Mr. CHAMBERS demanded the yeas and nays
upon Mr. ABBOTT'S amendment, and they
were ordered.
The question being taken, the result was—
yeas 42, nays 19—us follows :
Yeas—Messrs. Abbott, Annan, Audoun,
Berry, of Prince George's, Billingsley, Black-
iston, Crawford, Davis, of Washington, Den-
nis, Dent, Duvall, Ecker, Edelen, Gale, Gal-
loway, Hatch, Hopkins, Horsey, Jones, of
Somerset, Keefer, Kennard, King, Lee, Mar-
bury, Mayhugh, McComas, Mitchell, Morgan,
Murray, Negley, Parran, Purnell, Robinette,
Sands, Schley, Schlosser, Smith, of Carroll,
Smith, of Dorchester, Thomas, Turner, Wick-
ard, Wooden—42.
Nays—Messrs, Goldsborough, President;
Brown, Chamber?, Clarke, Daniel, Earle,
Hebb, Hopper, Jones, of Cecil, Lansdale,
Mullikin, Parker, Peter, Russell, Stirling,
Stockbridge, Swope, Sykes, Thruston—19.
When their names were called
Mr. CLARKE said: I was not here when
the former vote was taken. I am in favor of
the court of appeals being appointed, and the
circuit judges being elected. I therefore vote
"no."
Mr. JONES, of Somerset, said: In commit-
tee I voted for the appointive system for the
court of appeals; but the house yesterday
manifested its disposition determinedly, by a
large majority, to have an elective system.
I do not consider the mode of appointment
so important as the character of the men to
be appointed. I am not afraid to trust the
people. Therefore I shall vote "aye."
Mr. STOCKBRIDGE said; I was willing to
accept the decision of the house yesterday as
the settlement, of this question, and I had
hoped float the time of the convention would
not be taken up with calling the yeas and
nays upon a settled question, but as they are
called I shall vote in accordance with my
real opinion. I vote "no."
The amendment was accordingly adopted.
Mr. DENT submitted the following amend-
ment :
Add at the end of the section ''by the
qualified voters thereof,"
Mr. THURSTON submitted the following
amendment to the amendment :
Strike out the word ''thereof," in the last
line, and insert the words " of the whole
State."
Mr. THOMAS submitted .the following
amendment:
Strike out all after the word " The," in
the first line and insert the following :
" The court of appeals shall consist of a
chief justice and four associate justices, and
for their selection the State shall be divided
into lour judicial districts. Allegany, Wash-
ington, Frederick, Carroll, Baltimore and
Harford counties, shall compose the first;
Montgomery, Howard, Anne Arundel, Cal-
vert, St. Mary's, Charles and Prince George's, |
the second; Baltimore city the third; and
Cecil, Kent, Queen Anne's, Talbot, Caroline,
Dorchester, Somerset and Worcester, shall
compose the fourth district; and the chief
justice shall be elected by the qualified voters
of the counties and the city of Baltimore on
a general ticket,
' 'And one person from among those learned
in the law, having been admitted to practice
law in this State, and who shall have been a
citizen of this State at least five years, and
above the age of thirty years at the time of
his election, and a resident of the judicial
district, or .if chief justice a resident of the
State as herein provided, shall be elected from
each of said districts and the State, by the
legal and qualified voters therein as a judge
of said court of appeals, who shall hold his
office for the term of fifteen years from the
time of his election or until he shall have at-
tained the age of seventy years, whichever
may first happen, and be re-eligible thereto
until he shall have attained the age of sev-
enty years, and not after, subject lo removal
for incompetency, wilful neglect of duty or
misbehavior in office, on conviction in a
court of law, or by the governor upon the
address of the general assembly, two-thirds
of the members of each house concurring in
such address, and the salary of each of the
judges of the court of appeals, shall be four
thousand dollars ($4,000) annually, and
shall not be increased or diminished during
their continuance in office, and no fees or
perquisites of any kind shall beallowed by
law to any of the said judges."
The question was stated upon Mr. THURSON'S
amendment to the amendment.
Mr. THRUSTON. The effect of my amend-
ment is that the judged of the court of ap-
peals will be elected by general ticket.
Mr. DENT. The object of the amendment
1 proposed was this: Since it bad been de-
termined by the convention that the judges of
the court of appeals should be elected, 1
wished to provide that it should be by the .
voters of the district from which they should
be elected. It seems to me much more proper
that they should be elected by the voters of
the district from which they are to be elected,
than that they should be elected by general
ticket, as proposed by the amendment of the
gentleman from Allegany (Mr. Thruston.)
The question is simple and plain between the
two, and it is unnecessary to make any ex-
tended remarks upon it.
Mr. BERRY, of Prince George's. I object
both to the amendment offered by the gentle-
man from Allegany (Mr. Thruston,) and to
that offered by the gentleman from Baltimore
city (Mr. Thomas.) My objection to the
amendment offered by the gentleman from
Allegany is this; that it proposes that the
judges of the court of appeals shall all be
elected by general ticket. Under the present
constitution the members of the court of |
