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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 466   View pdf image
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466
quire that a foreigner shall reside in the State
fifteen years, and a native citizen of another
State ten years, before he shall be qualified for
the office of Governor, if he comprehended the
force of the language employed, it certainly
called for the term of residence which he had
stated. He thought that the proposition of the
gentleman would produce the very evil which
he had stated it to be his intention to obviate.
The question then recurred en the amendment
of Mr SPENCER.
Mr. GWINN asked the yeas and nays, which
were ordered, and being taken, resulted as fol-
lows:
Affirmative—Messrs Blackistone, President,
pro tem., Dent, Hopewell, Ricaud, Lee, Cham-
bers, of Kent, Donaldson, Bond, Brent, of
Charles, Jenifer, Crisfield, Dashiell, Hicks, Hod-
son, Goldsborough, Eccleston, Sprigg, Spencer,
Dirickson, McMaster, Fooks, Jacobs, Stewart,
of Baltimore city, and Davis— 29.
Negative—Messrs. Dorsey, Wells, Kent, Sol-
lers, Buchanan, Bell, Welch, Lloyd, Dickinson,
Colston, Constable, Chambers, of Cecil, Miller,
McLane, McCubbin, Grason. Shriver, Gaither,
Biser, Annan, Sappington, McHenry, Magraw,
Nelson, Hardcastle, Gwinn, Ware, Schley, Fiery,
Neill, Jno Newcomer, Michael Newcomer. Kil-
gour, Weber, Hollyday, Slicer, Parke, Cockey
and Brown—39.
So the amendment was rejected.
Mr. GWINN withdrew his amendment.
Mr, BROWN then moved to strike out the 6th
section in said report, and substitute in lieu of
it the following:
No person except a citizen of the United
States, shall be eligible to the office of Govern-
or, nor shall any person he eligible to that office,
who shall not have attained the age of thirty
years, and who shall not have been five years
next preceeding his election, a resident within
this State, and for three years a resident of the
district from which he was elected.
The substitute having been read,
Mr. WARE moved for a division of the ques-
tion on striking out.
Mr. SOLLERS asked the gentleman who moved
the amendment, to state the difference between
this substitute and the proposition as it stood.
Mr. BROWN explained.
Mr. SOLLERS submitted that the only differ-
ence was in the taste and the wording.
Mr. SPENCER. submitted that a substantial dif-
ference existed; and he explained.
Mr. SOLLERS persisted that there was no sub-
stantial difference between the two propositions.
Mr. BROWN asked the yeas and nays,
Which were ordered, and,
Being taken, resulted as follows :
Affirmative—Messrs. Constable, Chambers, of
Cecil, McCullough, Miller, McLane, Shriver,
Biser, McHenry, Magraw, Gwinn, Stewart, of
Baltimore city, Michael Newcomer, Weber,
Slicer, Parke, Cockey and Brown—17.
Negative— Messrs. Blackistone, President pro
tern , Dent, Hopewell, Ricaud Lee, Chambers,
of Kent, Donaldson, Dorsey, Wells, Randall,
Kent, Bond, Sollers, Brent, of Charles, Jenifer,
Buchanan, Bell. Welch, Lloyd, Dickinson. Col-
ston, Crisfield, Dashiell, Hicks, Hodson, Golds-
borough, Eccleston, Sprigg, McCubbin, Spen-
cer, Grason, McMaster, Fooks, Gaither, Annan,
Sappington, Hardcastle, Ware, Schley, Fiery,
Neill, John Newcomer, Davis, Kilgour, Dirickson
and Hollyday—46.
So the Convention refused to strike out the
sixth section.
The sixth section was then adopted.
The seventh section of the report was read
as follows:
Sec. 7. In case of death or resignation of the
Governor, or of his removal from the State, the
General Assembly if in session, or if not, at
their next session, shall by joint ballot elect
some other qualified resident of the same dis-
trict, to be the Governor for the residue of the
term for which said Governor had been elected.
Mr. GRASON moved to amend the said section.
by striking out in the 3d line ''by joint ballot,"
and inserting in lieu thereof, the words, "by the
joint vote."
The seventh section as amended, was then
adopted.
The eighth section of the report was then read
as follows:
Sec. 8. And in case of any vacancy in the
office of Governor during the recess of the Leg-
islature, the President of the Senate shall dis-
charge the duties of said office till a Governor is
elected by the two Houses; and in case of the
death or resignation of said President, or of his
removal from the State, or of his refusal to serve,
then the duties of said office shall, in like man-
ner, and for the same interval, devolve upon the
Speaker of the House of Delegates, and the Leg-
islature may provide by law for the case of im-
peachment or inability of the Governor, and declare
what person shall perform the executive
duties during such impeachment or inability;
and for any vacancy in said office, not herein
provided for, provision may be made by law,
and if such vacancy should occur without such
provision being made, the Legislature shall be
convened by the Secretary of State for the pur-
pose of filling said vacancy.
Pending this section—
The Convention adjourned until to-morrow
at ten o'clock.
TUESDAY, March 11,1851.
The Convention met at ten o'clock.
Prayer was made by the Rev. Mr. GRAUFF.
The roll was called, and the journal of yester-
day was read.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 466   View pdf image
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