Mr. BROWN submitted the following resolu-
tion:
"Resolved, That the resolution regulating and
limiting debate on the judiciary report, be appli-
cable to all the business of the Convention until
otherwise ordered."
Which was read.
On the question being put,
Will the Convention adopt said resolution ?
Mr. BROWN moved the question be taken by
yeas and nays,
Which being ordered,
Appeared as follows:
Affirmative—Messrs. Donaldson, Sellman, How-
ard, Buchanan, Bell, Welch, Sherwood, of
Talbot, Hodson, Phelps, McCullough, Miller,
McLane, Tuck, Grason, Wright, Shriver, Gaither,
Biser, Annan, Stephenson, Magraw, Nelson,
Carter, Thawley, Hardcastle, Gwinn, Brent, of
Baltimore city, Sherwood, of Baltimore city,
Ware, Fiery, John Newcomer, Harbine, Mi-
chael Newcomer, Brewer, Weber, Fitzpatrick,
Parke, Ege, Shower, Cockey and Brown—41.
Negative—Messrs. Blakistone, Pres't, pro. tem..
Morgan, Hopewell, Ricaud, Lee, Chambers of
Kent, Dorsey, Wells, Randall, Kent. Weems,
Bond, Sollers. John Dennis, James U. Dennis,
Dashiell, Williams, Bowie, McCubbin, Dirick-
son, McMaster, Hearn, Fooks, Jacobs, Schley,
Davis, Waters and Smith—28.
So the resolution was adopted.
Mr. SILLERS gave notice that he should move
to reconsider the vote of the Convention just tak-
en on said resolution.
Mr. HARBINE presented a petition of sundry
citizens of Washington county, against the forma-
tion of a new county, to be called "Lee county"
out of parts of Washington and Frederick coun-
ties.
Which was read, and
Referred to the committee on New Coun-
ties.
Mr. HOWARD said:
That he had observed an article running the
rounds of the newspapers, stating that the ex-
penses of this Convention would amount to $200,-
000. He was not willing that they should be
responsible for imaginary sins; they had enough
real ones. he thought, to answer for.
He would, therefore, (and he believed this was
quite parliamentary,) ask the gentleman who was
chairman of the committee on accounts, whom
he presumed had an accurate knowledge of this
subject, to state to the Convention, if he knew,
what had been the expenses of the Convention
up to this day.
Mr. WELLS made some remarks which will
be published hereafter.
On motion of Mr. TUCK,
The Convention took up for consideration the
report of the Committee on the legislative de-
partment.
The question pending to said report was on
the amendment offered by Mr. LEE, as an addi-
tional section to said report, being as follows:
"Sec. 44. The General Assembly shall, at its
second section after the adoption of this Constitu- |
tion, provide by law against the sale of any real
estate, to satisfy any judgment or other lien in
cases where the yearly rents and profits, beyond
the payment of taxes, and the necessary repairs,
are sufficient within the space of seven years, to
satisfy or pay such judgment or other liens."
Mr, DASHIELL said, that he could not consent
to let a vote be taken upon a proposition so im-
portant as the one now under consideration, with-
out making a few remarks in its behalf. He re-
gretted very much indeed, that time was not al-
lowed to elaborate fully its merits. It was a
measure that tended to alleviate the condition of
that class of persons in the community, who
stood most in need of our favor and protection.—
The unfortunate debtor, and his helpless family,
were the objects of its solicitude.
This article directs the legislature to pass a
law similar to a law which now exists in Dela-
ware, and which has been working very benefi-
cially in that State fora number of years. Sim-
ilar laws also, he believed were now in force in
Pennsylvania and Virginia it partakes in its
nature of the old Ellegit system, but somewhat
modified to suit the genius of our government.
It is a law which the humanity of the age would
encourage; and which the cruelty and hardships
of the present system of execution demand its
protecting power. What is its nature? What is
object?
It is designed, sir, to protect the weak from
the strong—the man of low estate, from the
wealthy—the oppressed from the oppressor. It
is designed to rescue the little homestead of the
poor man from the grasping power of the rich
and worldly. How often have I witnessed with
an aching heart the little home of the poor man,
sold under the hammer of the Sheriff for one-
fourth of its value, and for an amount, which its
rent would have extinguished in less than seven
years.
How often have I witnessed the patrimony of
the inconsiderate young man who had been en-
snared by the wilds of the shaver, sold fora
debt which with interest and costs, could have
been liquidated by rent in much less than seven
years. His birth place—the scenes of his youth-
ful perambulations—the home of his childhood—
the resting place of his deceased ancestors—all,
all gone—and gone forever.
This provision, Mr, President, is designed to
prevent the sale of real estate for a longer term
than seven years where the debt and costs can
he paid by the rent in that time. It is to prevent
the sacrifice of that kind of property for a much
less sum than its real value, which under the pre-
sent system of execution often occur. It works
no injury to the creditor, for he may receive his
debt either in yearly instalments with interest,
or he may receive the whole amount at once and
forthwith by selling the estate for seven years.
Then, sir, at the expiration of said time, and
after the creditor shall have received his debt,
the land reverts back to its original owner. This
sir, is much more humane—much more just, and
much more accords with the advancement of the
age, than the present barbarous mode of dispos- |
