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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 522   View pdf image
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522
tion, and had been withdrawn. He now re-
newed the motion that there be a call of the
Convention, and he should not withdraw it.
Several Voices: There is a quorum present,
Mr. BOWIE. A bare quorum.
Mr. SPENCER. A bare quorum—but we want
that all the members who are in the city should
be in attendance,
Mr. BOWIE. I understand there is a full Con-
vention in the city,
Mr. SPENCER. I insist on my motion that
there be a call of the Convention,
Five members voting in favor of the motion,
as required by the rule, a call of the Convention
was ordered.
And the roll was called.
Mr. BROWN moved that all further proceed-
ings on the call be dispensed with.
The question was taken on that motion, but
no quorum voted.
Mr. SPENCER said, he had one object in view
in the motion which he had made. The Con-
vention was now progressing with its labors,
and he was anxious that they should be brought
to a close as speedily as possible. Questions
were pending upon which it was not probable
there would be a debate. Some of these ques-
tions, he supposed, would come in immediately.
One of them was the motion of which the gen-
tleman from Kent (Mr. Chambers) had yester-
day given notice, to reconsider the vote of the
Convention on the amendment offered by the
gentleman from Somerset (Mr, Crisfield) on
the 19th instant, and subsequently rejected, in
relation to four Judges for the Court of Appeals.
He did not suppose there would be any debate
upon it. Such he supposed would be the case
in relation to other questions. And if gentle-
men would not attend, he thought it was the
duty of the Convention to compel them to do so.
He was sincere in tins opinion, and he intended
to move that the Sergeant-at-Arms be sent to
compel the attendance of the absent members.
He now gave notice that, from this time to the
close of the session, if the members were not
in their places, he would move a call of the
Convention and would ask for the yeas and
nays on the motion, so that it might appear on
the record who were present and who absent.
Mr. S. concluded by moving that the Ser-
geant-at-Arms be sent to require the attendance
of such absent members as were in the city.
The Chair suggested that the time had not
yet arrived for such a motion) inasmuch as the
door keeper, who had been sent to notify the
absent members to attend, had not yet returned.
Mr. GWINN moved that all further proceed-
ings on the call be dispensed with,
Mr. SPENCER asked the yeas and nays on that
motion., which were ordered, and being taken
were yeas 40, nays 24.
So the Convention refused to suspend further
proceedings on the call.
Mr. HOWARD inquired whether gentlemen
were not satisfied with the names of the ab-
sentees being recorded. He thought it would
bebetter that the Convention should proceed to
business. Why should they be fighting the air
here, waiting for the presence of gentlemen
who were not in the city His own opinion
was, that the best plan was that the Convention
should go to its work like the railroad cars—let
those who were in stay in, and these who were
out stay out. When the lime came to start let
them start. However, that was a matter of
opinion.
He moved that all further proceedings on the
call be dispensed with.
Mr. SPENCER said he did not desire to pro-
duce delay. His object was not to get the
names of gentlemen on the journal. His ob-
ject was to secure the attendance of members,
in order that the Convention might proceed to
dispose of its business. The business was await-
ing the action of the Convention, but its mem-
bers were not present.
Mr. HOWARD. There are sixty-four members
present.
Mr. SPENCER. I know there are. But there
is a much fuller attendance in the city, and I
wish to see gentlemen here when the vote is
taken on questions so important as those which
are now before us.
The question was then taken on the motion
of Mr. Howard, and decided in the affirmative.
So further proceedings on the call were dis-
pensed with.
Mr. HICKS said: I am not disposed, Mr Presi-
dent, to consume the time of this body by any
remarks of mine upon this subject. To my mind,
it is a self-evident thing—its propriety, its im-
portance, must, at the very first glance, present
itself to the mind of every gentleman upon this
floor. I will say no more (for I said last Saturday all
that I can say now in this connection) than merely
to add that I desire, above all things connected
with the performance of our duties here, to see an
independent judiciary. I do not think I am sin-
gular upon this subject. I have not the slightest
doubt that every member has this same feeling,
and is as anxious to secure an independent judiciary
as I am; the only difference between us is
that one expects to bring it about by one mode,
and others by another mode. I would greatly
have preferred a longer term; but I am satisfied,
as it has been so clearly manifested by this body
to make the term ten years, with that period. I
prefer the election of judges by the people; but in
doing that, I desire to see the judges, when elected,
placed upon a high and independent ground.
This is a department of our Government I look
to with greater concern, with a greater degree
of anxiety, than all the rest. It will go down to
those who are to follow us, for weal or for woe.
Give us a sensible, sound, and independent judiciary
and we are safe,—our lives, liberty, fami-
lies, fortunes and all depend upon it.
Mr, BOWIE said I will make one or two re-
marks. I think that the object which the gentle-
man professes to have in view will be better ac-
complished by striking out this word than by any
other mode he could possibly have conceived. I
want, too. an independent judiciary, and I believe
that the only way in which we can secure one
will be. in the first place, to make the term of
the office long enough to secure the very best ta-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 522   View pdf image
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