by inserting after the word "law," these words,
"being a citizen of the United States and," also
by striking out the words "a citizen," and insert-
ing in lien thereof "an inhabitant."
Mr. KILGOUR moved that the Convention ad-
journ.
And the question being taken, it was deter-
mined in the affirmative.
And the Convention accordingly adjourned un-
til Monday morning half past 11 o'clock.
MONDAY, April 21,1851.
The Convention met at half-past eleven o'clock
pursuant to the order heretofore adopted.
Prayer was made by the Rev. Mr. GRAUFF.
The proceedings of Saturday were read.
On motion of Mr. WELCH, it was
"Ordered, That the committee on militia, en-
quire into the expediency of inserting a clause in
the Constitution requiring all persons, (not ex-
empted by law,) who refuse to do military duty,
to pay a fine of , the amount of
which fine, to be distributed among the several
volunteer corps in this State.
Mr. WEEMS presented the accounts of sundry
persons for newspapers, stationery, etc., furnish-
ed the Convention.
Which on his motion,
Were referred to the committee on accounts.
THE JUDICIARY.
The Convention then resumed the considera-
of the order of the day, being the report No. 13,
submitted by Mr. BOWIE as chairman of the com-
mittee on the judiciary.
The question pending before the Convention on
Saturday, being on the amendment offered by
Mr. CRISFIELD, to the fifth section of said re-
port,
Mr. BOWIE moved for a division of the question
on striking out;
Which was ordered.
Mr. JACOBS moved the question be taken by
yeas and nays;
Which were ordered.
Mr. CRISFIELD said:
He thought it would beapparent to every mem-
ber of the Convention, that the number of three
judges was not sufficient. He took it that the
county courts or the courts below, would be com-
posed of one judge, and if a case should go to the
Court of Appeals, and that court be composed of
three judges; one of those judges might take one
view of the case, while the other two might be
for reversing the decision below, and the result
would be, that we would have two judges, not
more learned or competent, overruling the opin-
ions of two other judges whose talents and char-
acter entitled them to equal respect.
He was for perfecting the system according
to the principles which had been established, and |
he thought they all ought to unite in giving to
the Court of Appeals, such a number of judges
as would command the respect of the State, and
a greater number than three would, in his opin-
ion, command more respect. If his amendment
should be adopted, he would follow it up with
another motion, to the effect that no judgment
of reversal should be entered except with the
concurrence of three judges.
He thought that three of that body ought to con-
cur inreversing a decision of the judges below.
He repeated that some greater number of judges
than three would be more likely to command the
respect of the people of the State. He would
not say exactly, what he thought should be the
number; but, if he might judge from the opin-
ions he had heard expressed on that floor, in the
course of debate, he should suppose there was a
very large majority of the Convention, who con-
curred in the necessity of making the Court of
Appeals consist of four judges at least.
He had heard a number of gentlemen express
their sentiments on the subject, and the majority
of them rather inclined to five than three. Now,
if four judges were to be elected by the people
he had adopted a mode of electing them from
districts which had already been approved of by
the Convention in reference to the board of pub-
lic works. He had provided that the Eastern
Shore should be one district—and should elect
one of the judges of the Court of Appeals—West-
ern Maryland, another—the city of Baltimore a
third—and the southern portions of Maryland a
fourth. That mode of districting the State had
received, as he had before remarked, the approval
of this body, in the manner of districting the
State for the election of a board of public works.
He would, therefore, with these few brief re-
marks offer his amendment.
Mr. BOWIE said, it was very well known that,
as a member of the judiciary committee, he had
advocated five judges for the Court of Appeals.
It was his opinion that the Court ought not to
consist of less than that number, but the majority
of the committee, in their wisdom, had thought
proper to report in favor of three. He must say
that he had no particular objection to the amend-
ment of the gentleman from Somerset, (Mr.
Crisfield.) He thought there was a great deal of
propriety in what that gentleman had said. He was
perfectly willing that the vote of the Convention
should be taken on the amendment submitted by
the gentleman.
Mr. TUCK would make one or two remarks be-
fore the question was taken. He thought it
would be better to have four districts according
to the arrangement adopted for the election of
State Commissioners. It was right, as far as
possible, to keep these elections out of the arena
of politics. This could best be done by having
the elections on different days. As this has been
determined otherwise, Mr. T. thought some mis-
chief might be prevented by having a court equal-
ly divided in politics, as would probably be the
case if four districts were arranged as proposed.
He thought there was little force in the objec-
tions, urged to an even number. If the Court |
