were ordered, and being taken, were as fol-
lows:
Affirmative-Messrs. Morgan, Blakistone, Dent,
Hopewell, Dorsey, Sellman, Jenifer, Howard,
Buchanan, Lloyd, Dickinson, Hicks, Hodson,
Goldsborough, Eccleston, Chambers, of Cecil,
Miller, Grason, George, Hearn, Fooks, Jacobs,
Thomas, Johnson, Gaither, Biser, Anan, Sap-
pington, Magraw, Nelson, Thawley, Gwinn,
Stewart, of Balt. city, Brent of Balt. city, Sher-
wood, of Balt. city, Ware, Schley, Fiery, Neill,
John Newcomer, Harbine, Michael Newcomer,
Davis, Waters, Weber, Holliday, Slicer, Fitz-
patrick, Parke, Shower, Cockey and Brown-52.
Negative-Messrs. Chapman, Pres't, Ricaud,
Lee, Chambers, of Kent, Mitchell, Donaldson,
Wells, Randall, Dalrymple, Bond, John Dennis,
James U. Dennis, Crisfield, Dashiell, Williams,
McCullough, McLane, Bowie, Sprigg, McCub-
bin, Spencer, Wright, Dirickson, McMaster,
McHenry, Kilgour, Brewer, Anderson and
Smith-29.
So the 10th section was adopted.
Mr. THOMAS said that, considering they had
but a week longer to sit, he hoped the Conven-
tion would excuse him for moving that they take
a recess until five o'clock, P.M.
Mr. NEILL asked that the question be taken
by yeas and nays, which were ordered, and be-
ing taken, appeared as follows:
Affirmative-Messrs. Blakistone, Dent, Sell-
man, Bond, Jenifer, Lloyd, Dickinson, Crisfield,
Hicks, Hodson, McLane, McCubbin, George,
McMaster, Thomas, Johnson, Gaither, Biser,
Annan, Sappington, McHenry, Magraw, Nelson,
Thawley, Gwinn, Stewart, of Balt. city, Brent,
of Balt. city, Ware, Schley, Fiery, Neill, John
Newcomer, Harbine, Michael Newcomer, Da-
vis, Brewer, Weber, Holliday, Slicer, Fitz-
patrick, Smith, Parke, Shower, Cockey and
Brown-45.
Negative-Messrs. Chapman, Pres't, Morgan,
Hopewell, Ricaud, Lee, Chambers, of Kent,
Mitchell, Donaldson, Dorsey, Wells, Randall,
Dalrymple, Howard, Buchanan, John Dennis,
James U. Dennis, Dashiell, Williams, Golds-
borough, Eccleston, Chambers, of Cecil, Miller,
Bowie, Sprigg, Spencer, Grason, Wright, Dirick-
son, Hearn, Fooks, Jacobs, Kilgour, Waters and
Anderson-35.
So the Convention took a recess until 5
o'clock, P.M.
EVENING SESSION, MONDAY, April 28.
The Convention in pursuance of the order this
day adopted, re-assembled at 5 o'clock.
The roll was called, and a quorum was present.
THE CASE OF MITCHELL.
The President laid before the Covention the
following communication from the Governor of
the State of Maryland:
State Department, Annapolis, April 29, 1851.
Hon. John G. Chapman, Pres't of Convention:
Sir,-I herewith transmit by the request of H.
Hubbell, Esq., a copy of a letter recently ad-
dressed by him to me, concerning the case of J. |
S. Mitchell and his agents, F. Alberti and J.
Frisby Price.
I have the honor to be,
Very respectfully,
E. LOUIS LOWE.
61 Prune Street, Philadelphia, April 23, 1851
Dear Sir,-I perceive by the morning news-
paper that the Maryland State Convention now
in session, have taken some action in the case of
J. S. Mitchell and of his agents George F. Al-
berti and J. Frisby Price. I was the counsel of
Mr. Alberti in this case, and it gratifies me very
much to learn that the authorities of Maryland
are moving in this matter, so vital to their State's
interest, tranquility and prosperity. I have not
the least doubt on my mind, on presenting the
case properly to the Supreme Court of the Uni-
ted States, but that the whole proceedings against
Mr. Alberti would be set aside and reversed, the
law under which he was convicted declared un-
constitutional, and his triumphant liberation from
unjust imprisonment secured. I have been anx-
ious to take measures to bring this case properly
before the Supreme Court, but Mr. Alberti and
his friends are so poor that the necessary ex-
penses cannot be obtained.
I will feel obligated to your Excellency, if you
will communicate the purport of this letter to
the Convention.
I am with great respect,
Your Excellency's obed't serv't
HOR. HUBBELL.
His Excellency Gov. Lowe, Annapolis.
Which was read, and on motion of Mr. Brown,
referred to the select committee already appoint-
ed on that subject.
THE JUDICIARY SYSTEM.
Mr. SPENCER said that he had this morning
presented an amendment to the bill under con-
sideration, but that, in consequence of the de-
mand for the previous question, he could not
have a vote upon it.
He did not intend at this time to detain the
Convention a moment by any remarks. His sole
object was to have the proposition to which he
had this morning called the attention of the Con-
vention, entered upon the journal. He moved,
therefore, a reconsideration of the vote last
taken, in order that he might introduce the pro-
position he had indicated.
Mr. BOWIE. Read it.
Mr. SPENCER read the proposition as follows:
"There shall be in each county of this State
an orphans' court, which shall hold, use and ex-
ercise all the powers, authorities and jurisdic-
tions, now held, used and exercised by the ex-
isting orphans' courts in the several counties of
this State; and the General Assembly may by
law, restrain or enlarge the powers and juris-
diction thereof. The judge of the circuit in
which any orphans' court shall be held, shall be
judge thereof and shall hold at least four terms
of said court in each year in each county in his
circuit, or oftener if required by law. In the
recess of the orphans' court, the Register of
Wills, in each county, shall have and exercise |
