser, Annan, Sap-
pington, Thawley, Gwinn, Sherwood, of Balti-
more city, Ware, Fiery, Neill, John Newcomer,
Harbine, Michael Newcomer, Weber, Fitz-
patrick, Parke and Brown—42.
Negative—Messrs. Chapman, Pres't, Morgan,
Ricaud, Lee, Mitchell, Dalrymple, John Den-
nis, Dashiell, Miller, Bowie, Tuck, Sprigg,
McCubbin, Wright, McMaster, Fooks, Jacobs,
Schley, Kilgour, Brewer, Holliday, and Slicer
—23.
So the Convention suspended further proceed-
ings under the call.
Mr. CHAMBERS, of Kent, said: Before the
Convention proceeds to the consideration of the
regular business of the day, I beg to move the
following orders:
Ordered, That the Committee on Accounts
pay to Thomas H. O'Neal, the maker, and C.
B. Graham, the lithographer, of a map for the |
