very recent law. He had not heard of it. A
gentleman (Mr. Spencer) had told him of the case
of a man who could not get a trustee for the pur-
pose of settling up his estate, and because he was
unable to do that he was imprisoned nine months
without an illegation being offered against him.
Mr. SPENCER said the case was this, and it
occurred in Queen Anne's Co.: that in the course
of last year, a man named Steele was arrested
under a ca. sa. The debt was contracted in
Philadelphia. A great variety of questions of
law arose, as to the legality of the process. The
best legal talent in that section of the state was
employed in investigating and arguing the mat-
ter. Finally, the man was sent to prison, and
remained incarcerated for many months, because
he could not obtain a trustee, and give security
for his appearance. He, at length, succeeded in
getting a trustee. No question of fraud arose in
the proceedings; he could not get his discharge
because he could not obtain a trustee. There
are now questions of fraud arising out of the
case, to be determined on his application for a
final discharge.
Mr. W. C. JOHNSON remarked that, if there
•were crimes and offences, violent frauds or per-
juries committed, the legislature would have full
and ample jurisdiction over the subject, desig-
nating what should be a crime, and what should
not. Those offences could be tried before a
court, and pronounced upon by a jury. They
could define and say what should be a. crime,
and that crime could be brought against a man,
and he be tried by his peers, and convicted, if it
was necessary he should be. But he was unwill-
ing to trust the legislature with the power to
imprison a man merely for a matter of debt, and
therefore he would vote against a reconsideration.
He would withdraw the motion he had
made, to lay the subject on the table, and call
for a direct vote on the motion to reconsider.
Mr. W. C. JOHNSON demanded the yeas and
nays, which being ordered and taken, resulted
as follows:
Affirmative—Messrs. Chapman, Pres't, Ricaud,
Donaldson, Dorsey, Wells, Howard, Dickinson,
Crisfield, Dashiell, Williams, Hicks, Hodson,
Goldsborough, Eccleston, McCullough, Miller,
Wright, McMaster, Hearn, Fooks, Jacobs, Da-
vis, Waters and Shower—24.
Negative—Messrs. Blakistone, Dent, Hope-
well, Lee, Mitchell, Randall, Dalrymple, Bu-
chanan, Lloyd, John Dennis, James U. Dennis,
McLane, Bowie, Tuck, Sprigg, McCubbin,
Spencer; Grason, George, Dirickson, Thomas,
Johnson, Gaither, Biser, Annan, Sappington,
McHenry, Magraw, Nelson, Thawley, Gwinn,
Stewart, of Bait. city, Brent, of Balt. city, Sher-
wood, of Balt. city, Schley, Fiery, Neill, John
Newcomer, Harbine, Michael Newcomer, Kil-
gour, Brewer, Anderson, Weber, Holliday,
Slicer, Fitzpatrick, Smith, Parke, Cockey and
Brown—51,
So the Convention refused to reconsider their
vote.
On motion of Mr. BUCHANAN, it was
Ordered, That it be entered on the Journal, |
that Mr. Welch is detained from his seat in the
Convention by indisposition.
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 on Saturday before the
Convention, being on the amendment offered by
Mr Spencer.
Mr. BROWN moved the Convention reconsider
their vote of Saturday, rejecting the amendment
offered by Mr. Michael Newcomer, as the 10th
section of the report.
Mr. BROWN demanded the yeas and nays,
which were ordered,
On motion of Mr. CRISFIELD,
The Convention was called.
On motion of Mr. BROWN,
Further proceedings under the call were dis-
pensed with.
The yeas and nays were then taken, and re-
sulted as follows:
Affirmative—Messrs. Morgan, Blakistone, Hope-
well, Dorsey, Howard, Lloyd, Dickinson, Hicks,
Hodson, Goldsborough, Eccleston, Miller, Gra-
son, George, Hearn, Jacobs, Thomas, Johnson,
Gaither, Biser, Annan, Sappington, Nelson,
Thawley, Gwinn, Stewart, of Balt. city, Brent,
of Ball, city. Sherwood, of Balt. city, Ware,
Schley, Fiery, Neill, John Newcomer, Harbine,
Michael Newcomer, Davis, Waters, Weber, Hol-
iday, Slicer, Smith, Parke, Shower, Cockey and
Brown—45.
Negative.—Messrs. Chapman, President, Dent,
Ricaud, Lee, Chambers of Kent, Mitchell, Don-
aldson, Wells, Randall, Dalrymple, Bond. Jeni-
fer, Buchanan, John Dennis, James U. Dennis,
Crisfield, Dashiell, Williams, McLane, Bowie,
Tuck, Sprigg, McCubbin, Spencer, Wright, Dir-
ickson, McMaster, McHenry, Magraw, Kilgour,
Brewer and Anderson—33.
So the Convention reconsidered their vote.
The question then recurred on the adoption of
the 10th section.
Mr. JOHN NEWCOMER then moved to reconsider
the vote of the Convention on the section, strik-
ing out "three judges," and inserting "one
judge."
Mr. JOHN NEWCOMER demanded the yeas and
nays, which, being ordered and taken, resulted
as follows.
Affirmative—Messrs. Chapman, Pres't, Ricaud,
Lee, Chambers of Kent, Mitchell, Donaldson,
Bond, Jenifer, Buchanan, John Dennis, James
U. Dennis, Dashiell, McCullough, McLane, Bow-
ie, Tuck, Sprigg, McCubbin, Spencer, Wright,
Dirickson, McMaster, Hearn, McHenry, Ma-
graw, John Newcomer, Kilgour, Brewer, An-
derson, Weber, Fitzpatrick, Smith and Parke—33.
Negative—Messrs. Morgan, Blakistone, Dent,
Hopewell, Dorsey, Wells, Randall, Sellman,
Dalrymple, Howard, Lloyd, Dickinson, Wil-
liams, Hicks, Hodson, Goldsborough, Eccleston
Miller, Grason, George, Jacobs, Thomas, John-
son, Gaither, Biser, Annan, Sappington, Nelson, |
