vote, he must account for it to his constituents.
But it is said that the vote of a thin house is en-
titled to little influence, and is more likely to be
reconsidered. That depends less on the number
of members present, than on the majority given;
and I think the proposition of the gentleman from
Anne Arundel, will be rejected by so large a
vote, that the decision will carry with it all the
influence to which my colleague alludes.
Mr. JOHNSON rose to a point of order, that the
motion of Mr. SPENCER being accompanied with
reasons for the adjournment, was not in order.
The presiding officer, [Mr. RICAUD,] ruled
that the motion to adjourn was in order; but
could not be accompanied with reasons for the
motion.
Mr. SPENCER then withdrew the reasons, and
moved the Convention adjourn, requesting that
the reason of the original motion and of the mod-
ification, be entered upon the journal.
The yeas and nays having been ordered, were
taken, and resulted—yeas, 10; nays, 58—as
follows:
Affirmative—Messrs. Morgan, Lee, Mitchell,
Donaldson, Dorsey, Wells, Randall, Weems, John
Dennis, and Spencer—10.
Negative—Messrs. Ricaud, president pro tem.,
Chambers of Kent, Kent, Merrick, Howard,
Buchanan, Bell, Welch, Lloyd, Sherwood, of
Talbot, Colston, Crisfield, Dashiell, Hicks, Goldsborough,
Eccleston, Phelps, Miller, Bowie, Tuck,
Sprigg, Bowling, Grason, George, Wright. Di-
rickson, McMaster, Hearn, Fooks, Jacobs, Shri-
ver, Johnson, Gaither, Biser, Annan, Sapping-
ton, Stephenson, McHenry, Magraw, Nelson,
Stewart of Caroline, Hardcastle, Gwinn, Sher-
wood of Bait. city, Ware, Schley, Fiery, Neill,
Harbine, Kilgour, Brewer, Anderson, Weber,
Hollyday, Slicer, Smith, Parke and Shower—58,
So the Convention refused to adjourn.
Mr. SPENCER, (with the consent of the Con-
vention) withdrew the substitute offered by him
on yesterday, for the 5th section of the report.
Mr. CRISFIELD, The principle feature of the
substitute which I offered, having been voted
upon, the tenure of the judge, I take it for granted,
that that principle is settled and determined,
whatever may be the mode of electing. I there-
fore am not disposed to embarrass the Conven-
tion by useless votes. I acquiesce in the decision
which has been made; and shall from this time
forth endeavor to perfect asystem, which under
other circumstances I should be opposed to. I
therefore withdraw my amendment.
The question recurred upon the first division
of the amendment of Mr. DONALDSON, being
upon striking out.
Mr. TUCK made a few remarks.
Mr. MERRICK. I will say, merely, that my
convictions are very strong and very clear in favor
of electing judges by the people. The difference
between my friends from Prince George's
does not extend to Charles county. The subject
was canvassed in that county, and there is a universal
concurrence on the part of those whom I
represent, with my own opinion upon the subject |
I shall, therefore, vote most cheerfully against
the proposition to strike out, and in favor of the
retention of the election by the people of these
high functionaries. It was my desire to have
given, in a succinct form, the reasons for the
faith that is in me on that subject. Unfortunate-
ly I have been afflicted by serious indisposition,
and am still too unwell to explain those reasons
by remarks of half an hour's duration. But that
there may be no misconception, I have taken the
liberty to state the naked fact, that my opinion
is fixed, firm, clear and unequivocal. I believe
it to be the wisest and best posible mode of se-
lecting those functionaries to elect them by the
votes of the people. I believe that no agent will
ever do the work so well as the mailer. The peo-
ple are the persons upon whose intelligence I rely.
Upon their fidelity to themselves all the hopes of a
free and happy government rest. If the time should
ever come when they will be unfaithful to them-
slves and incapable of selecting proper agents to
exercise a portion of their sovereign power, they
will and they should suffer by it. At present
there is little doubt that the people of the State
of Maryland are sufficiently informed, sufficiently
virtuous and sufficiently faithful to themselves
and the principles of liberty, order and law to
make judicious, righteous and wise selections,
and much better than would be likely to be made
for them by any agents they could designate. I
therefore have no difficulty on this subject, and
shall vote steadily throughout upon this great
principle.
Mr. PHELPS. I have not risen for the purpose
of making a speech, but merely to place upon re-
cord my position with regard to this question.
My honorable friend from Charles has said that
this matter was fully discussed in the county
which he represents. I do not say one word
with regard to the opinions of my colleagues, all
of whom are better prepared to speak for them-
selves than I am to speak for them. But I deem
it right and proper to say, that so far as I was
personally concerned in the canvass in our coun-
ty, on every occasion on which I addressed the
people of my county, I stated that I would not
vote for any bill to elect the judges by the peo-
ple. I said that if I knew that I should lose eve-
ry vote in my county, I would not vote for an
elective judiciary. I shall vote for the propo-
sition of the gentleman from Anne Arundel, (Mr.
Donaldson,) for the General Assembly to recom-
mend three persons to the Governor for his se-
lection. But if the decision of the Convention
should be against my judgment, I shall then cast
such votes upon the remaining questions of this
bill as the circumstances which surround me may
indicate to be right and proper.
Mr. BOWIE. I should not have said a word
but for the remarks of my colleague, (Mr. Tuck.)
It is true that we had no canvass at all among
the people on this subject, I believe I was nomi-
nated for this seat when I was absent; perhaps
my friend and colleague was also. I never ad-
dressed the people upon the subject. I never
attended a political meeting in my own county.
But for years I have uniformly held the opinion |
