to the committee on the judiciary. As I do
not desire to occupy any such position, I
will now take occasion to explain the circum-
stances which induced me to offer that order.
An order bad been submitted by my friend
from Baltimore city (Mr. Audoun) to recom-
mit the report of the judiciary committee
with instructions to that committee. In the
course of the debate upon that order, another
gentleman from Baltimore city (Mr. Daniel,)
a member of that committee, stated that in
consequence of the absence of several mem-
bers of that committee, it would be impossible
for them to comply with the order then
pending. A vote was taken, and the house
refused to adopt the order, it was then sug-
gested to me, by members all around the house
that the difficulty with the order grew out of
the fact that: the order could not be carried
into effect if adopted, for the want of the
presence of the members of the judiciary com-
mittee. Hence I offered the order that a spe-
cial committee be substituted for the judiciary
committee. I make this explanation for the
purpose of acquitting myself from any pur-
pose to show any disrespect for the committee
on the judiciary, toward whom no member
of the house has a higher respect than I have,
and for whose members I feel under a pro-
found obligation. And I will go so far as to
say if it be not out of place, that I appreciate
them so highly, that I would vote for the
report they have made except for the fact
that I have been deterred from so doing by
considerations growing out of the magnitude
of the expense which the system reported by
them contemplates.
Mr. STIRLING. I move that the convention
now proceed to consider the sections of this
report which have been informally passed over
The question being taken, the motion of
Mr. STIRLING was agreed to.
The first section which had been informally
passed over, being section three, was then
read as follows:
"The judges shall be appointed, commis
sioned and designated as chief or associated
justices, by the governor, with the advice
and consent of the senate. Each judge shall
hold his office during good behavior, or
until he shall attain the age of sixty years
when, in the discretion of the governor, by
and with the advice and consent of the sen
ate, he may be re-appointed for a term no
exceeding ten years, after which be shall no
be re-appointed."
The pending question was upon the motion
of Mr. THOMAS, [journal of proceedings, page
475,] to strike out all after the word "judges
in the first line, and insert,
" Of the several counties of this State, shall
be elected by the qualified voters of the coun
ties and the city of Baltimore, in the manner
hereinafter prescribed."
Mr. ABBOTT submitted the following amead
ment: |
Strike out the words "shall be appointed,"
and insert the words " when elected shall be."
Mr. BELT, Just at the time that we stopped
discussion upon this report, I was trying to
draw up an amendment which I proposed to
offer, embodying what I would regard as a
compromise of this question. It was to the
effect that this report be recommitted to the
committee with instructions from the con-
vention to report a system of court of appeals,
the judges of which shall be appointed by the
governor. To that extent that would satisfy
those who favor an appointive system. And
also to report a system adapted to the coun-
ties, reserving to the people the privilege of
electing their own judges. That I think
would be a fair and proper compromise. I
would rather have this report postponed fur
the present, in order to give me time to draw
up a proposition in such a shape that I can
get a vote of the convention upon it. I
therefore move to postpone the further con-
sideration of this report until to-morrow at
12 o'clock.
The question being taken upon the motion
to postpone, it was not agreed to.
The question recurred upon the amend-
ment submitted by Mr. ABBOTT.
Mr. STIRLING. The difficulty about that is,
that there is nothing said in the report so
far, except indirectly, that they shall be
elected. There must be some indirect indi-
cation that they are to be elected. This sec-
tion was intended by the committee to fix the
mode of appointment.
Mr. HEBB. I move to strike out the words
''shall be appointed, commissioned and de-
signated as chief or associate justices by the
governor, with the advice and consent of the
senate," and insert in lien thereof the fol-
lowing :
"Of the court of appeals shall be elected
by the qualified voters of the State, and the
governor, by and with the advice and con-
sent of the senate, shall designate the chief
justice, and the judge of the judicial circuits
shall be elected by the qualified voters of
their respective circuits,"
Mr. THOMAS. That is exactly like my
amendment, except a little change of phrase-
ology. I therefore withdraw my amend-
ment.
The amendment submitted by Mr. THOMAS
was accordingly withdrawn,
Mr. ABBOTT also withdrew his amendment.
The question was then upon the amend-
ment submitted by Mr. HEBB.
Mr. BELT. I propose to submit an amend-
ment, which I have not drawn up in proper
legal phraseology, for it is not in the form
in which it ought to be submitted. It is a
mere order that this particular branch of the
report be recommitted to the committee with
instructions. I think the committee will
understand my phraseology, although from
the haste in which I have drawn it I have |
