Baltimore city (Mr. Thomas,) whether in en-
deavoring to obtain the major proposition of
independent tenure, it is not better to put it
in such a shape as most likely to meet the ap-
parent desire of the house. You must recol-
lect one thing; some members object to going
beyond sixty years. I am willing to fix the
age just as gentleman please. The great purpose
of my soul is to have an independent ju-
diciary, a tenure during good behavior. The
age is a secondary matter, which can beamend-
ed at any time. I will agree to seventy or
ninety years, just as you please, so long as a
man is fit for the position.
The question recurred upon the amendment
of Mr. CHAMBERS to the amendment of Mr.
HEBB.
Upon this question Mr. BERRY, of Prince
George's, called for the yeas and nays, and
they were ordered.
The question was then taken, by yeas and
nays, and resulted—yeas 21, nays 44—as fol-
lows :
Yeas—Messrs. Berry, of Prince George's,
Blackiston, Bond, Brown, Chambers, Cushing,
Dent, Farrow, Hollyday, Hopkins, Horsey,
Miller, Nyman, Parker, Pugh, Russell, Stir-
ling, Stockbridge, Sykes, Thruston, Valliant
—21.
Nays—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Billingsley, Briscoe,
Cunningham, Daniel, Dellinger, Duvall, Eck-
er, Edelen, Gale, Galloway, Hatch, Hebb,
Hoffman, Hopper, Johnson, Jones, of Cecil,
Keefer, Kennard, Larsh, Lee, Mayhugh, Mit-
chell, Morgan, Mullikin, Murray, Negley, Par-
ran, Purnell, Ridgely, Robinette, Schley,
Smith, of Carroll, Smith, of Worcester, Sneary
Swope, Thomas, Turner, Wickard. Wooden
—44.
The amendment to the amendment was ac-
cordingly rejected.
Pending the call of the yeas and nays, the
following explanations were made by mem-
bers, as their names were called :
Mr. BILLINGSLEY. I am opposed to the gen-
eral ticket system, although in favor of an elect-
ive system by districts. As a matter of com-
promise I would accept the proposition of the
gentleman from Baltimore city (Mr. Thomas)
But I am utterly opposed to anything like a
life tenure, and therefore vote "no" on this
proposition.
Mr. BOND. I shall vote for the proposition
limiting the term to sixty-five years, not be-
cause I think that is is a proper limitation, for
my opinion is that men retain their mental
and physical ability to seventy years of age
perhaps as perfectly as to any other age.—
I should therefore prefer the limitation to be
seventy years. But inasmuch as sixty-five years
approaches something near my views on that
subject, I will vote "aye."
Mr. MAYHUGH. I am opposed to the ap-
pointive system, and to the life tenure. They
are both obsolete ideas in this day; the peo- |
ple of this State preached their funeral sermon
fourteen years ago. Being opposed to the ap-
pointive system, and seeing that those gentle-
men who prefer that system are hanging on
to whatever comes nearest to it, I shall vote
"no."
Mr. BERRY, of Prince George's. I now re-
new my motion to strike out the word "ten,"
and insert the word "twenty" in the amend-
ment of the gentleman from Allegany (Mr.
Hebb.)
The question was upon the amendment to
the amendment.
Mr. BERRY, of Prince George's, called for
the yeas and nays upon this question, and
they were ordered.
The question was then taken by yeas and
nays, and resulted—yeas 25, nays 40—as
follows:
Yeas—Messrs. Goldsborough, President;
Abbott, Berry, of Prince George's, Blackiston,
Bond, Chambers, Cushing, Daniel, Dent,
Ecker, Farrow, Hodson, Hollyday, Hopkins,
Horsey, Jones, of Cecil, Nyman, Parker, Pugh,
Russell, Stirling, Stockbridge, Sykes, Thrus-
ton, Valliant—25.
Nays—Messrs. Annan, Billingsley, Briscoe,
Brown, Cunningham, Dellinger, Duvall, Ede-
len, Gale, Galloway, Hatch, Hebb, Hoffman,
Hopper, Johnson,. Keefer, Kennard, Larsh,
Lee, Mayhugh, McComas, Mitchell, Miller,
Morgan, Mullikin, Murray, Negley, Parran,
Purnell, Ridgely, Robinette, Schley, Smith,
of Carroll, Smith, of Worcester, Sneary,
Swope, Thomas, Turner, Wickard, Wood-
en—40.
The amendment to the amendment was ac-
cordingly rejected.
Pending the call of the yeas and nays, the
following explanations were made by mem-
bers, as their names were called :
Mr. MILLER. As I understand the proposition
now before the house, it is an amendment to
the proposition of the gentleman from Alle-
gany (Mr. Hebb, ) to make the tenure of office
twenty years instead of ten. The vote will
still have to be taken upon the proposition for
ten years, if this is voted down. And if that
proposition should be voted down, then the
section would be left to stand as it now is;
making the tenure of office of each judge
during good behavior, or until he shall at-
tain the age of sixty years.
The PRESIDENT. That is correct.
Mr. MILLER. Then I vote " no,"
Mr. NEGLEY. I agree that the too frequent
election of judges is a great evil. I shall,
therefore, vote for fifteen instead of ten years.
I cannot vote for the proposition to make the
tenure twenty years. I will vote for a propo-
sition to make the tenure fifteen years, and
that judges shall be ineligible for re-election.
In that way you will take away all induce-
ment to maladminister justice for political
considerations. I therefore vote " no."
Mr. THURSTON. I am in favor of & long |
