county; and the inhabitants whereof shall have
and enjoy nil such rights and privileges as are
held and enjoyed by the inhabitants of the other
counties in this State.
Mr. SMITH remarked that he supposed it was
not necessary fur him to say much on this sub-
ject, it was however important that he should ex-
plain the position of Allegany county. In point
of territory, it was nearly double that of any
other county in the State, containing about 11,090
square miles. That portion of the county which
it was proposed to divide, (being the western
part,) now contains a population of 7,000 souls.
The bill was entirely prospective in its character,
and provides for the separation after it shall have
increased in population to 10,000 souls. It is a
delightful region of country, and will no doubt
soon be filled with thriving and enterprising
citizens.
This portion of the county is very remote from
the county town, and it is greatly annoying to its
citizens to be dragged sixty or seventy miles to
the different courts. The bill therefore makes it
(after it has acquired a sufficient population, and
the people desire it, and make known their desire
by petition to the legislature,) imperative upon
that body to provide for the opening of books at
each election district in that part of the county
to take the sense of the voters upon the subject
for or against a new county. I deem it important
to make this provision in the Constitution to
avoid the difficulties and delays in being admitted
as a new county.
For many years has Howard District been
knocking at the door of the Legislature, asking
to be admitted as a county. Such was the case
in 1843, when I had the honor in, part to repre-
sent Allegany county, and yet never, until the
present moment, have they been able to accom-
plish their object. I hope, Mr, President, the
proposition will prevail, as it Is most reasonable
and just it should.
Mr. PHELPS said according to the Apportion-
ment Bill, which had been adopted by the House,
Allegany county was declared to be entitled to
four Delegates, but if you adopt this report, and
the county be divided into two, he presumed the
effect would he to increase their representation
upon this floor. Although the representation
agreed upon now is professedly arbitrary, after
1860 it is declared it shall be based in the coun-
ties solely upon population, and he thought the
same principle should apply to this new county
proposed to be created. If this county is to be
divided, let the representation be divided also, and
let the two have no more strength in the House
of Delegates than the one has under the present
basis of representation. There is a provision in
the Apportionment Bill that no county shall have
less than two representatives, and if you divide
Alleghany county, without any special provision
upon the subject, she will then have six Delegates
instead of four, as now provided.
Mr. SMITH said that there was no necessity for
this. It had now a population of 7,000, and it
would require some years before it would reach the
number proposed in the report. It might not di- |
vide until 1860, and then it would come under
the arrangement of the Constitution,
Mr. PHELPS thought this was looking too far
into the future. "Sufficient for the day was the
evil thereof." He most sincerely hoped the Bill
would not pass.
He remarked that there was a section in the Legislative
report which had been passed over infor-
mally, which looked to the fixing of the number
of inhabitants which should be requisite previous
to the creation of new counties. When that sec-
tion shall be under consideration lie gave notice
he should propose to fill the blank with ten
thousand, and should offer an amendment to the
section, pointing out the mode and manner of
creating new counties by the General Assembly
of Maryland.
Mr. SMITH said the gentleman from Dorches-
ter certainly did not comprehend his remarks.
He had said it would take several years to fill up
the amount of population. (True) it was now
very rapidly filling by enterprising citizens from
adjoining States.) After the amount of popula-
tion necessary, it would take several years to
carry out the provisions under any and every cir-
cumstance. He said there was a general provis-
ion for creating new counties in the Legislative
bill, and when it came up for consideration he
would move to fill up the first blank with 15,000,
and the second with 10,000, and add a certain
extent of territory. This last provision would
revent the counties from being too small in ter-
ptory and remove the objection of the gentleman
(Mr. John Newcomer) from Washington county.
He hoped the gentleman now understood him.
Mr. THOMAS had not supposed that this ques-
tion would elicit any discussion or much con-
trariety of opinion; but as the yeas and nays
were to be taken, he desired to say a few words.
Having a familiar local knowledge of that sec-
tion of Maryland, he would take occasion to say
that by the time a population of ten thousand
had located upon this territory from which they
proposed to institute a new county, it would be,
onerous, in the highest degree, to require the
people of that county to repair to Cumberland,
the present seat of Government, for some of
them would be obliged to travel sixty or seventy
miles. The section proposed to be made a new
county, when it should contain a population of
ten thousand souls, lies west of the Big Back
Bone or Savage Mountain, it would be, for ex-
tent of territory, next to Frederick and Baltimore
counties, the largest county in Maryland. He
thought that it would be an extreme hardship to
leave a portion of their people, when they
should become ten thousand strong, under the
necessity of traveling sixty or seventy miles to a
court of justice, fur the purpose of adjudicat-
ing very ordinary or trifling cases. To the hum-
ble mechanic and laboring man, it would be an
absolute denial of justice; for how could they
appeal from a magistrate's decision to the court
of the county? He asked gentlemen to suppose
the dilemma in which their constituents would
be placed if they had to travel sixty or seventy
miles to a court of justice?
The proposition made by the gentleman from |
