And the question being taken, it was determin-
ed in the affirmative.
Mr. BRENT, of Baltimore city, then moved to
amend the twenty-first section of the report, by
adding at the end thereof the following :
"But it shall be competent for the mayor and
city council of Baltimore, to provide by ordinan-
ces, from time to time, for the raising and regu-
lation of such temporary additional police or
special constabulary force as they may deem ne-
cessary and proper."
Which was read.
Mr. BOWIE contended that the mayor and city
council had that power under the present char-
ter. When this Constitution distinctly defined
the duties of constables, it did not allude to
police, who were required to preserve the peace
of society. And, when this Convention under-
took to say that the officers in each ward of Bal-
timore city should do so and so, we meant, of
course, such officers as were known to the law.
We meant that they should arrest criminals,
He repeated that there was no reference to police
officers; therefore he could see no necessity for
the insertion of such a provision in the Constitu-
tion.
On motion of Mr. BLAKISTONE,
The amendment was amended by adding at the
and thereof the words "to preserve the public
peace."
The question then recurred on the adoption of
the amendment as amended; and
The question having been taken—it was
Determined in the affirmative.
The twenty-first section was then adopted as
amended.
The twenty-second section of the report being
under consideration, was then read as follows :
Section 22. Sheriffs shall be elected in each
county, and in the city of Baltimore, every third
year, that is to say, two persons for the office of
sheriff for each county, and two for the said city,
the one of whom, having the highest number of
votes of the qualified voters of said county, or
city, or if both have an equal number, either of
them, at the discretion of the Governor, to be
commissioned by the Governor for the said office
and having served for three years, such person
shall be ineligible for the four years nest suc-
ceeding; bond with security, to be taken every
year as usual, and no sheriff shall be qualified to
act before the same be given. In case of death
refusal, disqualification or removal out of the
county before the expiration of the three years
the other person chosen as aforesaid shall be
commissioned by the Governor to execute the
said office for the residue of the said three years
the said person giving bond with security a
aforesaid. No person shall be eligible to the
office of sheriff, but a resident of such county or
city respectively, and who shall have been a citizen
of this State at least five years preceding hi
election, and above the age of twenty-one years
The two candidates, properly qualified, having
the highest number of legal ballots, shall be declared
duly elected for the office of sheriff to
such county or city, and returned to the Governor |
with a certificate of the number of ballots for each
of them.
Mr. BLAKISTONE moved to amend the section
by striking out the word "third" in the 2d line
thereof;
And the question having been taken, it was
determined in the affirmative.
Mr. BLAKISTONE then moved to fill the blank
with "two."
Mr. DORSEY moved to fill the blank with
"four."
The question was first taken on filling the
blank with "four," being the highest number;
and
Mr. FITZPATRICK demanded the yeas and nays,
which being ordered and taken,
Resulted as follows:
Affirmative—Messrs. Ricaud, president pro
tem., Dorsey, Wells, Kent, Dashiell, Williams,
Hodson, Chambers of Cecil, McCullough, Miller,
Bowie, Tuck, Bowling, Grason, George, Wright,
McMaster, Fooks, Shriver, Gaither, Biser, An-
nan, Stephenson, Neill, John Newcomer and
Waters—26.
Negative—Messrs. Morgan, Blakistone, Hope-
well, Lee, Sellman, Weems, Bond, Howard,
Buchanan, Bell, Welch, Sherwood of Talbot,
Colston, John Dennis, James U. Dennis, Consta-
ble, Dirickson, Jacobs, Johnson, McHenry, Ma-
graw, Carter, Thawley, Hardcastle, Gwinn,
Stewart of Baltimore city, Sherwood of Balt,
city, Ware, Schley, Fiery, Harbine, Michael
Newcomer, Brewer, Anderson, Weber, Holly-
day, Fitzpatrick, Smith, Parke and Cockey—39.
So the convention refused to fill the blank with
"four."
The question then recurred and was taken on
the motion of Mr. BLAKISTONE, to fill the blank
with "two;" and
Determined in the affirmative.
On motion of Mr. DORSEY,
The 22d section was amended by striking out
in the 1st line the word "Sheriffs," and inserting
the word "there," and in the 2d line strike out
the words "that is to say."
Mr. SHRIVER moved further to amend the sec-
tion by striking out after the word "shall," in
the 7th line, to the word "succeeding," inclu-
sive in the 8th line, and insert "give."
And the question having been taken, it was
determined in the negative.
Mr. DORSEY moved to amend said 22d section
by striking out in the 7th line the word "ineli-
gible," and inserting "re-eligible."
And the question having been taken, it was
determined in the negative.
Mr. SCHLEY moved to reconsider the vote of
the Convention on the amendment to said section,
striking out the word "third," and insert-
ing in lieu thereof "second."
And the question having been taken, it was
determined in the negative.
The 22d section was then adopted as amended.
The 23d section of the report was then read.
On motion of Mr. BOWIE,
The section was amended by striking out in |
