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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1622   View pdf image (33K)
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1622
a perfect right to vote any amount of money
to these judges that they see fit.
Mr. STIRLING. This provision says the
judges shall not have any more.
Mr. ABBOTT. Out of the State treasury.
Mr, STOCKBRIDGE. I rise simply to correct
a statement of fact by the gentleman from
Howard (Mr. Sands,) who says that such an
anomaly was not before known of judges of
an inferior court receiving a larger salary
than judge's of a superior court.
Mr. SANDS. So far as I know.
Mr. STOCKBRIDGE. Well, the gentleman
will know more in a moment. The judges
of the court of appeals of the State of New
York receive a salary of three thousand five
hundred dollars a year. The governor of
that State receives a salary of four thousand
dollars a year. The judges of the superior
court, and the judges of the court of common
pleas for the city of New York receive five
thousand dollars a year salary; a thousand
dollars more than the governor, and fifteen
hundred more than the judges of the court of
appeals of that State. I wanted to correct
the gentleman as to that matter of fact.
Mr. SANDS, is there any other case? I
should like to know all these cases. New
York may have done this thing. I want to
know if there is any other case.
Mr. STOCKBRIDGE. We will instruct the
gentleman in facts as we go on. It is nothing
unusual for this convention to say the coun-
ties shall pay so and so. We have done it
all through the constitution. We have said
that the judges of the orphans' court shall be
paid by the counties. Gentlemen know that
if they know at all what we have done in
this convention. We have provided that
certain fees shall be paid by certain suitors,
I am very much pleased with this rage of
economy. I like to see money saved to the State
and to the citizens of the State. I wish this
rage had prevailed when we bad the seventh
section of this judiciary report before us,
Yet gentlemen deliberately struck out a pro-
vision which proposed to cut off a useless ap-
pendage of the judicial department, and which
costs the State more than ten thousand dol-
lars a year.
The PRESIDENT. The convention reinstated
it.
Mr. STOCKBRIDGE. Not so. The proposi-
tion of the committee on judiciary was to
strike out and abolish a certain office, which
was good for nothing but to draw money,
and which did draw money pretty freely,
That proposition was stricken out. Then an
amendment was made, upon the motion of
the gentleman from Baltimore county (Mr.
Ridgely,) which simply made the salary of
that officer fixable by the general assembly,
But until they do fix it, of course it stands
as it does now, ranging from seventy-five
dollars in the small counties up to fifteen
hundred dollars and fees, and so on up to
four or fire thousand dollars and fees. So that
that good for nothing officer is really receiv-
ing two thousand dollars a year more than
gentlemen are willing to allow to our judges.
1 congratulate them on this streak of econ-
omy.
Mr, ABBOTT. We are paying for judges
now more than we are paying for any other
officer in the Stile, except the governor. 1
do not see that there is any room for the gen-
tleman to find fault.
Mr, STOCKBRIDGE. I did not say I found
fault; I approved this economy highly.
The question was then taken upon the
question of Mr, CUSHING, and it was rejected.
Mr. SANDS. Some of us who want to get
home must star! in the half past two o'clock
train. I therefore move that the convention
now adjourn.
The motion to adjourn was withdrawn by
Mr. SANDS, at the request of
Mr. CUNNINGHAM, who moved that when
this convention adjourn today it stand ad-
journed to Monday next at twelve o'clock.
Mr. CUSHING moved to amend by making it
half past twelve o'clock.
Mr. CUNNINGHAM accepted the amendment.
The question was then taken upon the mo-
tion of Mr, CUNNINGHAM, as modified, and it
was rejected,
SCHEDULE.—MINORITY REPORT,
Mr, LANSDALE, from the minority of the
committee on schedule, submitted the follow-
ing report, which was read :
The undersigned, a minority of the mem-
bers of the committee on provisions and or-
dinances as may be desirable to carry into ef-
fect amendments to the constitution, report
that they dissent from the report submitted
by the majority of the committee,
First. Because they believe the authority
given to soldiers in camp to vote at all elec-
tions, will utterly fail to have the effect pro-
posed by those who advocate the measure;
on the contrary, as the undersigned believe,
it will enable the officers who command the
soldiers, to control the votes of those who
feel and know the power of their officers, to
make them suffer in various ways the penalty
of disobedience to their wishes. To a soldier
on duly, the first great lesson taught, is obe-
dience to his commanding officer. Military
necessity requires a rigid exaction of this du-
ty; it allows of no discussion or discretion.
To tail in the smallest respect insures harsh
treatment, even in cases where martial law
prescribes no specific penalty. It will not be
doubted that the only safe approach to the
favor of an officer is to gratify his wishes by
voting his ticket.
Second. But whatever may be the proprie-
ty of taking the votes of soldiers or their offi-
! cers, the undersigned cannot permit them-
selves to doubt of the concurrence of the con-
vention in their determined opposition to so


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1622   View pdf image (33K)
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