year in relation to the election of municipal officers.
He could not see why the fixing of the
number of justices of the peace in each county
should not be left to the Legislature. That, cer-
tainly, was the more advisable course.
Mr. BROWN said:
That the gentleman from Queen Anne's, (Mr.
Spencer,) had evidently misunderstood him.
The election of the county commissioners would
take place after the election of members of the
House of Delegates. There would be an oppor-
tunity for the candidate for the House of Dele-
gates to say, if you will vote for me I will in-
crease the number of magistrates, and you can
run as a candidate for that additional office. He
should consider the power just as safe in the
hands of the levy court, or the county commis-
sioners, as in the hands of the delegates from the
counties. He believed it to be the safest for the
people to let the county commissioners decide
upon the number.
Mr. WEBER did not consider the proposition of
his colleague liable to the objections urged
against it. There had already been adopted an
article that the board of commissioners in the
respective counties should be chosen uniformly by
general ticket throughout the State. The leg-
islature was expected also to provide some law to
extend to the county commissioners certain pow-
ers which had before been exercised by the gen-
eral assembly of the State, giving to them a lo-
cal legislation. They were certainly more com-
petent to decide upon the number of justices of
the peace, and of constables, than the legislature
could possibly be. There had been heretofore
much complaint that every little local question
must be brought before the General Assembly,
thus engrossing a large portion of their time. If
this power should be vested in the county com-
missioners, the legislature would be saved a
great amount of labor.
in Allegany county five justices of the peace
might be this year amply sufficient for all the
purposes in Cumberland District. Two years
hence, ten might be required. Shall they be re-
quired to go to the General Assembly for those
additional justices of the peace? The statute
books would be covered with such enactments.
The county commissioners were elected every
two years, and it seemed to him that this power
could be entrusted to them for that time.
Mr. HOLLYDAY modified his amendment by in-
serting after the word "Commissioners" the
words "and the city council of Baltimore."
The question recurred and was taken on the
adoption of the amendment as amended.
Determined in the negative.
Mr. FOOKS then moved to amend the twenty-
first section by striking out all from the begin-
ning of said section to the word "the" in the
third line, and inserting in lieu thereof the follow.
ing:
"There shall be two justices of the peace in
in each election district of every county in the
State, and each ward in the city of Baltimore
respectively, having one hundred voters, and one |
additional justice for each additional two hun-
dred voters elected by. "
Determined in the negative.
Mr. STEPHENSON then moved to amend the
twenty-first section by striking out from the be-
ginning of the section down to the word "res-
pectively," in the fourth line inclusive, and in-
serting in lieu thereof the following:
"There shall be elected for each of the wards
of the city of Baltimore and for each of the elec-
tion districts of the several counties of this State,
by the voters thereof respectively, such numbers
of Justices of the peace and constables as may be
fixed and regulated by the legislature at its first
session."
Mr. BRENT, of Baltimore city, moved that the
question be taken by yeas and nays;
Which being ordered,
Appeared as follows;
Affirmative—Messrs. Blakistone, Ricaud, Lee,
Chambers, of Kent, Dorsey, Randall, How-
ard, Buchanan, Bell, Lloyd, John Dennis,
James U. Dennis, Dashiell, Williams, Hicks,
Hodson, Goldsborough, Phelps, McCullough,
Miller, Spencer, Grason, George, Wright, Dir-
ickson, McMaster, Hearn, Jacobs, Shriver, An-
nan, Stephenson, McHenry, Magraw, Carter,
Stewart, of Baltimore city, Schley, Fiery, Neill,
John Newcomer, Harbine, Michael Newcomer,
Anderson, Fitzpatrick, Parke and Cockey—45.
Negative—Messrs. Chapman, Pres't, Morgan,
Dent, Hopewell, Wells, Weems, Sherwood, of
Talbot, Colston, Bowie, Tuck, Sprigg, Bowling,
Fooks, Gaither, Thawley, Stewart, of Caroline,
Hardcastle, Gwinn, Brent of Baltimore city,
Ware, Brewer, Weber, Hollyday, Smith, Show-
er and Brown—36.
So the amendment was adopted.
The question then recurred upon the adoption
of the substitute as offered by Mr. BOWIE, for the
twenty-first section of the report.
Mr. WEEMS offered as a substitute for said
section and substitute the following:
"Magistrates, constables, coroners and elizors,
shall be appointed as now prescribed by law, or
in such manner as the General Assembly may di-
rect."
Mr. WEEMS said:
That he would not object to allowing the peo-
ple to elect all the officers they might desire to
elect, bat in the section of the State from which
he had the honor to come, he did not believe
they desired to elect these minor officers. They
were perfectly satisfied to let them be appointed
by the local authorities. They would prefe
that mode of appointment, or to have them ap-
pointed by the Governor, by and with the ad-
vice and consent of the Senate, and upon the re-
commendation of their delegates biennially elec-
ted to represent them. They would not have any
more efficient officers than they had already
had.
On the contrary, they would be worse, infi-
nitely worse, because those best fitted for the
stations, would not be disposed to canvass the
district for an office for two years. It would be
utterly impossible for them to be elected with- |
