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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 605   View pdf image
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lature to require the Sheriffs of the respective
counties in this State, to sell and dispose of all
estates directed to be sold under all decrees passed
on the equity side of the said courts, and to exe-
cute all and every process in the said courts,
whether at law or equity, save and excepting the
duties of auditor and clerk of said courts, for
which no greater commission or per centage shall
be allowed than is now allowed him for sales at law.
Sec. 13. In the trial of all actions hereafter in
the courts of this State, in which matters of ac-
count in bar or set off are plead as now authorized
by law, or which may hereafter be allowed by
law—the jury shall find, according to the merits
of the case, either for the plaintiff or the defendant,
as the same may be.
Mr. DAVIS, (by permission of the Convention,)
presented a memorial signed by Millers, Flour
Dealers, Shippers and Merchants of the city of
Baltimore, remonstrating against the repeal of the
present Inspection system, and submitting certain
reasons therefor.
Which was lead, and on motion of Mr. Davis,
referred to the Committee on Inspections.
Mr. BOWIE, said that it was necessary to de-
vise some such plan as suggested by the gentle-
man from Kent, (Mr. Chambers,) and he hoped
that the Convention would adjourn in order to
enable that gentleman, together with the gentleman
from Somerset, (Mr. Crisfield,) to prepare
the plan. The Convention by their votes had
evidently shown a desire for some reform in this
Mr. CHAMBERS, of Kent, then renewed the mo-
tion to adjourn.
Mr. BROWN moved that the question be taken
by yeas and nays, and that the hour be noted on
the Journal, it being half-past one o'clock.
The yeas and nays were ordered, on being
taken resulted—ayes 37, noes 99.
Affirmative—Messrs. Chapman, President, Mor-
gan, Ricaud, Lee, Chambers of Kent, Mitchell,
Donaldson, Wells, Randall, Kent, Jenifer, Buch-
anan, Welch, Ridgely, John Dennis, James U.
Dennis, Crisfield, Dashiell, Williams, Hodson,
Eccleston, Phelps, Chambers of Cecil, McCul-
lough, Bowie, Sprigg, McCubbin, Spencer, Gra-
son, Wright, Dirickson, McMaster, Fooks, Ja-
cobs, Sherwood, of Baltimore city, Davis and
Negative—Messrs. Sellman, Lloyd, Sherwood
of Talbot, Miller, McLane, George, Thomas,
Johnson, Gaither, Biser, Annan, Sappington,
McHenry, Magraw, Schley, Fiery, Neill, John
Newcomer, Harbine, Michael Newcomer, Brew-
er, Waters, Weber, Holliday, Slicer, Fitzpatrick,
Parke, Shower and Brown—29.
The Convention accordingly adjourned until
Monday morning, half-past 11 o'clock.
MONDAY, April 28,1851.
The Convention met at half-past 11 o'clock,
in pursuance of the order heretofore adopted.
Prayer was made by the Rev Mr. Griffith.
The Journal of Saturday was read.
Mr. JENIFER presented a memorial of sundry
citizens of Charles county, praying for restric-
tions on the present system of granting license
for the sale of ardent spirits.
Mr. J. in presenting the memorial, said it was
signed by some of the most respectable and in-
telligent citizens of the county, and he had no
doubt it expressed the sentiments of a large ma-
jority of the people of the county. Mr. J. said
numerous memorials of similar import had been
presented from several counties of the State,
and if the Convention did not act upon them he
hoped the next legislature would take the evil
complained of under serious consideration, and
provide such remedies as the case called for.
This, as the other memorials, was signed by
Sons of Temperance and others not members of
that fraternity, but all united to arrest the griev-
ances under which the moral community had so
long suffered. One thing, however, Mr. J. said,
might be done, an example worthy of imitation
by all classes of citizens, which he would suggest;
which if adopted, no member would suffer more
than he would for no gentleman was fonder of
the good things of this life than he was; yet in
so good a cause he was willing to make the sac-
rifice. It was that every member of the Convention
should join the Temperance Society, from which
Mr. J. said he had no doubt more good would
result to the State of Maryland than the fram-
ing of any Constitution likely to be adopted by
this Convention. Then we shall at least have
done something for the good of the State.
Mr. J. asked the referring of the memorial to
the appropriate committee.
Ordered accordingly.
Mr. MAGRAW said he desired to submit an
order for the consideration of the Convention.
The order was read, as follows:
Ordered, That a committee of three be ap-
pointed by the Chair to examine the record of
the Journal of Proceedings, as kept by the Sec-
retary, and to report the same to the Convention,
that it may be deposited in the State Library,
and also to report what compensation the Sec-
retary is entitled therefor.
The order having been read,
Mr. MAGRAW said that the Secretary of the
Convention had been exceedingly attentive to
his duties, and zealous in their discharge. He
(Mr. M.) understood that it was not the inten-
tion of that gentleman to ask any extra pay for
the performance of the arduous duties of his
office. There had been extra work, done out of
the Convention, for which, in his (Mr. M's)
opinion, the Secretary was entitled to compen-
sation. His object was that the work should
be examined by a committee in order that they
might determine what the proper amount of
compensation would be.
The question was stated to be on the adoption
of the order.
Mr. SPENCER rose, he said, for the purpose
of inquiring from the gentleman who introduced
the order, (Mr. Magraw,) whether there was

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 605   View pdf image
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