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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1551   View pdf image (33K)
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1551
by the gentleman from Kent (Mr. Chambers,)
I am constrained, for the first time in my life
upon this question, to vote " aye."
Mr. HEBB said: Deeming the proposition
carried by the convention to-night one that
could not be carried in a full house, and be-
lieving this an attempt at coercion by the mi-
nority now present, I vote "aye."
Mr. SMITH, of Carroll. While I perfectly
understand the object of the motion to ad-
journ, I am not so wedded to any theory of
my own as to desire a small majority to de-
cide it. Believing that this proposition is one
for the public good, and one which ought to
commend itself to a majority of a full con-
vention, and that it may be carried to-mor-
row by a larger vote than to-night, I vote
"aye."
Mr. STIRLING. I vote to adjourn because
there are eight or ten members absent to-night
who I think may be here to-morrow, and I
do not wish a vote taken to-night. I vote
" aye."
Mr. THRUSTON, Believing that this is the
best judicial system suggested, and that it
will meet the views of the majority, I vote
"no."
The convention accordingly adjourned.
EIGHTY-FIRST DAY.
THURSDAY. August 25,1864.
The convention met at 10 o'clock, A. M.
Prayer by Rev. Mr. Owen.
The roll was called, and the following mem-
bers answered to their names:
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Billingsley, Blackiston,
Bond, Briscoe, Brooks, Brown, Carter, Cham-
bers, Crawford, Cunningham, Cushing, Dan-
iel, Davis, of Washington, Dellinger, Dent,
Duvall, Ecker, Edelen, Farrow, Gale, Gallo-
way, Greene, Hatch, Hebb, Hodson, Hoffman,
Hollyday, Hopkins, Hopper, Horsey, John-
son, Keefer, Kennard, King, Lansdale, Larsh,
Lee, Markey, Mayhugh, McComas, Mitchell,
Miller, Morgan, Murray, Negley, Nyman,
Parker, Parran, Peter, Pugh, Purnell, Ridge-
ly, Robinette, Russell, Sands, Schley, Schlos-
ser, Smith, of Carroll, Smith, of Dorchester,
Smith, of Worcester, Sneary, Stirling, Swope
Sykes, Thomas, Thruston, Todd, Turner,
Wickard, Wilmer, Wooden—75.
The proceedings of yesterday were read and
approved.
USURY LAWS.
Mr. WICKARD, moved to reconsider the vole
by which the report on interest and usury
laws was ordered to be engrossed for a third
reading.
Mr. THOMAS. I would like to hear from
the gentleman from Allegany the reason which
induces him to move a reconsideration,
Mr. WICKARD. Because I greatly prefer
the report of the committee. I am in favor
of the parties making their own contracts ;
and at the same time I would have the legal
rate of interest fixed,
The motion was not agreed to.
CIRCUIT COURTS.
The convention resumed the consideration
of the report of the judiciary committee, on
its second reading. The pending section was
as follows:
" Sec. 19. The State shall be divided into
eight judicial circuits, in manner following:
The counties of St. Mary's, Charles and Prince
George's, shall constitute the first circuit;
the counties of Calvert, Anne Arundel and
Montgomery, the second; the counties of Al-
legany, Washington and Frederick, the third ;
the counties of Baltimore, Howard and Car-
roll, the fourth; the counties of Harford, Ce-
cil and Kent, the fifth; the counties of Queen
Anne's, Talbot and Caroline, the sixth; the
counties of Dorchester, Somerset and Wor-
cester, the seventh; and the city of Baltimore,
the eighth."
The question was upon the following
amendment, being the amendment of Mr.
HEBB as amended by the adoption of the substitute
submitted by Mr. MILLER :
"Section 19. There shall be a judge {of
each county in the State, who shall be elected
by the legal and .qualified voters of the several
counties. He shall be a resident fur one year
in the county for which he maty be elected
next before the time of his election, and shall
reside in the county for which he is elected
while he continues to act as judge."
Mr. SCHLEY submitted the following amend-
ment to the amendment:
Add to the amendment the words " the sal-
ary of the circuit judges shall be levied and
paid by the respective counties, in which they
act."
Mr. STIRLING. I shall vote for this amend-
ment, because upon the examination I have
made since last night I find that the entire
taxation of some of the counties is not equal
to the salary of the judge. It' they want a
judge, let them pay for it by local taxation.
Otherwise the whole State revenue will be
absorbed by the judiciary.
Mr. CHAMBERS. I hear with great surprise
the propositron made and receiving a second,
which is now before the house. I ask every
member of this body if he ever beard of such
a slate of things; the government providing a
judicial system tor the State, and looking to
each county to pay the costs of that system ?
Such a thing never was heard of in the State.
1 say there has never been such a proposition
before.
Mr. STIRLING. The judge of the orphans'
court Is paid by the counties. Is not that a
i part of the judicial system?
Mr. CHAMBERS. Ye?, sir; but I am not
speaking of the orphans' court. I challenge


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1551   View pdf image (33K)
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