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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1443   View pdf image (33K)
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1443
Mr. STOCKBRIDGE. I desire before the con-
vention adjourns tonight to add a single
word, lest any one should suppose that the
accumulation of equity business is the result
of the inattention or negligence of the judges.
It is incumbent upon them by law, in all
equity cases, to file an opinion in writing
when they pass a decree or decretal order.
A judge cannot decide a case in equity and
pass an order at random. He must do it with
deliberation, writing and filing his opinion—
that involves time, investigation, examina-
tion—in order that if the case should go up
to the court of appeals, it may go up properly
represented. This renders it impossible for
judges having three, four, and in one instance
five counties on his hands, with all their
business, to attend to this business and pre-
pare and file his opinions. Some remedy
must be devised for this. The system pro-
posed by the committee I suppose will reme-
dy it.
As this is an important measure, and as
the amendments proposed have not been
printed, and cannot therefore receive the con-
sideration to-night which I am sure we are
all disposed to give them, I now move that
the convention adjourn.
Mr. HEBB. Will the gentleman withdraw
that motion for a moment, that I may give
notice of an amendment?
Mr. STOCKBRIDGE. Certainly.
Mr. HEBB gave notice that he would sub-
mit the following amendment:
Strikeout section 21, and insert :
"Sec. 21. For each circuit (the twelfth
excepted) there shall be one Judge: the said
judges shall be styled circuit judges, and
shall hold a term of their courts in each of
the counties composing their respective cir-
cuits at such times as now are or may here-
after be fixed by law, such terms to be never
less than two in each year in each county;
special terms may be held by said judges, in
their discretion, whenever the business of
their several counties renders such terms
necessary.
On motion of Mr. STOCKBRIDGE,
The convention adjourned.
SEVENTY-SEVENTH DAY.
FRIDAY, August 19,1864.
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, Berry, of Prince George's
Billingsley, Blackiston, Bond, Briscoe, Brooks
Brown. Carter, Clarke . Crawford, Cunning
ham, Cushing. Daniel, Davis, of Charles
Duvall, Earle, Ecker, Edelen, Gale, Galloway
Harwood, Hatch, Hebb, Hodson, Hopkins
Hopper, Horsey, Jones, of Somerset, Keefer,
Kennard, King, Lansdale, Larsh, Lee, Mar-
key, Mayhugh, McComas, Mitchell, Miller,
Morgan, Mullikin, Murray. Negley, Nyman,
Parker, Parran, Pugh, Purnell, Ridgely,
Robinette, Russell, Sands. Schley, Schlosser,
Smith, of Carroll, Smith, of Dorchester,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Swope, Sykes, Todd, Turner, Wick-
ard, Wooden—70.
The proceedings of yesterday were read and
approved.
On motion of Mr. AUDOUN,
Ordered. That the minority report on militia
and military affairs be printed in bill form,
and furnished to members of the conven-
tion.
ADJOURNMENT TO MONDAY.
Mr. MORGAN submitted the following
order.
Ordered, That when this convention ad-
journs to-day it stand adjourned to meet on
Monday next, at 12 o'clock, M.
Mr. STIRLING. I shall vote against this because
I think we ought to stay here to-mor-
row, although it would be a great convenience
to me to go home. But I hope that gentle-
men who vote against it will let the conven-
tion know whether they mean to stay here;
for although there is now a full house there
may be to-morrow no quorum. I stayed here
in Annapolis a week ago and that was just
the resalt. I hope no gentleman will vote to
stay here to-morrow unless he intends to
stay himself. I call for the yeas and nays.
The yeas and nays were ordered.
Mr. DANIEL. I hope gentlemen will be ex-
cused from attendance by leave of the con-
vention and not by their votes.
Mr. CLARKE asked to be excused for a few
days.
The request was granted.
Mr. DUVALL asked to be excused until Monday.

The request was granted.
Mr. TODD asked to be excused for a few
days.
The request was granted.
Mr. SYKES asked to be excused from this
night's session.
Mr. DANIEL. Gentleman seem to he asking
to be excused without assigning any partic-
ular reason for it. It seems to me if no rea-
son is to be assigned we might as well repeal
the rule at once.
Mr. JONES, of Somerset. I think members
of thin house ought certainly to be trusted as
honorable men, not to ask to be excused unless
for some reason. I think that for the bona
to require gentlemen to assign their reasons
is to ask more than should be asked of hon-
orable men.
Mr. DANIEL. Then what is the use of the
rule?
Mr. JONES, of Somerset. So that members


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1443   View pdf image (33K)
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