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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 486   View pdf image
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486
Mr. PHELPS thereupon renewed the motion,
that the order be laid upon the table.
Mr. HARBINE asked the yeas and nays, which
were ordered.
And the question "shall the order be laid upon
the table," was then taken and resulted as fol-
lows:
Affirmative—Messrs. Morgan, Ricaud, Lee,
Chambers of Kent, Mitchell, Donaldson, Dor-
sey, Wells, Randall, Kent, Weems, Dalrymple,
John Dennis, Crisfield, Dashiell, Hicks, Golds-
borough, Eccleston, Phelps, Bowie, Tuck,
Sprigg, Spencer, Grason, George, Wright, Di-
rickson, McMaster, Hearn, Jacobs, Davis, Kil-
gour and Smith—33.
Negative—Messrs. Chapman, President; Sell-
man, Brent of Charles, Merrick, Buchanan, Bell,
Welch, Ridgely, Lloyd, Sherwood of Talbot,
Colston, Miller, Bowling, Thomas, Shriver,
Johnson, Gaither, Biser, Annan, Sappington,
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, Web-
er, Hollyday, Slicer, Fitzpatrick, Parke and
Shower—40.
So the Convention refused to lay the order on
the table.
The question then recurred upon the motion of
Mr. SPENCER, to postpone said order until Tues-
day next.
Mr. SPENCER withdrew the motion.
Mr. BRENT, of Baltimore city, offered as a sub-
stitute for said order, the following:
" Ordered. That after this day, no member
shall be allowed to debate the judiciary report
longer than half an hour, and that all debate on
this subject, shall cease on Thursday, 25th of
April, at twelve o'clock, except so far as to al-
low the mover of any proposition or amendment,
ten minutes for explanatory remarks."
Which was read.
Mr. ANNAN accepted the substitute.
Mr. PHELPS moved to amend said substitute by
striking out "half an hour" and inserting in lieu
thereof "one hour."
Determined in the negative.
The question then recurred upon the adoption
of the order.
Mr. BRENT, of Baltimore city, moved the
question be taken by yeas and nays,
And being ordered,
Appeared as follows:
Affirmative— Messrs. Chapman, Pres't, Sellman
Buchanan, Bell, Welch, Ridgely, Lloyd, Sherwood,
of Talbot, Colston, Thomas, Shriver
Johnson, Gaither, Biser, Annan, Sappington
McHenry, Nelson, Stewart, of Caroline, Hard
castle, Gwinn, Stewart, of Baltimore city
Brent, of Baltimore city, Sherwood of Baltimore
city. Ware, Schley, Fiery, Neill, Harbine
Brewer, Anderson, Weber, Hollyday, Slicer
Fitzpatrick, Parke, and Shower,—37.
Negative—Messrs. Morgan, Ricaud, Lee
Chambers, of Kent, Donaldson, Dorsey, Wells
Randall, Kent, Weems, Brent, of Charles
Merrick, John Dennis, Crisfield, Dashiell, Hicks
Goldsborough, Eccleston, Phelps, Miller, Bowie,
Tuck, Sprigg, Bowling, Spencer, Grason,
George, Wright, Dirickson, McMaster, Hearn,
Fooks, Jacobs, Davis, Kilgour and Smith—36.
So the older was adopted,
Mr. SPENCER gave notice that at the proper
time, he should offer the following amendments
to the report of the judiciary committee, which
he desired should be entered upon the record.
Amendment to the second sections
"The Court of Appeals shall consist of a chief
justice and three assistant justices, any three of
whom shall form a quorum, whose judgment
shall be final and conclusive in all cases of ap-
peals, and who shall have like jurisdiction with
the present court of appeals, of this State, and
such other jurisdiction as may hereafter be pre-
scribed by the General Assembly of Maryland.
The Governor for the time being, by and with
the advice and consent of the Senate, shall de-
signate the chief justice. Their salaries shall be
respectively twenty-file hundred dollars per year,
and shall not be diminished during their continu-
ance in office."
Substitute for fifth section:
"Sec. 5 The State shall be divided into four
districts, as prescribed in section of this
Constitution, and one person of integrity and
sound judgment in the law, who shall have been
a citizen of this State at least five years, and a.
resident of the district, and not above the age of
years, shall be appointed by the Go-
vernor for the time being, by and with the ad-
vice and consent of the Senate, from each of
said districts, as ajudge of the said Court of Appeals,
who shall hold his office for the term of
ten years from the time of his appointment, or
until he shall have attained the age of
years, which ever may first happen, and be re-
eligible thereto until he shall have attained the
age of years, and nut afterwards.
Sec. 6. The judges of the Court of Appeals
and of all other courts in this State, during the
term of their appointment shall be subject to re-
moval for incompetency, in the neglect of duty,
misdemeanor in office, and such other causes as
may be prescribed by law, by presentment of
the grand jury and conviction of a petit jury of
the county in which they shall respectively re-
side, or by the Governor upon the address of the
General Assembly, two-thirds of the members of
each house concurring in said address,"
Mr. TUCK, chairman of the committee to con-
sider and report respecting the appointment,
tenure of office, duties and compensation of all
civil officers, not embraced in the duties of
other standing committees, submitted the following

REPORT.
The committee "to consider and report res-
peering the appointment, tenure of office, duties
and compensation of all civil officers not em-
braced in the duties of other standing committees,"
respectfully submit the following; report:
1st. Of the lottery commissioner; there shall
be one lottery commissioner who shall perform
the duties now or that may hereafter be pre-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 486   View pdf image
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