tion, the same year with the election of ajudge;
and the same reason which would apply to the
election of a judge, would also apply to the
election of a prosecuting attorney.
Mr. PHELPS said:
He agreed in sentiment to many of the remarks
which had just fallen from the gentleman from
Queen Anne's, (Mr. Spencer,) but could not vote
for his amendment. He deprecated the idea of
Prosecuting Attorneys and, judicial station being
dependent upon mere party services. But the
amendment, if adopted, could not and would not
prevent it. The mere fact of electing this class
of officers upon a separate day from that assigned
for the election of all other officers of the State,
he felt quite sure, would prove no panacea for
this evil.
He asked what was the present condition of
things in Maryland ? If a vacancy occur in the
judiciary, the appointment is always made upon
party grounds, and this remark applies with equal
force to both the great parties of the country—
Whigs and Democrats. The gentleman says
Prosecuting Attorneys should not be chosen upon
party grounds. This in beautiful in theory but
is not, quite borne out in practice. What, sir,
has transpired upon this subject in this State
within the last few weeks. He would answer,
the Attorney General now in his eye, had, with-
in that time, removed, he believed every Whig
deputy in Maryland and appointed Democrats in
their stead. Of this it was not his purpose to
complain, but he alluded to the fact to prove the
fallacy of the gentleman's position. It is said,
" coming events cast their shadows before," and
in the same spirit he would say that the past has
overshadowed the future. The only way parties
exist, always have existed and ever would exist,
was by taking care to provide for their political
friends. And, although the elections might
take place in May, September, October or any
other time, and whether distinctly held for this
class of officers or upon the day of the general
election, judges and district attorneys would ever
be run into these positions upon party grounds.
He deprecated such a proceeding, for he knew
it to be an evil—he knew it to be, to use a com-
mon expression, " a crying evil," but the prac-
tice could not be changed unless the foundations
of government were uprooted and the human pas-
sions and feelings upturned and overthrown, and
made to take a totally different direction.
He believed an important subject of reform
was to have as few elections as is consistent with
the public safety and the principles of civil liber-
ty. Every body knew, here and elsewhere, the
demoralising and injurious effects of never-end-
ing and never-ceasing political agitation and
strife. Apart from religious considerations, and
apart from the expense of these frequent elec-
tions, the social effects upon society itself is high-
ly injurious. This Convention has already de-
termined upon biennial sessions of the Legislature,
and looking to that fact, have fixed the term of
service of the Governor to four years. He hoped
in the further progress of the deliberations of
this body, that this same principle will prevail |
in fixing the term of service of each and every
officer of the State, and for all time to come we
hall have but one general election, and that one
in every alternate year. Let at least one year in
every two be appropriated to the tranquil and
quiet pursuits of private life. He hoped the
amendment would not prevail.
Mr. SPENCER replied. His remarks will ap-
pear hereafter.
Mr. DIRICKSON moved as a substitute for said
amendment, to strike out in said section the words
"first Monday of October," and insert in lieu
thereof the words "the Tuesday after the first
Monday of November."
Mr. D. said, be made this motion because it
was the Presidential election day.
Mr. D. asked the yeas and nays which were
ordered, and being taken, resulted as follows:
Affirmative—Messrs. Morgan, Lee, Chambers
of Kent, Dorsey, Wells, Kent, Brent of Charles,
Merrick, Jenifer, Crisfield, Williams, Hicks,
Hodson, Goldsborough, Eccleston, Phelps, Bowie,
Sprigg, McCubbin, Dirickson, McMaster, John
Newcomer, Waters, and Smith—24.
Negative—Messrs. Buchanan, Pres't., pro tem.,
Donaldson, Sellman, Howard, Bell, Welch,
Chandler, Lloyd, Dickinson, Sherwood of Tal-
bot, Chambers of Cecil, McCullough, Miller, Mc-
Lane, George, Wright, Shriver, Biser, Sapping-
ton, McHenry, Magraw, Nelson, Stewart of
Caroline, Hardcastle, Gwinn, Stewart of Balti-
more city. Brent of Baltimore city, Ware, Schley,
Fiery, Neill, Harbine, Brewer, Weber, Holly-
day, Slicer, Fitzpatrick, Parke, Shower, and
Cockey—39.
So the amendment was rejected.
The question then recurred on the amendment
of Mr. SHRIVER.
Mr. SHRIVER withdrew it for the present.
Mr JOHN NEWCOMER moved to amend said
seventh section by striking out in the second line
the words "first Wednesday of October next,"
and inserting in lieu thereof "second Wednesday
of October, 1852."
Mr. SPENCER moved as a substitute for said
amendment, to strike out in said section the words
"first Monday of October next," and insert "first
Monday of May 1852."
Mr. WELLS expressed his views in opposition
to the amendment of the gentleman from Queen
Anne's, (Mr. Spencer.) He thought the District
Attorneys ought to be elected at an early day.
Mr. SPENCER made some remarks, which will
be published hereafter.
Mr. BOWIE observed that he did not see any
necessity for changing the fifth section of the
Constitution, as reported by the committee. It
provided for the election of county attorneys on
the first Wednesday in October next, and there
had been a motion made that their election should
take place at the same time as the Presidential
election, but it was voted down by a large ma-
jority of the Convention. But are gentlemen
aware that every election of Maryland costs the
people five or six thousand dollars. His friend
from St. Mary's, [Mr. Morgan] the other day,
went through the expenses attending all elections |
