change in the laws he comes here with his
proposition and presents it to the Conven-
tion, I do not think it should be therefore
referred to one of our committees. We are
here for the purpose of establishing the fun-
damental and organic law of the State; and
if we are to prescribe the powers of the legis-
lative, judicial, and executive branches of the
government, go into all the details of those
powers, I doubt whether we shall be through
our work before the end of the year. I have
no disposition to be captious when any gen-
tleman offers a proposition for a mere inquiry,
but I want this question settled; for if gentle-
men are to be allowed to come here day after
day and ask committees to consider the expedi-
ency of adopting propositions which properly
belong to the Legislature, I think we shall be
unnecessarily cumbering our journal. As to
the question of expense I shall not speak of
that, for it is not proper to talk about that
now. I only wish now to show my friend
from Prince George's that he is wrong about
this. I know very well that the Legislature
has this power, and has exercised it, and my
friend the chairman of the Judiciary Com-
mittee, (Mr. Chambers) will testify that the
Legislative department has always exercised
that power. It would be a very strange
circumstance if it were not to exercise the
power to regulate the jurisdiction of the
court. I do not say this to consume the time
but merely to say that we establish a very
bad precedent if we cumber the committees
with such orders as this. While as a mem
ber of a committee I would not seek to avoid
the labor merely; I think we ought not to
impose upon the committees the considera-
tion of too many subjects at a time.
Mr. CHAMBERS. I will merely say lo my
friend that I am not the chairman of any
committee.
Mr. BERRY of Prince George's. I still in-
sist that I am right, and that the Orphans'
Court has no such power as that which it
is contemplated by the order of the gentle-
man from Frederick (Mr. Markey) shall be
given to them. I think my friend from Cal-
vert (Mr, Briscoe) read this article of the
Constitution with very little effect in making
the allegations he made as to the powers of
the Orphans' Court. I will read it now and
give my construction of it:
"They shall have all the powers now vest-
ed in the Orphans' Courts of this State."
What were the powers vested in the Or-
phans' Courts of this State at the time of the
adoption of the Constitution?
They had the general supervision of the es-
tate3 of deceased parties, and the general su-
pervision of the estates of minors. These
were (the principal duties confided to the Or-
phans' Court when this Constitution was
adopted. It proceeds:
—" subject to such changes therein as the
Legislature may prescribe." |
Does this give them an additional jurisdic-
tion? The Constitution provides that the
jurisdiction that they have may be changed
by the Legislature, but it does not allow the
Legislature to extend their jurisdiction. The
provision of the Constitution will not ad-
mit of the construction placed upon it by
the gentleman from Calvert (Mr. Briscoe.)
They have no such power under the law.
They hare no such power under the Consti-
tution. The object of the order of the gen-
tleman from Frederick is to extend their pow-
ers, so that when an executor shall die vest-
ed with power under a will to sell real estate,
it may not be necessary to make application
to Courts of Equity in order to carry out the
view of the intestate.
Mr. SANDS. I still entirely agree with my
friend from Prince George's (Mr. Berry) in
his view of the law.
The order was agreed to.
IMMIGRATION OF FREE NEGROES AND MULATTOES.
Mr, CLARKE. Belore the order is read
which 1 propose to offer, 1 desire to say with
reference to the remarks of the gentleman
from Calvert (Mr. Briscoe) that the subject
embraced in this order may be considered by
some a matter of legislative power. It may
embrace, to a certain extent, mailer which
has been heretofore a subject of legislative
action. But, as I understand, it is perfectly
competent for a sovereign convention to say
whether they will regulate the matter by or-
ganic law or leave it in the power of the
Legislature to regulate it hereafter. The
present Constitution embraces matters which
are sometimes left to mere legislation, as with
reference to usury, a subject which might
have been left to the legislative department
but which it was thought proper to fix in the
Constitution. So in respect to the creation
of a public debt, &c. This proposition em-
braces a matter which has been heretofore a
matter of State legislition, but which I de-
sire shall be submitted to the consideration
of the proper committee to be incorporated
in the organic law.
With reference to the propriety of offering
such propositions, I will say that many of us
are members of one or two committees, and
have no opportunity of knowing what is
going on in other committees atall; and al-
though the committees are very competent to
take charge of the subjects committed to them
for investigation, yet it may so happen that a
gentleman may have a proposition which he
wishes passed upon by some other committee;
and I think it not improper that he should
offer such a proposition and refer it to the ap-
propriate committee, which will give him an
opportunity of having his views passed upon.
I offer the following order:
Ordered, That the Committee on the Legis-
lative Department be instructed to inquire
into the expediency of inserting the follow-
ing articles in the Constitution : |
