would be willing to let the Legislature prescribe
one mode of electing justices of the peace in the
counties; and another in regard to the city of
Baltimore? The Legislature is to provide for
the election of justices of the peace in each of
the wards of the city of Baltimore, just as
they are to be elected by districts in the coun-
ties. The gentleman's view is that nothing
should be stated in this bill, in regard to the
manner of regulating the election of justices of
the peace in the city of Baltimore, but that all
shall be left to the Legislature. I say it is not
right in that point of view. We desire uni-
formity. The question has been taken and de-
cided by a very large majority, and I suppose
their is no desire to change the rule, and make
the election different in the city from that all
over the State.
Mr. GWINN. I do not see that we have adop-
ted a uniform rule, in relation to the city of Bal-
timore, and the counties heretofore. Since I
had been in this Convention, I have heard no
other statement than that the city and the coun-
ties, are in every way opposite in interest, and
are not to he tried by the same rules. I now
call the attention of the House to the operation
of this system. In the 10th ward, which is situ-
ated in the neighborhood of the Courthouse, four
justices of the peace are certainly required, if
the construction of this article, made by the gentleman
from Prince George is correct, that there
shall be one justice of the peace for every ward
in the city of Baltimore, and as many additional
as certain wards will require, we will have more
of these officers than any man desires.
Mr. BOWIE. I suppose the Legislature is not
going to give you more than one for each ward.
Mr. GWINN. Well, I will suppose that gentle-
men have not the slightest idea of the existing
system in Baltimore city; they are speaking with-
out any knowledge in relation to this matter.
Several years ago we had thirty justices of the
peace, who were at liberty to take the fees of
their office, it was said that this system led to
many gross abases. Charges were made that
combinations had existed between the justices
and officers, which resulted in serious injury to
the people. The plan resorted to, was that we
should have only so many justices as were suffi-
cient to do the business of the city, and to bring
the fees into a common fund, which were dis-
tributed amongst the parties. In order there-
fore, that they should be properly remunerated,
it is necessary to have only a number sufficient to
transact the business of the city.
What is the experience of the city? It is that
twenty justices are amply sufficient to do the busi-
ness. What is the plan of the gentleman? It is
to have one at least from every ward. Now,
more than one is required in the tenth ward—we
cannot do without four. We require more in
the central wards than in those which lie in the
extreme eastern and western wards. In some
wards. I am told. they require none at all. What
is the effect of the plan proposed ? That some
•wards must go without anadequate number of
officers, or else we shall be compelled to depart |
from that system of common fund and division
which we have found so wholesome in the juris-
prudence of our city. So far as the city is con-
cerned, I suppose you are disposed to do right by
it. I do not conjecture that you adopted this
system with a view of taking away from us the
plan of a common fund for the remuneration of
the justices. The system you have made is ap-
plicable to the counties, but is not in any degree
applicable to the city.
Mr. RICAUD. The same amount of compensa-
tion is now established by law as is provided for
by this law.
Mr. GWINN. I will show gentlemen how such
a system would work. The twenty justices of
the peace for the city receive each about $750 a
year. To fill these offices, we require compe-
tent men, men of character, who are to be remu-
nerated in proportion to the services performed.
increase the number to thirty-five, and they will
each receive a sum so small as to be insufficient
for their support. The gentleman says that the
old system attaches to the present, but by doing
so it neutralizes all the effect of this system.
The gentleman will see this. Does not the bill
provide for one justice in every ward ?
Mr. BOWIE, it provides for no particular
number.
Mr. GWINN. Under his own construction, it
cannot be less.
Mr. RICAUD. I desire to ask the gentleman a
question. Do the five justices of the peace re-
quired for the tenth ward, come from that ward,
or live there, or only hold their offices there?
Mr. GWINN. The question has nothing to do
with the case. The tenth ward requires them;
and it is not likely that, if it elects them, it will
vote for men out of the ward.
The PRESIDENT stated that the gentleman's
time had expired.
Mr. GWINN. I ask the indulgence of the
House for a few minutes to reply to the interro-
gatory of the gentleman.
Unanimous consent being required, and objec-
tion being made, Mr, GWINN was not permitted
to proceed.
Mr. BRENT, of Baltimore city. I will take up
the proposition, it does not matter where the
justices of the peace live or where they sleep, it
is proposed to elect one justice from each ward.
There are some wards in which you will find it
impossible to find men who will serve as justices,
and what will you do then? I do hope that we
will be allowed to select our justices of the peace
from the whole city.
Mr. RICAUD. Is there a ward that cannot fur-
nish one or two justices of the peace?
Mr. BRENT. I will answer the question. I
say there are wards, in my opinion, where you
can find no man who will serve as justice of the
peace.
Mr. BLAKISTONE. When these gentlemen have
alittle more experience, they will become anti-
reformers. I find that both of the gentlemen
from Baltimore city, (Messrs. Brent and Gwinn,)
are getting to be anti-reformers. They think:
that the people are perfectly capable of electin |
