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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 201   View pdf image
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201

The question was then stated to be on the
twenty-fourth article, as amended.
Mr. MCMASTER said he was opposed to the
amendment, because he thought that the language
of the original article was more plain and compre-
hensive. He hoped it would not be adopted.
The question was taken and the article was
adopted.
The 25th, 26th, and 27th articles were seve-
rally read, and no amendment having been
offered thereto, were adopted, as follows:
Art. 25. That a well regulated militia is the
proper and natural defence of a free govern-
ment.
Art. 26. That standing armies are dangerous
to liberty, and ought not to be raised or kept up
without consent of the Legislature.
Art. 27. That in all cases, and at all times, the
military ought to be under strict subordination to,
and control of the civil power.
The twenty-eighth article of the report was
read as follows:
Art. 28. That no soldier ought to be quartered
in any house in time of peace, without the con-
sent of the owner, and in time of war in such
manner as the Legislature shall direct.
Mr. DENT said it seemed to him that there
was a word wanting in this article. And he
moved to amend it by adding, after the word
" manner," the word " only."
The amendment was agreed to.
And the article, as amended, was adopted.
The 29th article of the report was read, and,
no amendment having been offered thereto, was
adopted as follows:
Art. 39. That no person except regular sol-
diers, mariners and marines, in the service of this
State, or militia when in actual service, ought in
any case to be subject to, or punishable by mar-
tial law.
The 30th article of the report was read as fol-
lows :
Art. 30. That the independency and upright-
ness of Judges are essential to the impartial ad-
ministration of justice, and a great security to
the rights and liberties of the people; wherefore
the Chancellor and Judges shall not be removed
except for misbehaviour, on conviction in a court
of law, or by the (governor, upon the address of
the General Assembly; provided, that two-thirds
of all the members of each House, concur in such
addresss; that salaries, liberal, but not profuse,
ought to be secured to the Chancellor and Judges
during the continuance of their commissions,
in such manner and at such time as the Legisla-
ture shall hereafter direct upon consideration of
the circumstances of this State; no Chancellor or
Judge ought to hold any other office, civil or mili-
tary, under the Constitution or Laws of this State
or of the United States, or of any member there-
of, or receive fees or perquisites of any kind for
the discharge of his official duties.
Mr. BRENT, of Baltimore city, moved to strike
out the words " ought to " and insert "shall,"
So as to mate the provision, (Mr. B. said,) ex-
pressly prohibitory.
The amendment was agreed to.
26

Mr. BOWIE moved to amend the article in the
sixth line, by striking out " two-thirds," and in-
serting a majority.
Some desultory discussion followed' between
Messrs. DORSEY, BOWIE, JENIFER and WEEMS,
directed, for the most part, to the proper con-
struction to be given to the article, when
Mr. BOWIE withdrew his amendment.
Mr. RIDGELY moved to amend the 30th arti-
cle, in the eleventh line, by inserting after the
word "office, "the words "of public trust or emol-
ument of any kind whatever."
Mr. BRENT, of Baltimore city, said, that so
far as such offices were concerned, the gentleman
from Baltimore county, (Mr. Ridgely,) could
accomplish his object by inserting in the thirty-
second article, the words, "trust or emolument,"
He, (Mr. B.,) would now propose to amend
the section, by adding the words:
"Nor shall any person hold a commission as
Judge or Chancellor, at any time after such per-
son has qualified or acted as a member of any
Convention, to revise or alter the Constitution of
this State, but thereupon such commission as
Judge or Chancellor shall be vacated."
Mr. RIDGELY said, that the proposition of the
gentleman from Baltimore city, (Mr. Brent,)
was specific in its character, and he, (Mr. R„)
had no objection to its being added as an amend-
ment, at the end of his amendment. The latter,
however, was broader, and covered more
ground.
Mr. RIDGELY then modified his amendment, by
striking out the word "public," and substituting
the word "political."
Mr. CHAMBERS, of Kent, said, that of course,
the members of this Convention would make such
a Constitution as they might think right; but, as
he had before said, the Convention should know
and consider well what it was doing. He refer-
red to his own position. He lived in a small
town, where, as wag the case in all such places,
important gentlemen like himself were scarce.
(Laughter.)
He was overpowered with offices of public
trusts. [Mr. C, ran over the roll of them in a
good-natured way.] He was incumbered with
offices, and his personal convenience would be
much promoted by the adoption of the amend-
ment of the gentleman from Baltimore county,
(Mr. Ridgely.) But he, [Mr. C„] thought that
the gentleman should give a bill of particulars.
Mr. RIDGELY interposed, and said, he had sub-
stituted the word "political," for "public."
Mr. CHAMBERS remarked, that the proposition
was still indefinite.
In regard to the amendment of the gentleman
from Baltimore city, (Mr. Brent,) he, [Mr. C.,]
thought that this was not the proper time to dis-
cuss that question. The proposition opened up
the whole subject matter, just where it had been
left a number of weeks ago. It would be better
to let it pass and not to rake up matter for future
discussion.
Mr. BRENT, of Baltimore city, said:
That in offering this amendment, he did not
design to reflect injuriously on Judges in this
Convention, but to be consistent with the princi-



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 201   View pdf image
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