the Word " five." In order to make the term
of residence correspond with the time for
which the party to be eligible to this office
must have practiced law, I move to reconsider
the vote by which the term of residence in the
State was fixed at five years. I think the
practice required should be in ibis State. A
gentleman may come from another State in
which he has practiced twenty years, and yet
be quite uninformed in regard to the mode of"
practice, and the peculiar statute law of out
State, which is the great subject of criminal
jurisdiction.
The motion to reconsider the vote by which
the word "five" was inserted, was agreed
to.
The question returned upon inserting the
word "five."
Mr. CHAMBERS moved to insert the word
" seven."
The question was upon inserting the word
"seven," being the longest time.
Mr. STOCKBRIDGE. Instead of that, I will
move to strike out the words, "and who has
not resided for at least — years in the
State." If that is adopted the section will
then read—
"No person shall be eligible to the office
attorney general who has not been admitted
to practice the law in the" State, and who has
not practiced the law therein fur seven years
next preceding his election."
Mr. STIRLING. That dors not exactly fix
the term of residence in this State at seven
years. It is possible that may have
practiced law in this State for seven ye ars and
not have resided here for that length of time
In New York it often happens that a man
practices law there for years, and dors not
live in the State at all. I know gentlemen
who reside in this State and go to Washing-
ton day after day and practice law. I think
the section is better as it is,
Mr. STOCKBRIDGE I will not press my mo-
tion.
The question recurred upon the motion of
Mr. CHAMBERS, to fill the blank with the word
" seven."
Mr. SCHLEY, I move 'to strike out the word.'
"seven" where it first occurs, and insert
"'.five."
The CHAIRMAN (Mr. Daniel.) It is not in
order to move to strike out what the house
has voted to put in.
The question being them taken upon the
motion of Mr. CHAMBERS to insert tils word
"seven," it was agreed to.
Mr. STOCKBRIDGE. I move to transpose the
words "in the State" from after the word
years to after the word "reaided." The
clause will then read—
" And who has not resized in the State for
at least seven years next preceding his elec-
tion "
The question being taken, the motion was
agreed lo. |
No further amendment was offered to the
' fourth section.
Section five was then read as follows :
"' Sec. 5. In case of vacancy in the office of
attorney general. or of his removal from the
' State, or on his conviction as herein before
specified, the said vacancy shall be filled by
the governor until the election and qualification
of his successor, at which election said
{ vacancy shall be filled by the voters of the
State for the residue of the term thus made
vacant."
Mr. MILLER. I would suggest to the chair-
man of the committee (Mr. Smith, of Carroll,)
that there seems to be some' inconsistency in
this section. The section provides that in
case of a vacancy "shall be filled' by the
governor until the election and qualification
of his successor." That covers the; case of it
vacancy during the time tor which he wag
elected. And yet the section goes on to pro-
vide—"at which election said vacancy shall
be filled by the voters of the State for the residue
of the term thus made vacant."
Mr. CHAMBERS moved to adjourn—not
agreed to,
Mr. STOCKBRIDGE, I move to amend this
fifth section by striking out the words " until
the election and qualification of his successor".
at which election said vacancy shall be filled
by the voters of the State"—-so that that portion
of the section will read)—" the said vacancy
shall be filled by the governor for the
residing of the term' thus made vacant."
The? question being taken, the amendment."
was agreed to.
Mr. MILLER. I move to amend the first.
part of the auction so' that it shall read "in
case of vacancy in the office of attorney
general, occasioned by his death, resignation
or removal from the State, or his conviction
as hereinbefore specified," &c.
Tire question being taken, the amendment
was agreed to.
LEAVE OF ABSENCE.
Mr'. MARKEY asked and obtained leave of
absence a few days.
Mr. HOPPER asked and obtained leave of
absence until Monday next.
Mr. HATCH moved that the convention ad-
journ.
Upon this question Mr. HEBB called the yeas
and nays, which were ordered.
The question being then taken, by yeas and
nays, upon the motion to adjourn, it was
agreed to—yeas 33, nays 24.—as follows ;
Yeas—Messrs. Audoun, Billingsley, Black-
iston, Briscoe, Brooks, Brown, Chambers,
Clarke, Davis, of Charles, Dent, Edelen,
Gale, Hatch, Horsey, Jones, of Somerset,
Keefer, Kennard, Lansdale, Lee, Markey,
Mitchell, Miller, Mullikin, Murray, Nyman,
Parker, Parran, Pugh, Smith, of Dorchester,
Smith, of Worcester, Sneary, Stirling, Wick-
ard—33. |
