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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 602   View pdf image
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602
The question then recurred in seconding the
demand for the previous question.
Mr. JOHNSON gave notice of his intention to
move to reconsider the vote of the Convention
on the amendment adopted to the substitute of-
fered by Mr. Michael Newcomer, on yesterday,
striking out "three judges" and substituting
"one judge." He said (hat the Convention had
already decided that the judges should be elect-
ed by the people, instead of being appointed by
the Governor, and they could elect judges
known by themselves to-be qualified to fill the
office, while the Governor appointed men to the
office on the recommendation of party friends,
without knowing their qualifications. This was
the great reform he desired.
The previous question was then seconded and
the question was stated, "shall the main ques-
tion be now put?"
Mr. CHAMBERS, of Kent, asked the ayes and
nays, which were ordered, and being taken were
as follows:
Affirmative.—Messrs. Howard, Bell, Welch,
Chandler, Lloyd, Sherwood, of Talbot, Eccles-
ton, Chambers, of Cecil, McCullough, Miller,
McLane, Spencer, Grason, George, Wright, Ja-
cobs, Thomas, Gaither, Biser, Annan, Sapping-
ton, McHenry, Magraw, Nelson, Thawley,
Gwinn, Sherwood, of Baltimore city, Ware,
Fiery, Neill, Harbine, Michael Newcomer,
Brewer, Weber, Holliday, Slicer, Fitzpatrick,
Parke, Shower and Brown—40,
Negative.—Messrs. Chapman, Pres't, Morgan,
Ricaud, Lee, Chambers, of Kent, Donaldson,
Wells, Randall, Kent, Sellman, Weems, Dal-
rymple, Brent, of Charles, Buchanan, John Den-
nis, Dashiell, Hodson, Phelps, Bowie, Tuck,
Sprigg, McCubbin, Dirickson, McMaster, Hearn,
Fooks, Johnson, Schley, John Newcomer, Kil-
gour, Waters .and Anderson—33,
So the main question was ordered to be now
put, viz: "Will the Convention accept the sub-
stitute offered by Mr Bowie?"
The yeas and nays were ordered on agreeing
to the substitute, and being taken, appeared as
follows:
Affirmative—Messrs. Chapman, President, Mor-
gan, Lee, Dalrymple, Buchanan, Bowie, Tuck,
Sprigg, McCubbin, Spencer, Kilgour, Brewer,
Anderson and Holliday—14.
Negative—Messrs. Ricaud, Chambers, of Kent,
Donaldson, Wells, Randall, Kent, Sellman,
Weems, Brent, of Charles, Howard, Bell,
Welch, Chandler, Lloyd, Sherwood, of Talbot,
John Dennis, Crisfield, Hodson, Eccleston,
Phelps, Chambers, of Cecil, McCullough, Mil-
ler, McLane, Grason, George, Wright, Dirickson,
McMaster, Fooks, Jacobs, Thomas, Johnson,
Gaither, Biser, Annan, Sappington, Mc-
Henry, Magraw, Nelson, Thawley, Gwinn,
Sherwood, of Baltimore city, Ware, Schley
Fiery, Neill, John Newcomer, Harbine, Michael
Newcomer, Davis, Waters, Weber, Slicer, Fitz-
patrick, Parke, Shower and Brown—58.
So the Convention refused to accept the sub-
stitute.
Mr. CHAMBERS, of Kent, gave notice that at
the proper time, he should move to reconsider
the vote of the Convention taken on yesterday,
adopting the second branch of the amendment
offered by Mr. Crisfield to the 9th section of the
report.
The question was then put,
Will the Convention accept the substitute as
offered by Mr. Michael Newcomer, and amended
on the motions of Messrs. Shriver and Johnson,
for the amendment proposed by Mr. Jenifer, as
the 10th section of the report?
Mr. BISER asked the yeas and nays.
Mr. JOHN NEWCOMER inquired if it would be
in order to move any amendment?
The PRESIDENT replied that it would not, the
previous question not yet having been exhausted.
Mr. SCHLEY inquired if it would be in order
to move a division of the proposition
The PRESIDENT was of the opinion that it
would not, as there was but a single proposition
pending. If the Convention should adopt the
proposition, it would then be competent to di-
vide the amendment.
The yeas and nays were then ordered on
agreeing to the substitute offered by Mr. New-
comer, and being taken, appeared as follows:
Affirmative—Messrs. Ricaud, Sellman, Bu-
chanan, Bell, Welch, Chandler, Ridgely, Sher-
wood, of Talbot, Crisfield, Dashiell, Eccleston,
Phelps, McCullough, Grason, George, Wright,
Dirickson, Fooks. Jacobs, Thomas, Johnson,
Gaither, Biser, Annan, Sappington, Magraw,
Thawley, Gwinn, Sherwood, of Baltimore city,
Ware, Schley, Fiery, Neill, John Newcomer,
Harbine, Michael Newcomer, Davis, Kilgour,
Brewer, Waters, Weber, Slicer, Fitzpatrick,
Parke, Shower and Brown—46.
Negative—Messrs. Chapman, President, Mor-
gan, Lee, Chambers, of Kent, Donaldson, Wells,
Randall, Kent, Dalrymple, Brent, of Charles,
Howard, Lloyd, John Dennis, Hodson, Chambers,
of Cecil, Miller, McLane, Bowie, Tuck,
Sprigg, McCubbin, Spencer, McMaster, Mc-
Henry, Anderson and Holliday—26.
So the Convention accepted the substitute,
The .question then .recurred on the adoption
of the article as amended.
Mr. BOWIE demanded the yeas and nays'
which were ordered, and being taken, were as
follows:
Affirmative—Messrs. Mitchell, Buchanan, Bell,
Welch, Chandler, Ridgely, Sherwood, of Tal-
bot, James U. Dennis, Crisfield, Dashiell, Ec-
cleston, Phelps, McCullough, Grason, George,
Wright, Dirickson, McMaster, Fooks, Jacobs,
Thomas, Johnson, Gaither, Biser, Annan, Sappington,
Magraw, Thawley, Gwinn, Sherwood,
of Baltimore city. Ware, Schley, Fiery, Neill,
John Newcomer, Harbine, Michael Newcomer,
Davis, Brewer, Weber, Slicer, Fitzpatrick,
Parke, Shower and Brown—45.
Negative—Messrs. Chapman, President, Mor-
gan, Ricaud, Lee, Chambers, of Kent, Donald-
son, Wells, Randall, Kent, Sellman, Dalrym-
ple, Brent, of Charles, Jenifer, Howard, Lloyd,
John Dennis, Williams, Hodson, Chambers, of
Cecil, Miller, McLane, Bowie, Tuck, Sprigg,


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 602   View pdf image
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