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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 239   View pdf image
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239

sideration the best means of establishing a good
Constitution in this State, declare : "
Some conversation followed.
Mr. CHAMBERS preferred the amendment of the
gentleman from Washington. At any time prior
to the vote of Friday last, he should have con-
curred in the view taken by the gentleman from
Anne Arundel. He regarded that vote as chang-
ing our condition in this respect. Our Constitu-
tion no longer recognizes the God of the Chris-
tian or the God of the Jew. The invocation of
an Almighty God is now out of place in our Con-
stitution. We recognize " a " God—any God
under whose dispensation his worshipper may
look for reward or punishment in this life or the
next.
The Indian, the Hindoo and numerous classes
of heathens, put faith in "a" God, who, though
sometimes he sleeps, or is engaged in indulgences
which call off his attention, yet, when aroused,
is able to punish disobedience to his will. Some
worship the great spirit of evil to deprecate his
wrath. All such are now made capable of hold-
ing the highest offices in the government. Let
the Convention be consistent in this respect.
As to the verbal criticism of the gentleman
from Anne Arundel, he dissented from his opini-
on. We are now making a Constitution, if we
succeed in our object—if we do make a Constitu-
tion, it is for the people to ratify or reject what
their delegates have done.
The question was then stated to be on the sub-
stitute of Mr. JOHN NEWCOMER.
Mr. N. asked the yeas and nays, which were
refused.
The question was then taken, and by ayes 33,
noes 31, the substitute was adopted.
And the preamble, as thus amended, was adopt-
ed.
Mr. SPENCER moved that the bill of rights, as
amended, be printed.
Ordered accordingly.
THE JUDICIARY.
Mr. BOWIE, Chairman of the Committee on
the Judiciary Department, submitted the following
report:
The committee on the Judiciary, beg leave to
make the following
REPORT :
Section 1. The judiciary Power of this State
shall be vested in a Court of Appeals, in County
Courts, in such courts for the city of Baltimore as
may be herinafter prescribed, and in justices of
the peace.
Sec. 2. The Court of Appeals shall consist of
a Chief Justice and two Associate Justices, any
two of whom shall form a quorum. The Gov-
ernor by and with the advice of the Senate, shall
designate the Chief Justice.
See. 3. The Court of Appeals shall be co-ex-
tensive with the limits of the State, but in crimi-
nal cases, and in appeals from interlocutory judg-
ments and decrees, with such exceptions and un-
der such regulations as may be prescribed by law,
and the Court of Appeals and judges thereof shall

have power to issue writs of Mandamus and writs
of Diminution and such other writs as shall be
necessary to enforce its own jurisdiction, and
may also compel a judge of a county court or
other inferior court to proceed to trial and judg-
ment in a cause—and the Court of Appeal shall
hold its sessions at the city of Annapolis on the
first Monday of June and the first Monday of
December in each and every year.
Sec. 4. The Court of Appeals shall appoint its
own clerk, who shall hold his office for six years,
and may be re-appointed at the end thereof; he
shall be subject to removal by the said court for
incompetency, neglect of duly, misdemeanor in
office, and such other causes as may be prescribed
by law.
Sec. 5. The State shall be divided into three
Judicial Districts, one on the Eastern and two on
the Western Shore, which said districts shall be
laid off as the Gubernatorial districts are, and
one person from among those learned in the law,
having been admitted to practice the law in this
State, and who shall have been a citizen of this
State at least five years, and above the age of
thirty years at the time of his election, and a re-
sident of the judicial district, shall be elected
from each of said districts by a plurality vote of
the legal and qualified voters therein, as a judge
of the said Court of Appeals, who shall hold his
office for the term of ten years from the time of
his election, or until he shall have attained the
age of seventy years, which ever may first hap-
pen, and be re-eligible thereto until he shall have
attained the age of seventy years, and not after ;
subject to removal for incompetency, wilful neglect
of duty, misdemeanor in office, and such
other causes as may be prescribed by law, by
presentment of the Grand Jury and conviction of
a petit jury of the county in which he may reside.
or by the Governor upon the address of the Gene-
ral Assembly, two-thirds of the members of each
house concurring in such address. The salaries
of the judges of the Court of Appeals, shall be
two thousand five hundred dollars annually, and
shall not be diminished during their continuance
in office.
Sec. 6. The Legislature may hereafter, should
the public convenience require it, increase the
number of judges of the court of appeals to five ;
in which event, a new division of the State into
five judicial district, shall be made in such man-
ner as to secure two to the Eastern and three to
the Western Shore.
Sec. 7. No judge of the Court of Appeals,
shall sit in any case wherein he may be interested,
or where either of the parties may be connected
with him by affinity or consanguinity within such
degrees as may be prescribed by law, or where
he shall have been of counsel in the cause. When
the Court of Appeals, or any two of its members
shall be thus disqualified to hear and determine any
cause or causes in said court, or when no judg-
ment can be rendered in any case or cases in
said court, by reason of the equal division of
opinion of said judges, the same shall be certified
to the Governor of the State, who shall immedi-
ately commission the requisite number of persons



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 239   View pdf image
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