Magraw, Brent of Baltimore city, Davis, Kil-
gour, Brewer, Waters, Anderson, Smith, Cockey,
and Brown-45.
So the amendment was rejected.
The question then recurred and was put.
Will the Convention accept the substitute as
offered by Mr. Bowie, and amended on the
motion of Mr. Chrisfield, for the 2d and 3d sec-
tions of the report?
Determined in the affirmative.
The said amendment was then adopted as the
2d article of the report.
Mr. KILGOUR moved that the Convention do
now adjourn; which motion was not agreed to.
The Convention then proceeded to the consid-
eration of the 4th section of the report, which was
read as follows:
Sec. 4. The court of appeals shall appoint its
own clerk, who shall hold his office for six years,
and may be appointed at the end thereof; he shall
be subject to removal by the said court for in-
competency, neglect of duty, misdemeanor in of-
fice, and such other cause as may be prescribed
by law.
Mr. BRENT, of Baltimore city, offered as a
substitute for said section, the following:
"There shall be a clerk of the court of appeals
elected at the same time with the judges of the
court of appeals, by a plurality vote of the quali-
fied electors of the Slate, who shall hold his of-
fice for a term of ten years, and receive a salary
to he fixed by law."
Mr. MICHAEL NEWCOMER asked the yeas and
nays on the adoption of the substitute.
Mr. SPENCER said that he did not like to make
any delay, but there were a great many gentle-
men in the Convention this morning who were
not here now. He would, therefore, move that
there be a call of the House.
Mr. BRENT, of Baltimore city, moved that the
Convention do now adjourn.
Mr. BUCHANAN hoped the motion would not
prevail, and for the reason that it was very likely
certain, gentlemen who brought them into this
meeting would he absent to-morrow morning.
They had better hold on lo them while they had
them.
The motion to adjourn was men negatived.
The question was then taken on the motion
'that there be a call of the house, and it was
agreed to.
The Clerk was proceeding with the call, when
Mr. JOHN NEWCOMER moved to dispense with
all further proceedings under the call.
Mr. SPENCER asked the yeas and nays on the
motion. He said that he was willing to sit here
to-day until the very last hour to vote upon the
subjects before the Convention. He was willing
to sit now, but he was not willing that he should
be forced lo do so while other gentlemen would
not attend.
Mr. BROWN hoped the gentleman would with-
draw his motion lo dispense with all further
proceedings.
Mr. NEWCOMER declined to withdraw his mo-
tion.
Mr. BRENT desired to know if a motion to adjourn
was debatable? |
The PRESIDENT replied in the negative.
Mr. THAWLEY moved that the Convention do
now adjourn.
Mr. MICHAEL NEWCOMER demanded the yeas
and nays on the motion, which were ordered,
and being taken, were as follows:
Affirmative—Messrs. Hopewell, Donaldson,
Dorsey, Randall, Sellman, James U. Dennis,
Williams, Miller, Sprigg, McCubbin, George,
Wright, McMaster, Fooks, Jacobs, Thawley,
Brewer, Waters, Fitzpatrick and Smith—30.
Negative—Messrs. Chapman, President, Bla-
kistone, Dent, Ricaud, Lee, Wells, Brent, of
Charles, Jenifer, Buchanan, Lloyd, Dickinson,
Crisfield, Dashiell, Hicks, Goldsborough, Ec-
cleston, Bowie, Tuck, Spencer, Dirickson,
Thomas, Gaither, Biser, Sappington, McHenry,
Magraw, Nelson, Gwinn, Stewart, of Baltimore
city, Ware, Schley, Fiery, John Newcomer,
Harbine, Michael Newcomer, Davis, Kilgour,
Anderson, Weber, Slicer, Parke, Shower,
Cockey and Brown—43.
So the Convention refused to adjourn.
The question then recurred on the motion to
suspend all further proceedings, when
The Convention refused to order the yeas and
nays.
The motion was then agreed to.
Mr. THAWLEY moved that the Convention ad-
journ.
Mr. SPENCER demanded the yeas and nays,
which were ordered, and being taken, were as
follows:
Affirmative—Messrs. Dent, Hopewell, Donald-
son, Dorsey, Randall, Sellman, Dickinson,
Williams, Miller, Sprigg, McCubbin, Spencer,
George, McMaster, Jacobs, Thawley, Stewart,
of Baltimore city. Brent, of Baltimore city, Sher-
wood, of Baltimore city, Ware, Brewer, Waters,
Fitzpatrick and Smith—24.
Negative—Messrs. Chapman, President, Bla-
kistone, Ricaud, Lee, Mitchell, Wells, Jenifer,
Howard, Buchanan, Lloyd, Crisfield, Dashiell,
Hicks, Hodson, Goldsborough, Eccleston. Bowie,
Tuck, Dirickson, Thomas, Johnson, Gaith-
er, Biser, Annan, Sappington, McHenry, Ma-
graw, Gwinn, Schley, Fiery, Neill, John New-
comer, Harbine, Michael Newcomer, Davis,
Kilgour, Slicer, Parke, Cockey and Brown—40.
So the Convention refused to adjourn'.
The question then recurred on the adoption
of the substitute as offered by Mr. Brent, of
Baltimore city, for the 4th section of the report.
Mr. CRISFIELD moved to amend said substitute
by striking out the words "and to receive a sal-
ary to be fixed by law."
Mr. JOHNSON wished to move an amendment
to the proposition.
The PRESIDENT ruled that no amendment wag
now in order.
Mr. CRISFIELD. I will simply say that the
clerk of the Court of Appeals is already paid by
fees. It is reasonable and proper that those
persons who avail themselves of the services of
the clerk, should, as in all other cases, pay the
expenses of that officer. I think it would be a
bad principle to introduce fixed salaries for
this officer. What is to become of the fees? If |
