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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 487   View pdf image
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487
scribed by law. He shall be elected by the
electors of the State, at the first election for del-
egates to the Assembly after the adoption of this
Constitution, and biennially thereafter.
His whole compensation shall be fifteen hun-
dred dollars per annum. The legislature shall
have power to abolish or regulate the said office,
except as to the mode of appointment and
amount of compensation In the case of a vacancy
happening in said office it shall be filled
by the Executive in same manner as vacancies
happening in Executive appointment.
2nd. Of the Register of the Land Office; the
register of the land office shall be appointed by
the Governor, by and with the advice and con-
sent of the Senate, and hold his office for the
term of six years, and his fees of office shall be
the same as are now allowed by law.
2nd. The office of Examiner General shall be
abolished from and after the first day of Janua-
ry next, after which time the duties of said office
shall be performed by the register of the land of-
fice who shall receive for such services the fees
now prescribed by law.
4th. Of County Commissioners; the county
authorities now known as Levy courts or county
commissioners shall hereafter be styled county
commissioners, and shall be elected by general
ticket, and not by districts, by the voters of res-
pective counties. Said commissioners shall ex-
ercise such powers and duties only as the legis-
lature may from time to time prescribe—but
such powers and duties and the tenure of office
shall be uniform throughout the Slate, and the
legislature shall at or before its second regular
session after the adoption of this Constitution
pass such laws as may be necessary for ascer-
taining and defining the powers, duties and ten-
ure of office of said commissioners, and until the
passage of such laws, the present county authori-
ties shall have and exercise all the powers and
duties now exercised by them under the laws of
this State.
5th. The General Assembly may provide by
law for the election or appointment of such
other county officers as may be required, and
are not provided for in this Constitution, and
prescribe their powers and duties, but their ten-
ure of office, their powers and duties and mode
of appointment shall be uniform throughout the
State.
6th. Of Inspectors, Measures, etc.; all offices
for the weighing, guaging, measuring, culling or
inspecting any merchandise, produce, manufac-
ture or commodity, whatever, except tobacco
are hereby abolished, and no such office shall
hereafter be created by law; but nothing in this
section contained, shall abrogate any office cre-
ated for the purpose of protecting the public
health, or the interests of the State, in its pro-
perly, revenue, tolls, or purchases or of supply-
ing the people with correct standards of weights
and measures, or shall prevent the creation of
any office for such purposes hereafter.
Which was read.
THE JUDICIARY.
The Convention resumed the consideration of
the order of the day, being the report No. 13,
submitted by Mr. BOWIE, as chairman of the
committee on the Judiciary.
The question pending before the Convention on
yesterday, being on the amendment offered by
Mr. PHELPS, to strike out in the 5th section, 8th
line, these words, "a plurality vote of the legal
and qualified voters therein," and insert in lieu
thereof, "joint ballot of the two Houses of the
General Assembly of Maryland."
Mr. CHAMBERS, of Kent, then resumed and
concluded his remarks, (as embodied in the re-
port of yesterday's proceedings.)
Mr. WM COST JOHNSON made some remarks,
which will be published hereafter.
Mr. SHRIVER demanded the yeas and nays
Which were ordered;
And being taken,
Resulted as follows:
Affirmative—Messrs. Morgan, Lee, Chambers
of Kent, Mitchell, Wells, Randall, Kent, Sellman,
Dalrymple Hicks, Goldsborough, Eccleston
Phelps, Sprigg, Fooks, Jacobs, and Kilgour—17.
Negative— Messrs. Chapman, Pres't., Ricaud,
Donaldson, Dorsey, Brent of Charles, Merrick
Buchanan, Bell, Welch, Ridgely, Lloyd, Sherwood,
of Talbot, Colston, Crisfield, Miller Bowie,
Tuck, Bowling, Spencer, Grason, George, Wright
Dirickson, McMaster, Thomas, Shriver, Johnson,
Gaither, Biser, Annan, Sappington, McHenry,
Nelson, Stewart of Caroline, Hardcastle, Gwinn
Stewart of Baltimore city, Brent of Baltimore
city. Sherwood of Baltimore city, Ware, Schley,
Fiery. Neill, Harbine, Brewer, Anderson, Weber,
Hollyday, Slicer, Fitzpatrick, Smith, Parke and
Shower—53.
So the amendment was rejected.
The question then recurred on the adoption of
the substitute as offered by Mr. CRISFIELD, for
the 5th section of the report.
Mr. SPENCER offered as a substitute for the
section and substitute, the amendment proposed
by him this morning, as a substitute for the sec-
tion.
Which was read.
Mr. SPENCER said:
Mr. President, I had not anticipated that the
subject matter which I offered for the considera-
tion of the Convention, would be reached to-day
I supposed that the subject under consideration
to-day, and which was also before the Conven-
tion yesterday, would have occupied its atten-
tion on the present occasion. Indeed, I had no-
conception that I should trespass upon your in-
dulgence, at all events, before Monday next. In
the, discharge of a duty which I owe to myself
and my constituents, I shall now define the ob-
ject and purposes designed by the amendment
offered. It is intended to apply to the fifth sec-
tion of this report. It provided that the State
should be laid off into four judicial districts and
that Courts of Appeals should consist of four
judges. The object in having the Court of Ap-
peals so constructed, is to give confidence to ju-
dicial decisions.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 487   View pdf image
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