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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 106   View pdf image
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106
reading. I do not see under the usual par-
liamentary rule that it will be necessary to
make any distinction, or that there will be
any difficulty: but some confusion may grow
up it we separate it.
Mr. BERRY of Baltimore county. I know
how perplexing is this previous question;
and although I have somewhat hastily looked
at the authorities with regard to it, my mind
is not yet clear with regard to it, nor do I
fully understand the amendment proposed by
my friend from Allegany. I think. that it is
ft question of so much importance, just at
this time, that the consideration of the rule
would better lie over until to-morrow, until
we can see the amendment, and can examine
the matter; and for that reason I move that
the Convention adjourn.
The motion was agreed to, and
The Convention adjourned.
FIFTEENTH DAY.
FRIDAY, May 20th, 1864.
The Convention met.
Prayer by the Rev. Mr. Patterson.
Present at the call of the roll the following
members:
Messrs, Goldsborough, President; Abbott,
Annan, Audoun, Baker, Barron, Berry of
Prince George's, Blackiston, Briscoe, Brooks,
Brown, Carter, Clarke, Crawford, Cunning-
ham, Cushing, Daniel, Davis of Washing-
ton, Dellinger, Earle, Ecker, Edelen, Gale,
Galloway, Greene, Harwood, Hatch, Hebb,
Hoffman, Hollyday, Hopkins, Hopper, John-
son, Jones of Cecil, Jones of Somerset, Ken-
nard, King, Lansdale, Lee, Marbury, Mar-
key, Mayhugh, McComas, Mitchell, Miller,
Morgan, Mullikin, Murray, Negley, Noble,
Nyman, Parker, Parran, Peter, Pugh, Pur-
nell, Robinette, Russell, Sands, Schley,
Schlosser, Scott, Smith of Carroll, Smith of
Dorchester, Sneary, Stockbridge, Swope,
Sykes, Thomas. Thruston, Todd, Valliant,
Wickard, Wilmer, Wooden—75.
The proceedings of yesterday were read.
On motion of Mr. Galloway,
Ordered, That the Committee on Accounts
be directed to examine and settle the accounts
for repairing and fitting up the Hall for the
use of the Convention, under an order of the
Legislature.
Mr. PURNELL submitted the following pre-
amble and resolutions:
WHEREAS, It is a matter of great import-
ance that there should be a prompt and faith-
ful attendance of the members and officers of
this Convention) for the performance of the
duties entrusted to them in their respective
committiees, as well as during the sessions of
this body; therefore, be it
Resolved, That hereafter no member or of-
ficer of this Convention shall receive any per
diem for such time as he may be absent from
the said Convention; and that the President
is hereby directed and required, in giving a
certificate of payment to such member or of-
ficer, to deduct from his account such time
as be may have been absent, unless occasioned
by actual indisposition, or some other un-
avoidable circumstance.
Resolved, That for the purpose of ascer-
taining the time lost by the members and of-
ficers the Secretary of this Convention be re-
quired to keep a weekly list, on which he shall
note the respective days when each of said
members or officers shall be absent, and file
the same weekly with the Clerk of the Com-
mittee on Accounts, who shall deduct the
same from the allowance of each member and
officer, so that, at the end of the session, the
number of days each member or officer has
been absent, except from actual indisposition
or other unavoidable cause, may be ascer-
tained and entered upon .be Journal of Pro-
ceedings,
Resolved, That every member shall be con-
sidered and noted as absent unless his name
be entered on the Journal at the opening of
each day's session, and also entered among
the yeas and nays, that shall be taken on
every proposition to adjourn, unless his ab-
sence be occasioned by actual indisposition
or other unavoidable circumstance.
Which were read.
Mr TODD submitted the following order :
Ordered, That the Treasurer of the State
of Maryland, upon the order of the Presi-
dent of this Convention, pay to Thomas J.
Corkran, who temporarily discharged the
duties of Page, in the beginning of the ses-
sions of this Convention, the per diem and
mileage allowed to the permanent Pages, for
the number of days of service rendered by
him.
Mr. TODD moved the reference of this or-
der to the Committee on Accounts, but at
the suggestion of the President withdrew the
motion.
The order was adopted.
ORPHANS COURT.
Mr. MARKEY submitted the following order :
Ordered, That the Committee on the Ju-
diciary inquire into the expediency of chang-
ing or amending the Testamentary System,
in cases where a testator has devised his pro-
perty to his executors to be sold, or has di-
rected his real estate to be sold by his execu-
tors, for the payment of debts and legacies,
or for any other purpose; so as, in the event
of the death of both executors or the sur-
vivor, or the death of a sole executor, to give
power to the Orphans' Court of the county
or city of Baltimore, where letters testamen-
tary have been granted, to appoint an admin-
istrator de bonis non, with the will annexed,
and invest him with power to sell such real
estate and administer the proceeds according
to the will of the testator.
Mr. BRISCOE. From the casual hearing of
that order it seems to me that it would more


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 106   View pdf image
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