exactly to the one in the present constitution.
The section as reported by the select com-
mittee reads: "The legal rate of interest
shall be six per cent. per annum, "&c. The
section in the present constitution reads:
"The rate of interest shall not exceed six
percent, per annum," &c. I move to strike
out the word "be," and insert the words
"not exceed."
The amendment was agreed to.
Mr. MILLER. I move to strike out the
word "legal;" that will leave the section
exactly as it is in the present constitution.
The amendment was agreed to.
On motion of Mr. HEBB,
The words "general assembly" were sub-
stituted for the word "legislature,"
The question then recurred upon the fol-
lowing amendment submitted by Mr. THRUS-
TON :
Strike out all after the word "the" in the
first line, and insert, " legal rate of interest
in this State shall be six per centum per an-
num, except in cases where a different rate
may be agreed upon in writing between con-
tracting parties, not exceeding, however,
seven and three-tenths per .cent. interest in
any case; and the general assembly shall
pass all laws necessary to carry this section
into effect."
Mr. CUSHING. I ask for a division of the
question. I can vote for the first part of the
amendment, but I cannot vote for the second
part.
Mr. HEBB. Have we not already voted
upon the first branch of this proposition ?
The CHAIRMAN (Mr. Pugh.) The chair
sees no other course to pursue except to put
the question, although the house has voted
upon it once. The substitute being in order,
and a division having been called for, the
vote must be taken.
Mr. CLARKE, I think the best way to get
rid of this matter will be to vote down both
branches of the proposition. That will
leave the section to stand exactly in the form
in which it has been adopted by the house.
The question wan then taken upon the first
branch of the proposition fixing the legal
rate of interest at six per cent., and it was
rejected.
The second branch of the proposition was
also rejected.
The report of the select committee as
amended was then ordered to be engrossed
fora third reading.
ADJOURNMENT SINE DIE.
Mr. STIRLING. I move to reconsider the
vote of the house a few days since, adopting
the resolution fixing the day for the final ad-
journment of this convention. I do so for
this reason: while I still hope that we may
be able to adjourn finally by the thirty-first
of this month, I merely propose, therefore,
to have the resolution laid over informally. |
There are some circumstances which render
it somewhat doubtful, and 'therefore I think
we better keep ourselves free. It is not un-
likely, judging from the critical state of mili-
tary affairs, as announced in the papers this
morning, that we may have more, trouble in
this State.
The question being taken upon the motion
to reconsider, it was agreed to.
The question then recurred upon agreeing
to the resolution.
On motion of Mr. STIRLING,
The further consideration of the resolution
was informally postponed.
LEAVE OF ABSENCE.
Mr. STIRLING. I am requested by my col-
league, Mr. Stockbridge, to ask leave of ab-
sence from this convention for a short time.
He left suddenly last night for Baltimore in
consequence of the death of Colonel Dushane,
being one of his legal advisers, and required
to take care of his interests and those of his
family. He will have to be absent a few
days. As I understood from him in conversa-
tion last night, lie desires the convention
to proceed with the consideration of the judi-
ciary report in his absence.
The leave of absence was accordingly
granted.
Mr. CLARKE, I desire to obtain leave of
absence for a few days. Leave of absence
was granted me on Friday last, but I did not
avail myself of it.
Leave of absence was accordingly granted.
Mr. HOPKINS asked and obtained leave of
absence from the evening session, on account
of indisposition,
Mr. EARLE asked and obtained leave of
absence for a few days.
Mr. KING asked and obtained leave of ab-
sence until to-morrow.
Mr. SANDS asked and obtained leave of ab-
sence for to-morrow.
Mr. JONES, of Somerset, asked and ob-
tained leave of absence for a few days.
Mr. THOMAS moved that the convention ad-
journ.
Mr. SANDS moved that the convention take
a recess,
The question was first taken upon the mo-
tion for a recess; and upon a division—ayes
37, noes not counted—it was agreed to.
The convention accordingly took a recess
until 8 o'clock, P. M.
EVENING SESSION.
The convention reassembled at 8 o'clock,
P. M. (Mr. PUGH in the chair.)
The roll was called, and the following
members answered to their names :
Messrs. Abbott, Annan, Audoun, Billings-
ley, Blackiston, Bond, Briscoe, Brown, Car-
ter, Chambers, Cunningham, Cushing, Dan-
iel, Dellinger, Dent, Duvall, Earle, Ecker,
Edelen, Gale, Galloway, Hebb, Hodson, Hol- |
