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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 583   View pdf image
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583
unfrequently happened that a person had to pay
four or five hundred dollars before being able to
get a trifling issue decided before the courts.
Then, with regard to the criminal docket, he
would ask, was it not cruel, and a great hard-
ship, to keep a poor man lying in jail six months,
awaiting his trial, when a jury could, had an
opportunity been afforded, perhaps have de-
clared him perfectly innocent of the charge al-
leged against him?
He would ask gentlemen, both from the large
and small counties, whether it was not altogether
wrong and inhuman to incarcerate a person that
length of time, before he could be brought to trial
to prove his innocence? He [Mr J.] trusted
there was a disposition on the part of the Conven-
tion to mete out justice to all, and correct these
abuses in the administration of justice.
Mr. MCMASTER thought the amendment pro-
posed by the gentleman from Frederick (Mr.
Johnson) was unnecessary, as provision was al-
ready made in the bill under consideration, au-
thorizing the legislature to pass an act to enable
the citizens of any of the districts to hold courts
twice a year in each county, if they should think
proper.
Mr. W, C. JOHNSON remarked, in reply, that
ho thought it was imperative that three courts
should be held in each year.
Mr. THOMAS would state a fact to the Conven-
tion. When he was a member of the House of
Delegates—
Mr. MCHENRY objected to the gentleman pro-
ceeding further.
The PRESIDENT. The Chair rules the gentle-
man from Frederick (Mr. Thomas) in order.
Mr. THOMAS. I was about to say—
Mr. MCHENRY I object, sir.
Mr, THOMAS, I don't know what the gentle-
man from Harford (Mr. McHenry) means.
Mr. MCHENRY said he would take an appeal
from the decision of the Chair.
The PRESIDENT again declared that the gentle-
man from Frederick had a right to proceed.
Mr. THOMAS waived his right to the floor, and
resumed his seat.
Mr W. C. JOHNSON then demanded the yeas
and nays, which being ordered and taken, resulted
as follows:
Affirmative—Messrs. Donaldson, Wells, Ran-
dall, Buchanan, McCullough, Thomas, Shriver,
Johnson, Gaither, Biser, Annan, Gwinn, Stew-
art, of Bait, city, Ware, Schley, Fiery, John
Newcomer, Harbine, Michael Newcomer, We-
ber, Holliday, Fitzpatrick, Ege and Shower—
23.
Negative—Messrs. Chapman, Pres't, Morgan,
Hopewell, Ricaud, Lee, Chambers, of Kent,
Mitchell, Kent, Sellman, Weems, Dalrymple,
Sollers, Brent, of Charles, Merrick, Howard,
Bell, Welch, Chandler, Ridgely, Sherwood, of
Talbot, Colston, John Dennis, Crisfield, Da-
shiell, Hicks, Hodson, Goldsborough, Eccle-
ston, Phelps, Miller, McLane, Bowie, Tuck,
Sprigg, McCubbin, Spencer, Grason, George,
Wright, Dirickson, McMaster, Hearn, Fooks,
Jacobs, Sappington, Stephenson, McHenry,
Nelson, Thawley, Stewart, of Caroline, Hard-
castle, Davis, Kilgour, Brewer, Waters, Ander-
son, Slicer, Smith, Parke and Brown—59.
So the amendment was rejected.
Mr. JENIFER gave notice of his intention,
when the substitute offered by him came up for
consideration, he should offer as an additional
section to come in after section 11th, the fol-
lowing, which he desired should be entered on
the record:
" Sec. 11. The Judges of the several inferior
judicial districts shall be elected by a plurality
vote of the legal and qualified voters residing
therein, and all elections of judges and other
officers provided for under this article of the
Constitution shall be certified, and the returns
made by the clerks of the respective counties,
to the Governor, who shall issue commissions
to the different persons, for the offices to which
they may have been respectively elected."
On motion of Mr. Phelps,
The Convention then adjourned until to-mor-
row morning, 9 o'clock.
FRIDAY, April 25.
The Convention met at 10 o'clock.
Prayer was made by the Rev. Mr, Graff.
The roll of the members was called.
The journal of yesterday was read.
FINAL ADJOURNMENT.
Mr. STEPHENSON offered the following reso-
lution:
Resolved, That this Convention will adjourn
sine die on the 10th of May proximo, unless ad-
journed at an earlier day in consequence of hav-
ing finished the business for which it was called.
The resolution having been read,
Mr. BOWIE suggested that it should be so
amended as to substitute the 6th day of May for
the 10th.
Mr. WEEMS called for the reading of the reso-
lution, and it was again read.
Mr. BOWIE, in view of the qualifying clause
in the last portion of his resolution, withdrew
his motion to amend.
Mr. THOMAS said he thought the Convention
could adjourn on an earlier day than that desig-
nated in the resolution, and he was disposed to
designate the 5th of May, provided it would fall
on a day of the week which would be conve-
nient.
Several voices. The 5th of May is Monday.
Mr. THOMAS. That will do. I move to
amend the resolution by substituting Monday
the 5th of May for the 10th.
The President stated the question to be on the
amendment.
Mr. SAPPINGTON. I accept it.
The question was then stated to be on the
adoption or the resolution as thus modified, and
it was adopted without a division.
So the Convention decided that it would


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 583   View pdf image
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