their several districts, and the chief justice
on general ticket.
Mr. BERRY, of Prince George's. That is
not so stated in the amendment.
The PRESIDENT. If the gentleman from
Baltimore proposes to alter the mode of elec-
tion, the convention having decided to elect
all of the judges by the qualified voters of
the whole State, it will be proper to recon-
sider that vote.
Mr. THOMAS. I will withdraw my amend-
ment then.
Mr. BERRY, of Prince George's. I move to
reconsider the vote by which it was deter-
mined that the judges should be elected by
the people. I shall go for an appointive sys-
tem. I certainly voted for the elective sys-
tem.
The PRESIDENT. The gentleman can move
to reconsider any part of this section, which
is now pending,
Mr. BERRY, of Prince George's. Then I
move to reconsider the vote that these judges
should be elected by the qualified voters of
the whole State.
Mr. DANIEL. The gentleman voted against
that.
The PRESIDENT. The gentleman must have
voted in the affirmative on the particular
amendment be moves to reconsider.
Mr. DENT. He did vote in the affirmative
on striking out " appointed" and inserting
"elected."
Mr. BERRY, of Prince George's. I move to
reconsider that vote.
The motion was duly seconded.
Mr. HEBB. If that is carried the gentleman
will not effect his object; for the convention
have decided in another section that judges
shall be elected by general ticket.
Mr. BERRY, of Prince George's. I intend
to follow up this motion.
Mr. STIRLING moved a call of the conven-
tion;
The motion being sustained,
The roll was called, and the following mem-
bers responded;
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Berry, of Prince George's,
Billingsley, Blackiston, Briscoe, Brown, Car-
ter, Chambers, Cunningham, Cushing, Daniel,
Dellinger, Dent, Ecker, Farrow, Gale, Gallo-
way, Hatch, Hebb, Hodson, Hoffman. Holly-
day, Hopkins, Hopper, Horsey, Johnson,
Jones, of Cecil, Keefer, Kennard, Larsh, Lee,
Mayhugh, McComas, Mitchell, Miller, Morgan
Mullikin, Murray, Negley, Nyman, Parker,
Parran, Pugh, Purnell, Ridgely, Robinette,
Russell, Schley, Smith, of Carroll, Smith, of
Worcester, Sneary, Stirling, Stockbridge
Swope, Sykes, Thomas, Thruston, Valliant
Wickard, Wooden—63.
On motion of Mr GALLOWAY,
Further proceedings under the call were
dispensed with.
The question then recurring upon the mo |
tion of Mr. BERRY, of Prince George's, to re-
consider.
Mr. BERRY, of Prince George's demanded
the" yeas and nays, and they were ordered.
The question being taken, the result was
—yens 23, nays 43—as follows :
Yeas—Messrs. Belt, Berry, of Prince
George's, Billingsley, Blackiston, Bond, Bris-
coe, Brown, Chambers Daniel, Dent, Edelen,
Gale, Hodson, Hollyday, Horsey, Johnson,
Lee, Mitchell, Miller, Morgan, Parran, Pugh,
Turner—23.
Nays— Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Carter, Cunning-
ham, Cushing, Dellinger, Duvall, Ecker,
Farrow, Galloway, Hatch, Hebb, Hopkins,
Hopper, Jones, of Cecil, Keefer, Kennard,
Larsh, Mayhugh, McComas, Mullikin, Mur-
ray, Negley, Nyman, Parker, Purnell, Ridgely,
Robinette, Russell, Schley, Smith, of Carroll,
Smith, of Worcester, Sneary, Stirling. Swope,
Sykes, Thomas, Thruston, Valliant, Wickard,
Wooden—43.
When their names were called,
Mr. ABBOTT said: I was the mover, I believe,
of the amendment to strike out "ap-
pointed," and insert "elected." I did it
from principle; from the principle that our
government consists of three separate and dis-
tinct branches, legislative, executive and ju-
dicial; and feeling that it was of the utmost
importance to keep these as separate and dis-
tinct as possible from each other, I made that
motion and voted for it; and I shall now vote«
against the reconsideration—" no."
Mr. AUDOUN said: I am here representing
a portion of the people of Baltimore, instructed
by them to vote for an elective system. As
my course in life has been to obey the will of
my constituents, I vote "no."
Mr. BILLINGSLEY said: I am here from St.
Mary's, without any instructions. I was op-
posed to the appointment by the governor;
but I am much more opposed to the general
ticket system for the judiciary; and believing
it a greater evil than the executive appoint-
ment, I shall vote to reconsider. I vote
''aye."
Mr. DENT said: I voted for the motion to
strike out "appointed" and insert "elected,"
when the motion was made, under the im-
pression that the convention would allow
each district to elect the judge which it was
decided should come from that district. It
was afterwards, however, so amended that
the judges of all the districts were to be elected
by general ticket throughout the State.—•
Preferring that there should be an appoint-
ment by the governor, rather than a general
election by general ticket, I now vote for the
reconsideration in order to substitute appoint-
ment in place of election by the people;
"aye."
Mr. EDELEN said: The reasons stated by the
gentleman from St. Mary's (Mr. Dent) are pre-
cisely those that govern me in voting "aye." |
