substituting that reported by him. He took it
for granted that the friends of the original pro-
position would perfect it, before the vote would
be taken upon the substitute.
Mr. BOWIE said that this would bring the mat-
ter to a direct vote. The substitute of the gen-
tleman from Somerset, provided that the judges
should be appointed by the Governor and the
Senate, and during good behaviour. Before the
vote should be taken, he should wish to say some-
thing upon this whole question.
Mr. CRISFIELD said that there was a radical
difference in the two reports, from beginning to
end. He did not wish to embarrass the original
bill, but simply to bring his substitute before the
Convention for their consideration, and to be
voted upon at a proper time. The original bill
would first be considered and perfected of course.
The substitute moved by Mr. CRISFIELD, was
read.
The first section of the report was then read as
follows:
Section 1. The judicial power of this State
shall be vested in a court of appeals, in county
courts, in such courts for city of Baltimore
as may be hereinafter prescribed, an in justices
of the peace.
Mr. BOWIE remarked that this would apply to
any sort of arrangement of the system of juris-
prudence, and suggested that it be adopted.
The section was then adopted.
On motion of Mr. BOWIE, the second section of
the report was passed over informally.
On motion of Mr. CRISFIELD,
The 3rd and 4th sections of the report were
passed over informally.
The 5th section of the report was then read, as
follows:
Sec. 5. The State shall be divided into three
judicial districts, one on the Eastern and two
on the Western Shore, which said districts shall
be laid off as the Gubernatorial districts are, and
one person from among those learned in the
law, having been admitted to practice the law
in this State, and who shall have been a citizen
of this State, at least five years, and above the
age of thirty years at the time of his election,
and a resident of the judicial district, shall be
elected from each of said districts by a plurality
vote of the legal and qualified voters therein, as
a judge of the said court of appeals, who shall
hold his office for the term of ten years from the
time of his election, or until he shall have at-
tained the age of seventy years, whichever may
first happen, and be re-eligble thereto until he
shall have attained the age of seventy years and
not after, subject to removal for incomptency,
wilful neglect of duty, misdemeanor in office
and such other causes as may be prescribed by
law, by presentment of a grand jury and convic-
tion of a petit jury of the county in which he
may reside, or by the Governor upon the address
of the General Assembly, two thirds of the mem-
bers of each House concurring in such address;
the salaries of the judges of the court of appeals
shall be two thousand five hundred dollars annu- |
ally, and shall not be diminished during their
continuation in office.
Mr. CRISFIELD moved as a substitute for the
5th section, the 4th section of the report sub-
mitted by him on the 18th of March, which was
read as follows:
"The judges of the court of appeals to be ap-
pointed in pursuance thereof, shall be citizens
of the United States, and shall have resided in
this State at least five years next before the
time of their respective appointments, and shall
continue to reside herein, while they act as
judges; they shall be selected from among those
who are most distinguished for integrity, wisdom
and sound legal knowledge, and appointed by
the Governor, by and with the advice and con-
sent of the Senate, and shall hold their offices du-
ring good behavior, removeable always for mis-
behavior on conviction in a court of law, or shall '
be removed by the Governor, upon the address
of the General Assembly, provided that two-
thirds of the members of each House concur in
such address; and shall each, at stated times, receive
for their services, a salary of twenty-two
hundred dollars per annum, which shall not be
diminished during the lime of their continuance
in office."
Mr. PHELPS moved to amend the 5th section
of the report of the committee by striking out in
the 8th line thereof these words, "a plurality
vote of the legal and qualified voters therein,"
and in inserting in lieu thereof "joint ballot of
the two Houses of the General Assembly of
Maryland."
Mr. BOWIE. This is, in my judgment, so far
as the mere private interests of the citizens of
the State of Maryland are concerned, to say no-
thing about their political rights, the most im-
portant question that has been or that can be
submitted to the consideration of this Conven-
tion. In my humble judgment, this is the very
question which, above all others, has induced the
people of certain portions of this State to consent
to the calling of a Convention for purposes of re-
form. I can very well understand that in the
larger and more populous portions of your State
the people have desired a change in the Consti-
tution, with a view of obtaining what they con-
ceive to be a larger share of the political admin-
istration of the government and the enlargement
of their political rights; and that this alone may
have led some of them to desire a reform.
But in the section from which I come, and on
the Eastern Shore of Maryland, and I may speak
for the entire southern portion of the State, no
such question, could have, for one moment, indu-
ced the people to have consented to a Convention
to reform the Constitution, because they would
have had sagacity and intelligence enough to
know, that by a change in the formation of the
basis of representation, they would necessarily
lose a portion of their political power. Yet,
looking to the fact as a fact, that in these very
portions of the State, we found the people agita-
ted upon questions of reform and change in the
Constitution, we would be at a loss to conjec-
ture the reasons why they should be influenced |
