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on the motion of Mr. Lee to strike out the entire section,
the motion was advocated by Messrs. Kilbourn and Barry.
Mr. Bateman proposed, as a substitute for the section,
that the office of commissioner of the land office and keep-
er of the chancery records shall be abolished, and the
clerk of the Court of Appeals shall perform the duties of
those officers, except to sit as judge of the land office,
which duty shall be performed by the judge of the Court
of Appeals elected from the city of Baltimore.
Mr. Roman advocated the report of the committee.
The debate was further continued by Messrs. Stoddert,
McKaig, Mitchell, and Kilbourn, when
Mr. Page said this question of a historiographer had
occupied the Convention for two days, and he felt it to
be his duty to call the previous question.
The call being sustained, the question was taken on the
substitute for the fourth and fifth sections, offered by Mr.
Bateman, which was adopted by a vote of 56 to 35.
Section six, now7 section five, was read and passed over.
Section seven, now section six, in relation to the crea-
tion of new offices, was read.
Mr. Merrick moved to strike out the section. He said
the Legislature already possessed the power to create new
offices, and it was useless to encumber the constitution
with this provision.
Mr. Roman said the matter was in doubt, and it would
be better to let the section remain. It was absolutely
necessary at times to create new offices. Where would the
city of Baltimore have been had not it been for the crea-
tion of police commissioners, who were State officers.
Mr. Stoddert said all powers not denied to the Legisla-
ture could be exercised, and there was no denial of this
power.
The motion to strike out then prevailed.
Mr. Walsh had voted with the majority on the substi-
tute of Mr. Bateman, for the purpose of moving a recon-
sideration. This office of land commissioner, which had
thus been swept away, was one of great importance to the
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379
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