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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 620   View pdf image
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620


Stewart, of Balt. city, Brent, of Balt. city, Sherwood, of Balt.
city, Ware, Michael Newcomer, Kilgour, Brewer, Water; Weber,
Hollyday, Slicer, Fitzpatrick, Smith, Parke, ShQwer, Cockey
and Brown—47.
NEGATIVE-----Messrs. Chapman, Morgan, Blakistone,
Dent, Hopewell, Donaldson, Dorsey, Wells, Randall, Crisfield,
Williams, Goldsborough, Bowie, Tuck, Sprigg, Thomas Schley,
Fiery, John Newcomer, Harbine, Davis and Anderson—22.
So the amendment as the 13th section was adopted.
On motion of Mr. Bowie,
The Convention then took up for consideration the 2nd and 3rd
sections, which had been passed over informally;
Mr. Bowie, then offered as a substitute for said sections, the fol
lowing
"Sec. 2. The court of appeals shall have appellate jurisdiction
only, which shall be co-extensive with the limits of the State, and
shall consist of a chief justice and three associate justices, army
three of whom shall form a quorum, whose judgment shall be
final and conclusive in all cases of appeals, and who shall have
the same jurisdiction which the present court of appeals of this
State now have, and such other appellate jurisdiction only as may
be hereafter provided for by law. The Governor, for the timô
being, by and with the advice and consent of the Senate, shall
designate the chief justice, and the court of appeals shall hold its
sessions at the city of Annapolis on the first Monday of June, and
the first Monday of December in each and every year ;"
Which was read.
Mr. Crisfield, moved to amend said substitute by inserting after
the word "appeals" in the 5th line,these words: "but no judgment
of reversal shall be rendered, except with the concurrence of at
least three of the judges thereof;"
Mr. Crisfield, moved the question be taken by yeas and nays,
and being ordered appeared as follows:
AFFIRMATIVE —Messrs. Morgan, Ricaud, Sellman, Lloyd,
dickinson, James U. Dennis, Crisfleld, Dashiell, Williams, Hod-
son, Goldsborough, McCubbin, Spencer, George, McMaster, Hearn,
Fooks, Gaither, Gwinn, Fiery, Brewer, Weber, Hollyday, Slicer
and Smith—26.
NEGATIVE —Messrs. Chapman, Pres't, Blakistone, Dent, Hope-
Well, Lee, Donaldson, Dorsey, Wells, Randall, Buchanan, Hicks,
Eccleston, Miller, McLane, Bowie, Sprigg, Wright, Dirickson,
Jacobs, Johnson, Biser, Sappington, McHenry, Mcgraw, Nelson,
Thawley, Brent, of Balt, city, Sherwood, of Balt. city, Ware,
Schtey, John Newcomer, Harbine, Michael Newcomer, Davis,
Kilgour, Waters, Anderson, Fitzpatrick, Parke, Shower, Cockey
and Brown —42.
So the amendment was rejected.


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 620   View pdf image
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