Mr. DORSEY withdrew the second branch of
his amendment.
Mr. STEPHENSON moved to amend the fifth
section of the report, by striking out the word
"election," in the sixth line, and inserting "ap-
pointment;" striking out the word "elected," in
the seventh line, and inserting "appointed by
the Governor, by and with the advice and con-
sent of the Senate," striking out in the eighth
line the words, "by a plurality vote of the legal
and qualified voters therein;" and by striking out
the word "election" in the tenth line, and inser-
ting "by appointment."
Mr. SPENCER. I wish to make an explanation
with regard to a vote I gave on Saturday. On
the motion made on Saturday by the gentleman
from Anne Arundel [Mr, Donaldson] to strike
out, and insert a provision for the selection of
persons by the legislature from whom the Gov-
ernor should appoint, I voted against the mo-
tion to strike out, because the only proposition
before the House was to insert the matter offer-
ed by the gentleman from Anne Arundel; and be-
cause under the rules of the House, any other
motion to strike out and insert different matter
would be in order. I shall vote for the proposi-
tion of the gentlemen from Harford county. I
do not know that I should have moved it myself,
thinking that the question is so far decided that
it would be a mere consumption of time to de-
bate or to move such a proposition. The great
reform in my opinion consists in the limitation
of the tenure, and in the reduction of the num-
ber of the judges. He looked upon this as a
test vote.
Mr. BOWIE asked for a division of the ques-
tion, and the question was accordingly stated to
be first upon striking out.
Mr. STEPHENSON wished this to be considered
as a test vote, and would prefer to have the
question taken without division for that reason.
Mr. BOWIE said that it would be a test vote
either way.
Mr. SPENCER. This question has never yet
been submitted to the Convention. I consider
this motion as a test question, and shall there-
fore vote to strike out,
Mr. BISER demanded the yeas and nays,
Whice were ordered,
And being taken, resulted—yeas 18; nays 45—
as follows:
Affirmative—Messrs. Lee, Chambers, of Kent,
Donaldson, Wells, Weems, Dalymple, Colston,
Hicks, Hodson, Goldsborough, Eccleston, Phelps,
Sprigg, Spencer, Fooks, Jacobs, Sappington,
and Stephenson.—18.
Negative—Messrs. Ricaud, Pres't, pro tem.
Morgan, Mitchell, Dorsey, Howard, Buchanan,
Bell, Welch, Lloyd, Sherwood, of Talbot, John
Dennis, Crisfield, Dashiell, Miller, Bowie, Tuck,
George, Wright, Dirickson, McMaster, Shriver,
Johnson, Gaither, Biser, Annan, Nelson, Ste-
wart of Caroline, Hardcastle, Gwinn, Stewart,
of Balt. city, Brent, of Balt. city, Sherwood, of
Balt. city, Ware, Schley, Fiery, Harbine, Brew-
er, Anderson, Weber, Hollyday, Slicer, Fitz-
patrick, Smith, Parke and Shower—45. |
So the Convention refused to strike out.
Mr. HICKS moved to amend the fifth section by
striking out the word "ten," and inserting in lieu
thereof, "fourteen," and after the work "and,"
insert "shall not," and by striking out the words
"until he shall have obtained the age of seventy
years, and not after,"
Mr. HICKS said:
I have taken fourteen years, for the reason that
we have determined, by our action this morning
to have biennial session of the Legislature. I
would prefer a longer time, because I believe it
would tend to lessen agitation. I move this
amendment, however, because I believe that in
this matter I am on the side of the people, being
of the opinion that their interests require an in-
dependent judiciary. I have no opposition to the
election of judges by the people, provided you
make their tenure reasonably long, give them
good salaries, and hold out to them no promise
for re-appointment or re-election, as the case
may be. I desire to see them placed in a position
in which they will feel their independence, and
by which all political agitation, so far as the
election of these important offices are concerned
will be avoided. I hope my amendment will
prevail.
Mr. BOWIE asked a division of the question on
striking out and inserting.
Mr. DORSEY gave notice that if the motion to
strike out should be agreed to, he would move
to insert twenty years.
Mr. BOWIE asked the yeas and nays on the
amendment of Mr, HICK,
Which were ordered,
And being taken resulted as follows:
Affirmative—Messrs. Ricaud, Pres't, pro tem.,
Lee, Chambers, of Kent, Mitchell, Dorsey,
Wells, Weems, Dalrymple, John Dennis, Da-
shiell, Hicks, Hodson, Goldsborough, Eccleston,
Phelps, Tuck, Fooks and Jacobs—18.
Negative—Messrs. Morgan, Howard, Buch-
anan, Bell, Welch, Lloyd, Sherwood, of Tal-
bot, Colston, Miller, Bowie, Sprigg, Spencer,
George, Wright, Dirickson, McMaster, Shriver,
Johnson, Gaither, Biser, Annan, Sappington,
Stephenson, Nelson, Stewart, of Caroline, Hard-
castle, Gwinn, Stewart, of Baltimore city,
Brent, of Baltimore city, Sherwood of Baltimore
city, Ware, Schley, Fiery, Harbine, Brewer,
Anderson, Weber, Hollyday, Slicer, Fitzpa-
trick, Smith, Parke, and Shower,—43,
So the Convention refused to strike out.
Mr. DORSEY then moved to amend the section
by striking out the word "ten," and inserting in
lieu thereof, the word "twenty," and asked the
yeas and nays on his motion.
Some discussion ensued on a point of order,
which was participated in by Messrs. SPENCER,
DORSEY and TUCK.
The yeas and nays were then ordered, and the
question being taken on agreeing to the amend-
ment of Mr. DORSEY, it was rejected by the
following vote:
Affirmative—Messrs. Ricaud, Pres't pro tem.,
Lee, Chambers of Kent, Mitchell, Donaldson,
Dorsey, Wells, Randall, Weems, John Dennis, |
