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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1169   View pdf image (33K)
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1169
should be defeated. I think the shoe is on
that foot rather than the other.
Mr. SANDS. That is the foot the shoe is on.
Mr. MAYHUGH, I am surprised to see gen-
tleman who I believe honestly desire the adop-
tion of this constitution taking the course
they have with regard to the election of mag-
istrates and constables. I am not at all sur-
prised to see gentlemen who have opposed
almost every article in this constitution taking
the course they have It seems to me that the
principle of the gentleman from Kent (Mr.
Chambers) fearing to place the election of offi-
cers within the gift of the people, and prefer-
ring the appointing power, to say the least of
it, has a tendency to centralization and mon-
archy. The only true theory of republican
government is to lodge the power in the peo-
ple, where it properly belongs; and if they
abuse that power, let them redress it them-
selves,
If the people of those counties which the
gentlemen represent as having such terribly
bad officers, have put these officers in power,
and have done so by their button-hole poli-
tics, if they have chosen them from prejudice
or party feeling, and they do not properly
and judiciously and honestly fulfil their du-
ties, then it Is their own fault; let them redress
their wrongs.
I differ from my colleague who last spoke
(Mr. Davis) with regard to the sentiments of
the people of Washington county, it may be
that many of them desire the appointment of
supervisors and constables and magistrates;
but I really believe that this constitution will
not receive the votes of the people of Wash-
ington county if they are to be appointed.
Elect the judges by the people, and not one
man out of every twenty in our county has
anything to do with that office. But take
from the masses of the people the election of
the very officers with whom they come in
contact every day, and what do you think
will be the result? It will be that that class of
people, feeling that their liberties have been
abridged, in that way too which they must
feel, will vote against this constitution. I
feel it through my whole system. I speak
honestly what I say. I do believe that if
these officers are to be appointed, it will de-
feat the constitution.
Gentlemen talk about reform. It is a ret-
rograde movement. It is going back ten
years at least. Those people have had these
rights and privileges, if they never had had
them, it would be a different thing. They
have had the privilege of selecting the officers
with whom they have business to do. And
if we change this they will say, you give us,
it is true, the election of officers with whom we
have nothing to do, but the very men that we
have business with, that may browbeat
and insult us, you refuse to allow us to elect.
I feel satisfied that it will endanger the con-
stitution.
Mr. BELT, Before the question is taken,
without feeling any particular personal inter-
est in the result of the vote, I feel myself under
obligation to state that among the questions
which interest my people, I really suppose
there was nothing upon which I received ad-
monition from so many of my constituents as
upon this very thing, that I should use every
particle of influence I could bring to bear to
have the present system changed. Our coun-
ty, no doubt, is differently situated from
that of many gentlemen, and they have dif-
ferent views. I remarked the other night, in
an argument I bad the honor to submit on
another question, that since this system was
put in operation we have scarcely had any
roads at all. It is impossible to make the
present system effective. I have drawn two
amendments, which I should like to offer, if
the house would consent to vote upon them.
The first amendment is to strike out all after
"counties" in the 3d line, so that the sec-
tion shall read:
"Sec 5. The general assembly shall pro-
vide by law for the appointment of road su-
pervisors and constables in the several coun-
ties."
This will allow the legislature to arrange
for the appointment of the officers; and as a
consequence of that, it will allow each county
practically through its representatives to de-
cide what system they shall have. The best
men in this State cannot make a road system,
or a uniform system of overseers or supervi-
sors of roads, to suit everybody. You cannot
have a system which will regulate the turn-
pikes of Washington county, and suit our
roads in Prince George's and Charles coun-
ties. But we can regulate these things. We
can each make a system, and send it through
our representatives to the legislature, and
have it passed; and that will suit the conve-
nience of the whole people.
The PRESIDENT. That amendment is not in
order until after the vote is taken upon the
pending amendment.
Mr. STIRLING. I think the members of the
convention are rather drawing into this dis-
cussion something that does not belong to it.
I do not see that the question affects the prin-
ciple of the election of officers by the people to
any extent whatever. So far as I am con-
cerned, I am decidedly in favor of letting the
people elect all officers of whatever character
that they can possibly elect. Some officers it
is not practically possible for them to elect.
In our preseat constitution we made a change
which, instead of giving the people the right
to elect their own officers, practically took it
away from them. If you can provide by law
that the people who live on a road shall elect
the road supervisor who shall actually have
charge of that road, I will vote for it with
great pleasure. But in an election district
there may be fifty roads, and if you elect a
roan he cannot possibly superintend fifty


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1169   View pdf image (33K)
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