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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1381   View pdf image (33K)
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1381
of the present constitution. The committee
on revision can fill the blank.
Mr. DUVALL demanded the yeas and nays
on the adoption of the section; but they were
not ordered.
The question being taken, the section was
adopted .
The PRESIDENT. There are two other amend-
ments outstanding. It will be necessary to
reconsider in order to put them in.
On motion of Mr. EDELEN,
The convention adjourned.
SEVENTY-FIFTH DAY.
WEDNESDAY, August 17,1864.
The convention met at 10 o'clock, A. M.
Prayer by the Rev. Mr. McNemar.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Goldsborough, President; Abbott
Annan, Audoun, Baker, Belt, Berry, of Balti-
more county, Billingsley, Blackiston, Bond,
Brown, Carter, Chambers, Crawford,Cunning-
ham, Cushing, Dail, Daniel, Davis, of Charles,
Davis, of Washington, Dellinger, Dent, Du-
vall, Earle, Ecker, Edelen, Galloway, Greene,
Harwood , Hodson, Hopkins, Hopper, Jones,
of Cecil, Jones, of Somerset, Keefer, Kennard
King, Lansdale, Lee, Marbury, Markey, May-
hugh, McComas, Mitchell, Miller, Morgan
Mullikin, Murray, Negley, Nyman, Parker
Parran, Peter, Pugh, Purnell, Ridgely, Robi-
nette, Russell, Sands, Schley, Schlosser, Smith
of Carroll, Smith, of Dorchester, Smith, of
Worcester, Stirling, Stockbridge, Swope
Sykes, 'Thomas, Thruston, Todd, Turner
Wickard, Wooden—74.
The proceedings of yesterday were read and
approved.
On motion of Mr. WOODEN,
It was ordered to be entered on the journal
that John Barron, of Baltimore city, is de-
tained from his salt by the illness of a mem-
ber of his family,
JUDICIARY DEPARTMENT.
Mr. STOCKBRIDGE submitted the following
order:
Ordered, That when the convention enter
upon the consideration of the judiciary de
partment, it will digest a system by which
the judge? shall be elected by the people; and
another system by which they shall be appointed
by the executive, and that when the
constitution is submitted to the people for up
proval or rejection, it shall be so submitted
that the people may select between the two
systems so prepared,
On motion of Mr. RIDGELY,
The consideration. ration of the order was in
formally paused over.
Mr. MORGAN gave notice that at the propel
time he would submit the following amend
ment to the report of the committee on the
judiciary department:
Strike out section 38 and insert the follow-
ing:
"Sec. 38. There shall' be elected in each
county and in the city of Baltimore, every
fourth year, two persons for the office of
sheriff for each county, and two for the said
city, the one of whom having the highest
number of votes of the qualified voters of
said county or city, or if both hive an equal
number, either of them, at the discretion of
the governor to be commissioned by the gov-
ernor for said office, and having served for
four years, such persons shall be ineligible
fur the four years next succeeding; bond
with security, to be taken every year, and
no sheriff shall be qualified to act before the
same shall be given. In case of death, re-
fusal, disqualification or removal out of the
county, before the expiration of the said four
years, the other person chosen as aforesaid,
shall be commissioned by the governor to
execute the said office for the residue of the
said four years, the person giving bond with
security as aforesaid. No person shall be
eligible to the office of sheriff but a resident
of such county or city respectively, who shall
have been a citizen of this State ait least five
years preceding his election, and above the
age of twenty-five years. the two candidates,
' properly qualified, having the highest num-
ber of legal ballots, shall be declared duly
elected for the office of sheriff for such county
or city, and returned to the governor, with a
certificate of the number of ballots for each
' of them."
PRIMARY MEETINGS.
The convention then proceeded to the con-
sideration of the report of the committee on
the elective franchise which had been read
by sections and amended.
Mr. STOCKBRIDGE. I read for information
the other day, and to be entered upon the
journal, an amendment which ait the proper
time I intended to move as an addition to
the 5th section of this article. But the pre-
vious question having lie-en sustained last
night, upon that section, my amendment not
having been offered was excluded. I will
therefore move to reconsider the third section
- and offer an amendment to that; and in order
that the convention before voting upon the
question of reconsideration may understand
precisely the purport of what I propose to
offer I will say a word in explanation,
The third section provides a penalty against
any bribe, prevent, reward or promise, to
i interfere with voting, and is a guaranty for
the purity of elections so far as it goes. It
is a fact, although not as yet recognized by
- law at all, that there is something as much a
part of our elective system in this State and
throughout the country as the election itself.
- I refer to the nomination in the primary


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1381   View pdf image (33K)
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