Brent, of Charles, Jenifer, Howard, Buchanan,
Bell, Welch, Ridgely, Lloyd, John Dennis, Hicks,
Hodson, Goldsborough, Eccleston, Phelps, Con-
stable, McCullough, Miller, McLane, Bowie
Tuck, Sprigg, McCubbin, Spencer, Wright
McMaster, Hearn, Fooks, Thomas, Shriver
Gaither, Biser, Annan, McHenry, Magraw, Car-
ter, Stewart, of Caroline, Hardcastle, Gwinn
Stewart, of Baltimore city, Brent, of Baltimore
city, Ware, Fiery, Davis, Kilgour, Waters, An-
derson, Fitzpatrick, Parke, Ege and Cockey—62
So the Convention refused to strike out.
The order was then adopted.
On motion of Mr. TUCK, it was
Ordered, That the Journal of Accounts be
forthwith closed up lo Monday, the 12th inst.,
inclusive.
Mr. JACOBS submitted the following order:
Ordersd. That the Convention take up for con-
sideration the report of the committee on free
colored population, on to-morrow at 4 o'clock,
p. m.
Mr. KILGOUR moved that the question be taken
by yeas and nays,
Which being ordered,
Appeared as follows:
Affirmative—Messrs Blakistone, Pres't pro tem.
Morgan, Dent, Hopewell, Lee, Cambers, of Kent,
Wells, Randall, Kent, Sellman, Weems, Brent,
of Charles, Howard, Bell, Welch, John Dennis,
Dashiell, Williams, Hicks, Hodson, Goldsborough,
Eccleston, Phelps, Bowie, Tuck, Sprigg, McCub-
bin, Bowling, Dirickson, McMaster, Hearn,
Fooks, Jacobs, Gaither, Carter, Schley, Fiery,
Davis, Kilgour, Brewer and Waters—41.
Negative—Messrs. Ricaud, Donaldson, Dorsey,
Ridgely, Lloyd, Sherwood, of Talbot, Colston,
Constable, McCullough, Miller, Grason, George,
Wright, Thomas, Shriver, Annan, Sappington,
Stephenson, McHenry, Nelson, Thawley, Stew-
art, of Caroline, Hardcastle, Gwinn, Stewart, of
Baltimore city, Brent, of Baltimore city, Sher-
wood, of Baltimore city, Ware, Neill, John New-
comer, Harbine, Michael Newcomer, Anderson,
Weber, Hollyday, Fitzpatrick, Smith, Parke,
Ege, Shower, Cockey and Brown—41.
So the order was not adopted.
Mr, BRENT, of Baltimore city submitted the
following, as articles of the Constitution, which
he desired should be entered upon the journal.
1st. The court of Appeals shall, upon the
decision of every case which has been argued in
said court, give a decision in writing upon the
points arising in the record, and the Legislature
shall provide by law for the speedy publication
of the decisions of the court of Appeals, but no
judge shall report such decisions.
21. The court of Appeals shall not refuse a
procedendo in any case at common law, which it
may reverse so as to invoke by such refusal the
decision of any matter of fact proper to be submitted
to a jury, nor shall any procedendo in any
case be refused when the court may be of opinion
that a meritorious cause of action or defence may
be received on the further trial of the cause by
the amendment of the pleadings, or by the intro-
duction of further evidence. |
Mr. NEILL moved to reconsider the vote by
which was adopted the following amendment of
Mr. MILLER to the report of the committee on
the legislative department, so as to insert after
the word "compensation," the words, "as
agreed upon between the parties or awarded by
a jury."
"The Legislature shall enact no law authorising
private property to be taken for public use,
without just compensation being first paid in, or
tendered to the party entitled to such compen-
sation."
Mr. NEILL said that it was known that acts of
incorporation provided for the appointment of
commissioners to value and ascertain damages.
Then if property and soil were to be governed by
that valuation and assessment, great injustice
might be done. He was opposed, and he took
it for granted that the Convention would take
the same view, to any company appropriating
dominion over the soil until they paid afair value
for it. Therefore it become necessary that
whatever damages were sustained either by as-
certainment or agreement between a party, or
by assessment of a jury, should first be paid or
tendered, before a company appropriated the
land to its purposes.
The motion to reconsider was agreed to.
The question recurring on the adoption of
the amendment,
Mr. NEILL moved to amend it by inserting af-
ter the word "compensation," these words "as-
agreed upon between the parties, or awarded by
a jury."
The amendment was agreed to.
And the amendment as amended was adopted.
DECLARATION OF RIGHTS.
The Convention then resumed the considera-
tion of the report of the committee on the De-
claration of Rights.
Mr. RANDALL said:
That the preamble to the Declaration of
Rights, as it now stands, is in these words:—
"We, the delegates of Maryland, in free and full
convention assembled, taking into our most serious
consideration the best means of establishing
a good Constitution in this State, for the sure
foundation, and more permanent security thereof,
declare." Now this Constitution of Maryland
was fully consummated by the delegates of the
people of the State, by virtue of power conferred
upon them by the people—it required no
submission afterwards to the people for their con-
firmation, and hence it was right and proper that
the preamble should have been what it was.—
But a very different state of things exists now—
we meet here to prepare a Constitution to be
submitted merely to the people—the people themselves
are to adopt or reject it, hence if adopted
it is by them, not by their delegates, made the
Constitution of the State, and should be, as pro-
posed, declared so to be in the name of the peo-
ple. The same form is adopted for the sane
reason in the preamble of the Constitution of
the United States. We therefore recommend |
