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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 700   View pdf image
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700
Affirmative-Messrs. Chapman, President, Mor-
gan, Blakistone, Dent, Hopewell, Ricaud, Lee,
Chambers of Kent, Mitchell, Donaldson, Dor-
sey, Weems, Bond, Brent of Charles, Howard,
Buchanan, Bell, Welch, Chandler, Ridgely,
Lloyd, Dickinson, Colston, John Dennis, James
U. Dennis, Crisfield, Dashiell, Williams, Hicks,
Hodson, Goldsborough, Eccleston, Phelps, Cham-
bers of Cecil, Miller, McLane, Sprigg, McCub-
bin Bowling, Spencer, Wright, Dirickson, Mc-
Master, Hearn, Fooks, Jacobs, Thomas, Shriver,
Gaither, Biser, Annan, Sappington, Stephenson,
McHenry, Schley, Fiery, John Newcomer, Har-
bine, Michael Newcomer, Davis, Kilgour,
Brewer, Waters, Anderson, Weber, Slicer, Fitz-
patrick, Smith, Parke, Cockey and Brown-68.
Negative-Messrs. Grason, George, Magraw,
Carter, Thawley, Stewart of Caroline, Gwinn,
Stewart of Baltimore city, Brent of Baltimore
city, Sherwood of Baltimore city, Ware, Holly-
day and Shower-13.
So the first branch of the amendment was
adopted.
Mr. BUCHANAN, with the consent of the Con-
vention, then withdrew the second and last branch
of his amendment.
The eighteenth section of printed report was
then read as follows:
Section 18. There shall be a Clerk of each
county court, who shall be elected by a plurality
vote of the qualified voters of each county, and
who shall hold his office for the term of six years,
from the time of his election and until a new
election is held, and be re-eligible thereto, sub-
ject to removal for wilful neglect of duty, or
other misdemeanor in office by presentment of a
grand jury and conviction of a petit jury, of the
county in which he shall reside. There shall al-
so be a clerk of the court of common pleas, in
Baltimore city, who shall also be the clerk of
the superior court of Baltimore city, and the re-
gistry in chancery of the chancery court of the
city of Baltimore; and there shall also be a clerk
of the criminal court of Baltimore city who
shall also be the clerk of the police court of Bal-
timore city, and each of said clerks shall be elec-
ted by a plurality vote of the qualified voters of
the city of Baltimore, and shall hold his office
for six years from the time of his election and
until a new election is held, and be re-eligible
thereto, subject, in like manner, to be removed
for wilful neglect of duty or other misdemeanor
in office by presentment of a grand jury and con-
viction of a petit jury of said city. In case of a
vacancy in the office of a clerk, the judge of
judges of the court, of which he was clerk, shall
have the power to appoint a clerk until an elec-
tion can be held, which shall take place under
the directions of the sheriff, upon giving thirty
days public notice thereof.
Mr. MORGAN moved to amend the section by
striking out in the first line these words, "a clerk
of each county court," and inserting in lieu there-
of, the following:
"In each county a clerk of the circuit court,"
Determined in the affirmative.
On motion of Mr. RICAUD,
The section was further amended by striking
out in second line, the words "a plurality vote,"
and after the word "and" in same line, strike out
"who," and insert the following:
"And the person receiving the greatest num-
ber of legal votes shall be declared and relumed
duly elected clerk of said circuit court."
Mr. SHRIVER moved further to amend said
eighteen section by striking out in the third line
the word "six," and inserting in lieu thereof,
"four. "
Mr. RICAUD moved for a division of the ques-
tion, which was taken on striking out.
Mr, SHRIVER demanded the yeas and nays
Which being ordered and taken,
Resulted as follows:
Affirmative— Messrs. Buchanan, Chandler,
Chambers of Cecil, Miller, Shriver, Gaither,
Magraw, Gwinn, Stewart of Baltimore city,
Sherwood, of Baltimore city, Ware, Fiery, Neill,
John Newcomer, Harbine, Michael Newcomer,
Brewer, Weber, Slicer, Fitzpatrick, Parke,
Shower, Cockey, and Brown—24
Negative—Messrs. Chapman Pres't., Morgan,
Blakistone, Dent, Hopewell, Ricaud, Lee, Cham-
bers of Kent, Mitchell, Donaldson, Dorsey,
Wells, Kent, Sellman, Weems, Bond, Brent of
Charles, Howard, Bell, Welch, Ridgely, Lloyd,
Dickinson, Colston, John Dennis, James U. Den-
nis, Crisfield, Dashiell, Williams, Hicks, Hodson,
Goldsborough, Eccleston, Phelps, McLane. Bow-
ling, Spencer, Grason, Wright, Dirickson, Mc-
Master, Fooks, Jacobs, Thomas, Annan, Sap-
pington, Stephenson, McHenry, Carter, Thaw-
ley, Stewart, of Caroline, Davis, Kilgour, Wa-
ters, Anderson, and Hollyday—56.
So the Convention refused lo strike out.
Mr. LEE moved further to amend the 18th sec-
tion, by inserting after the word "and" in the
4th line, the words "shall not."
The question being taken thereon, it was de-
termined in the negative.
On motion of Mr. MORGAN,
The 18th section was amended, by striking out
in the 8th line, the words "who shall also be
the" and inserting in lieu thereof the words "and
a."
On motion of Mr. MORGAN,
The section was further amended by striking
out in the ninth line, the words "and the register
in chancery of the chancery court of the city of
Baltimore;" also by striking out in eleventh line,
the words "who shall be the clerk of the police
court of Baltimore city," and inserting after the
word "elected" the words "as aforesaid," and
striking out the words "a plurality vote "
Mr. STEPHENSON moved further to amend the
section by striking out from the word "until" in
the nineteenth line, to the end of the section, and
inserting in lieu thereof "the general election of
delegates held next thereafter, when a clerk
shall be elected to fill such vacancy."
Mr. MCHENRY moved to amend the amend-
ment, by striking out the words "of delegates."
Mr. BROWN. What general election is it?
Mr. MCHENRY. I understand that there will
be an annual election. I do not wish the clerk


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 700   View pdf image
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