Mr. JOHN NEWCOMER protested against the en-
grafting of a provision in the Constitution, limit-
ing the number of the Commissioners in the coun-
ties. He knew that in Washington county, per-
haps the third largest county in the State, they formerly
had nine Commissioners. In 1845, they
changed the law, and reduced the number to
three. He had been a Commissioner since that
time and he knew that the three dispatched
business more readily and at less expense than
the nine, and he had heard no complaint yet that
the Commissioners had not been able to do the
business of the county. He desired that the Leg-
islature should hereafter fix the number to suit
the different counties.
Mr. TUCK moved to amend the fourth section,
by inserting after the word "for" the words, "de-
termining the number for each county, and,"
and by adding at the end of the section, the fol-
lowing:
"And the number of Commissioners that may
be hereafter prescribed by law shall not be
changed."
Mr. MCHENRY said:
That he would withdraw his substitute, as he
found that the House were disinclined to go into
details, although he had full belief in the propriety
of the system.
Mr. CONSTABLE moved the previous question,
which was seconded, and under the operation
thereof, the first amendment of Mr. TUCK was
agreed to.
The question was then taken on the second
amendment, (that the number of Commissioners
that may be hereafter prescribed by law shall
net be changed,) and it was rejected.
The section as amended was then agreed to.
Mr. MCHENRY moved to insert the following
as an additional section:
Sec. The Commissioners of the respective
counties shall on or before the first day of June in
each year, designate three justices of the peace,
in and for each election district, to serve as judges
of all elections to be holden in such district, until
the same period of the following year.
Mr. MCHENRY said, that this section met with
the unanimous consent of the committee, as a
correct mode for the appointment of judges of
elections.
Mr, MITCHELL said, that they had but two
magistrates in his county. His idea was, that
that they would have but one if they should elect
magistrates by the people, and he desired to
knew what effect this law would have then?
Mr. TUCK said, that it was known that some
gentlemen had expressed a willingness to elect
all officers by the people—judges, coroners, and
every thing of that kind. To prevent a multipli-
city of elections occurring, the committee thought
that if they should designate three out of a class
who had received public approbation at a popu-
lar election, to be judges of elections, that that
object would be accomplished.
Mr. BUCHANAN had been in favor of electing
the judges of elections by the people, but that
seemed not to have been adopted. He had no
idea of confining the judges of elections to three |
or four men elected as magistrates. The commissioners
themselves, having been elected by
the people, were presumed to know something
about the people's wants, and the better plan
was to allow them full latitude.
Mr. PHELPS said, that if the judges themselves
were made judges of elections, how would they
elect them ? The judges themselves would be
Candidates to be elected, and yet would be judges
of their own election!
The question was then taken on agreeing to
the amendment of Mr. MCHENRY, and it was de-
cided in the negative.
So the section was not adopted.
The fifth section was then read as follows :
Sec. 5. The General Assembly may provide
by law for the election or appointment of such
other county officers as may be required, and are
not provided for in this Constitution, and pre-
scribe their powers and duties; but their tenure
of office, their powers and duties, and mode of
appointment shall be uniform throughout the
State.
Mr. CONSTABLE moved to amend the section,
by inserting after the words "the General As-
sembly," the words "shall provide bylaw for the
election of road supervisors in the several coun-
ties by the voters of the election district respec-
tively, and."
Mr. BLAKISTONE offered as a substitute for said!
fifth section the following :
"The commissioners of the several counties of
this States, after the adoption of this Constitution,
shall fix the number of Supervisors of roads for
the several election districts of their respective
counties, who shall be elected by the legal voters
of said districts respectively, at the first general
election of delegates, and at each general elec-
tion of delegates that may happen thereafter, and
in case of the death or removal of any supervisor,
the commissioners shall supply such vacancy un-
til the next general election, and any person
elected supervisor, who shall refuse to act shall
be subject to a penalty of $10, unless such per-
son has previously served in such capacity with-
in the last ten years next preceding."
Which was read.
The President ruled the substitute to be out of
order.
The question then recurred on the adoption of
the amendment as offered by Mr. CONSTABLE.
Mr. JOHNSON said, that in no portion of the
State were the people more interested in the sub-
ject of roads than in his county. They had a
rolling country and bad roads, and the commis-
sioner of roads was very important for their
intercourse. The rains of Heaven in some por-
tions of the State beat the roads hard, but in his
county they made them worse, because they
had a soft soil.
Mr. BROWN suggested to the gentleman from
Cecil, that it would be difficult in his section of
the country to carry out the system he had pro-
posed. The roads were divided into sections,
and each section was superintended by a different
individual. Their county was unfortunately divided
by a road. running through it, and there |
