Nays—Messrs. Belt, Billingsley, Blackiston,
Bond, Brown, Chambers, Crawford, Dail,
Davis, of Charles, Dent, Duvall, Edelen,
Harwood, Hodson, Jones, of Somerset, Lans-
dale, Lee, Marbury, Miller, Morgan, Parran,
Peter, Smith, of Dorchester, Turner—24.
The amendment was accordingly adopted.
Mr. STIRLING submitted the following
amendment:
Insert as an additional section the follow-
ing:
"Section—. No person shall be excluded
from voting at any election on account of not
being registered, until the general assembly
shall have passed an act of registration, and
the same shall have been carried into effect,
but after such act shall have been carried into
effect no person shall vote unless his name
appears on the register."
Mr. STIRLING said: I do not know that this
amendment is absolutely necessary; but it
struck me that the construction might be
placed upon the first section that no person
could vote after the adoption of this constitu-
tion until he had been registered. I thought
it would be well to make it clear.
The amendment was agreed to.
Mr. STIRLING. I ask the unanimous con-
sent of the convention to fill up the blank in
the fifth section with the words the fourth
day of July, 1851." It is in the oath declaring
that I have not bribed any voters, &c., since
that date. The provision was a new one in
the old constitution, and there is no reason
for going back of that, or for releasing any-
body who has committed the offence since that
constitution took effect, which was on the 4th
day of July, 1851.
Mr. JONES, of Somerset. I regret that the
committee that had the matter in charge did
not strike out of the oath of office everything
in relation to the question of bribery I do
cot believe that for the fourteen years that the
constitution has been in operation, it has had
the effect no prevent in one solitary instance
the bribery of voters whenever it was desired.
I think the tendency is demoralizing. The
punishment of the offence ought to be in a
court of law, making the party bribed a com-
petent witness. It ought to be a criminal of-
fence. I think it is utterly nugatory to place
it in the oath; and I very much regret that it
has been retained.
There being no objection, the blank was
filled accordingly.
The article on the elective franchise was then
ordered to be engrossed for a third reading.
JUDICIARY DEPARTMENT.
On motion of Mr. STOCKBRIDGE,
The convention proceeded to the considera-
tion of the report of the committee on the
judiciary department, on its second reading.
Mr. TODD gave notice that at the proper
time he would submit the following amend-
ment to the report: |
Insert as an additional section the fol-
lowing :
"Section—. it shall be the duty of the
orphans' court of the several counties and the
city of Baltimore, to duly apprentice to some
business alt negroes emancipated by the adop-
tion of this constitution, who are minors,
subject to such regulations as are now or may
hereafter be prescribed by law; and in all
cases the preference shall be given to their
masters while in a state of slavery, when in
the judgment of the said courts they are suit-
able persons to have charge of them."
Section first was read as follows :
PART 1.
General Provisions.
Section 1. The judicial .power of this State
shall be vested in a court of appeals) circuit
courts, orphans' courts, such courts tor the
city of Baltimore as may be hereinafter pre-
scribed or provided for, and justice's of the
peace; all said courts shall be courts of record,
and have a seal to be used in the authentication
of all process issuing from them. The
process and official character of justices of
the peace shall be authenticated as hath here-
tofore been practiced in this State, or may
hereafter be prescribed by law."
The second section was read as follows:
"Section 2. The judges of the several
courts, except the associate judges of the
orphans' courts, shall be citizens of the Uni-
ted States, and of this State, not less than five
years next preceding their appointment, and
not less than one year next preceding their
appointment resident in the judicial district
or circuit, as the case may be, for which they
may be appointed. They shall be not less
than thirty years of age at the time of their
appointment, and selected from those who
have been admitted to practice law in this
State, and who are most distinguished for in-
tegrity, wisdom, and sound legal knowledge."
ELECTIVE JUDICIARY.
Mr. ABBOTT moved to strike out the word
"appointment" in line lour, and insert the
word " election,"
Mr. THRUSTON. I move to amend that by
inserting the words "or election" alter "ap-
pointment," instead of striking it out, so as
to cover both cases.
Mr. ABBOTT. My object in offering that
amendment now is to test the question, which
will probably require considerable discussion,
and which we should determine at the out-
set whether the convention will adopt the sys-
tem of appointment or of election
Mr. THOMAS. It appears to me that the
amendment of the gentleman from Allegany
(Mr. Thruston) will leave it indefinite whether
judges are to be elected or appointed.
Mr. THRUSTON. It will cover the case, no
matter which may be the, election or
appointment. It does not prescribe either. |
