speak, seems to be a matter of grave and serious
discussion. Will gentlemen farce members to
speak? Cannot gentlemen think without speak-
ing, and do those who speak most, think most?
The complaint is, that gentlemen will not dis-
cuss, I think they are showing their good sense
by coming to a vote.
Gentlemen can understand subjects for them-
selves, and they do not want perpetual discus-
sion upon everything. Many may speak in order
to hunt up a thought, and speak an entire day
without finding one. Cannot gentlemen read the
bills, think them over, and digest them, and then
go to their work and vote. I rejoice to find in
this hall adisposition to vote more and to talk
less.
Mr. SPENCER. I suppose that no one here de-
sires to force members to speak. The difficulty
is, that there are so few here. I know that there
are gentlemen who are absent, and who want to
vote upon this question. I know that they went
away because they supposed the vote would not
be taken until next week. I cannot concur in
the opinion that the Convention may remain un-
til the close of the session with so thin a house as
this. I believe that there will be more members
present hereafter.
Mr. BUCHANAN. I should like, above all
things, to gratify my excellent friend from Queen
Acne's, [Mr. Spencer.] I should like to be able
to concur with him now. I could not concur
with him yesterday, and perhaps in the few re-
marks I then had the honor to submit to the
Convention, I may have given evidence of my
disagreement in a manner not altogether accep-
table to himself. I take this early and this vol-
untary opportunity, to say that there is no man in
this Convention or out of it, whom I should be
more indisposed to wound or to offend, as the
honorable gentleman who sits now upon my left,
[Mr. Spencer.] But I am sure that with the
best intentions in the world, he is wrong now.
in candor I am obliged to say that that is my
judgment. What is the posture of the case?
We have been engaged for two days, I believe,
upon the subject of the judiciary report. It was
a most absorbing subject. The great question
involved in it, however, in which everybody felt
an interest, was in reference to the mode of ap-
pointment. Yesterday we took a vote upon that
subject, and as my friend from Prince George's
says, it is settled every where throughout the
State now, that the judges are to be elected by
the people. The vote yesterday was a test vote
in reference to the election by the people. I had
the honor some time ago to say, that I believed
that after the first day of April, we should have
great difficulty in obtaining a quorum. We have
been a little more successful, than I expected,
attributable as much, I think, to the untoward-
ness of the weather for agricultural purposes, as to
any other cause, in keeping a quorum here. But
I am confident in the opinion, that from this time
you will not be able to have, on any occasion,
when the question of the judiciary is under con-
sideration, a House beyond the present They
leave these matters of detail to the few. The |
members of the House choose to confide a good
deal in the committee themselves, who reported
this bill, and a good deal to the members of the
bar in reference to the details of the bill. They
leave the details to be adjusted very much by
them. The great principles in which they were
concerned, the question of the mode of eligibility
and of the tenure of office, I suppose no one will
deny is settled. I suggest then, that we go on
and take a vote upon the proposition of the gen-
tleman from Anne Arundel, [Mr. Donaldson.] If
we dispose of that, we shall have progressed so
far. Then there is another question, with regard
to the electoral college, which has been, I think,
sufficiently discussed. At all events there are
enough speakers here to occupy the time if
they are inclined to speak. If we lose the bal-
ance of this day, because men won't speak and
won't vote, what will our constituents say to
that ? Let us vote so far as we can, and let our
constituents know that we are advancing.
After a brief conversation upon a point of
order,
Mr. SPENCER moved a call of the House.
Which was ordered.
Mr. TUCK suggested that the House be coun-
ted, instead of taking up the time by a call of the
House.
Mr. SPENCER. I am content with that.
The Sergeant-at-arms, having counted the
members,
The PRESIDENT announced that there were
sixty-four members in attendance.
Mr. SPENCER moved that the Convention do
now adjourn until Monday morning, there being
only sixty-four members now in attendance.
Mr. GWINN. On that I ask for the yeas and
nays.
Mr. SPENCER. I will ask it myself, and save
you the trouble.
The yeas and nays were ordered.
Mr. GRASON said he had always apprehended
great difficulty in establishing a proper judicial
system. He had examined the bill of the com-
mittee, and though he disapproved of many of
its provisions, he thought that the question had
as well be discussed now as at any other time,
and whatever might be the decision of the Con-
vention, in relation to the tenure of the judges,
or their mode of appointment, he should cheer-
fully, as he always did, bow to the will of the
majority.
I was opposed to fixing a particular day for
taking the vote on the judiciary bill, because it
involved a variety of important questions which
required discussion and reflection. Though op-
posed to the rule that had been adopted. I am in
favor of going on with the bill, and deciding upon
the amendments as they arise, until the whole
question is disposed of. I am opposed to any
postponement, on the ground of members being
absent. Every member of the Convention ought
to he made to understand that the public busi-
ness will not be delayed on account of his ab-
sence, and that if the settlement of important
questions should be affected by the loss of his |
