the jurisdiction over real estate is limited to
one thousand dollars, you might as well have
no provision in regard lo the matter, for it is
almost impossible to conceive, in these times,
of real estate worth so small a sum as one
thousand dollars. I vote "no."
Mr. STIRLING. I hardly know bow to vote
upon this proposition, lamas much opposed
to this as to the other. If the convention
thinks it wise to adopt this policy, I have no
objection in the world to it. But if it is to be
adopted, I do not see why it should be limited
to one thousand dollars more than any other
amount, I vote "no."
Mr. THOMAS. In explanation of my vote,
1 will Bay that I am totally opposed to giving
this jurisdiction to the orphans' court even
to the value of one cent. I vote for this
proposition, only. because I think it is the best
we can do under the circumstance?; it is
the least of two evils. I therefore vote
"aye."
Mr. RIDGELY. I propose the following as
a substitute for the entire section:
"Sec. 25. The said orphans' courts shall
have all the powers now vested by law in the
orphans' courts of this State, subject to such-
changes as the general assembly may pre-
scribe, and shall have such other jurisdic-
tion as may from time to time be provided
by law."
I will make one word of explanation of
this amendment. If it is desirable that this
jurisdiction shall beconferred upon the or-
phans' court, it can be conferred by the general
assembly. And if it should be found, us we
think it will, to work injuriously to the pub-
lic interest it can be modified or repealed by
the general assembly, if it is incorporated
into the organic law, it then becomes perma-
nent during the continuance of the constitu-
tion, and cannot be changed by the .general
assembly even if it should be found to work
injuriously. I propose, by the substitute I
have offered, to confer the power upon the
general assembly to enlarge the jurisdiction
of the orphans' court, if in their judgment
the public interest demands it. The difference
between the two propositions is this:
mine gives the control of the subject to the
general assembly, while the other by putting
it in the constitution places it beyond the
control of any human power during the continuance
of that constitution.
Mr. DANIEL moved that the convention
take a recess, bat withdrew the motion at the
request of
Mr. RIDGELY, who submitted the follow-
ing:
" Ordered, That the order for recess for
evening sessions be suspended for this even-
ing."
The question being taken, the order was
adopted. |
LEAVE OF ABSENCE.
Mr. THRUSTON asked and obtained leave of
absence for a few days.
Mr. BROWS asked and obtained leave of ab-
sence for a lew days.
Mr. DENT asked and obtained leave of ab-
sence for a few days.
Mr. GALE asked and obtained leave of ab-
sence for a few days.
Mr. ROBINETTE asked and obtained leave of
absence for a few days.
On motion of Mr. CHAMBERS,
The convention then adjourned.
EIGHTY-SECOND DAY.
FRIDAY, August 26,1864.
The convention met at ten o'clock, A. M.
Prayer by the Rev. Mr. Todd.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Belt, Billingsley, Blackis-
ton, Bond, Briscoe, Brooks, Chambers, Craw-
ford, Cunningham, Cushing, Daniel, Davis,
of Washington, Dellinger, Dent, Duvall,
Ecker, Edelen, Farrow, Galloway, Greene,
Hebb. Henkle, Hodson, Hoffman, Hollyday,
Hopkins, Hopper, Horsey, Keefer, Kennard,
King, Lansdale, Larsh, Lee, Markey, Mc-
Comas, Mitchell, Miller, Morgan, Mullikin,
Murray, Negley, Nyman, Parker, Parran,
Peter, Pugh, Purnell, Ridgely, Russell,
Sands, Schley, Schlosser, Smith, of Carroll,
Smith, of Dorchester, Smith, of Worcester,
Sneary, Stirling, Stockbridge, Swope, Sykes,
Thomas, Todd, Turner, Valliant, Wickard,
Wilmer, Wooden—72,
The journal of yesterday was read and ap-
proved.
ABSENT MEMBERS.
On motion of Mr. PUGH,
It was ordered to be entered on the journal
that Mr. Scott, of Cecil, is detained from his
seat on account of sickness.
On motion of Mr. DELLINGER,
It was ordered to be entered on the journal
that Mr. Mayhugh is detained from his seat
by indisposition.
JUDICIARY DEPARTMENT.
The convention then resumed (he consideration
of the report of the committee on the
judiciary department, which was on its
second reading.
ORPHANS'' COURT.
The section under consideration was sec-
tion twenty-five, which had been amended to
read as follows:
' ' Sec. 25. The said orphans' courts shall
have all the powers now vested in the or-
phans' courts of this State, subject to such |
