court residing in that district; because it is
strictly and properly a judicial office, and the
court can appoint better than any one else
But with regard to road supervisors, leave
that entirely to the legislature. If he prefers
that, I will consent to it with pleasure.
Mr. STOCKBRIDGE. I wish to suggest that
there is another report to tie acted upon by
the convention, which I apprehend, if adopted
will essentially modify all this, and render it
of very little account how this matter is dis-
posed of, as it will be a temporary arrange-
ment. I refer to report No. 8, on the rights,
duties, divisions and subdivisions of counties.
The second section of that report provides -
"Section 2. The general assembly may
provide by general law, for dividing the
counties into towns or permanent municipal
corporations in place of the existing election
districts, prescribing their limits, and con-
fiding, to them all powers necessary for the
management of their public local concerns,
and whenever the organization of these township
corporations shall be perfected, all offi-
cers provided for in this constitution, but
whose official functions shall have been super-
seded by such organizations shall be dis-
pensed with, and the affairs of such towns,
and of the counties as affected by the action
of such town, shall be transacted in such
manner as the general assembly shall direct."
Roads are included among the public local
concerns of the townships. It will then be-
come necessary to have a system precisely
like that which my colleague has indicated,
when the supervisor will have charge, not of
the roads of a whole county or a wide elec-
tion district, but of a neighborhood, and will
be elected by persons resident in the neigh-
borhood whose interest it is to have good
roads in their neighborhood, and who will
necessarily, for their own protection, and
their own comfort, hold him to a rigid ac-
countability in the discharge of his duties.
If the convention will act favorably upon
that report, this matter of road supervisors
will be but a temporary affair, and that will
supersede entirely the present arrangement,
and provide for all these public local con-
cerns. I am sure if this system is once in-
augurated, these petty local offices will. cease
to be cared about in this way.
Mr. BELT. Although there may be another
report to supersede in some respects the pres-
ent, it is our duty as we go along to perfect
so far as we can what we act upon. I desire
to say, also, with reference to the suggestion
of the gentleman from Howard (Mr. Sands,)
that I will so far modify my proposed amend-
ment as to insert the words "or election,"
If we are going to establish the principle that
each of the counties shall regulate its own af-
fairs, some of them may wish to elect, and if
any do, I prefer that they should elect. Others
may wish to appoint, and I am willing to give
the largest liberty to the counties. |
Mr. PUGH. If that amendment is adopted
all the rest of the section will have to be
stricken out.
Mr. SANDS. I shall support the proposition as
modified by my friend from Prince George's
(Mr. Belt,) for the very reason that supported
the elective feature for these minor offices, because
it leaves to the people of each county
the question whether they will have their offi-
cers elective or appointed. I think we all want.
the largest liberty to be guarantied to our peo-
ple. I am sure that the people of Howard, if
they want to elect their officers, are perfectly
satisfied that the people of Prince George's,
shall appoint their officers. It is just to give.
the people of each county the right to regu-
late their own county affairs. I shall support
that with a great deal of pleasure.
The question being taken upon the amend-
ment moved by Mr. DELLINGER, it was rejected.
Mr. BELT submitted the following amend-
ment :
Insert after the word "appointment," in
line second, the words "or election," and
strike out all after the word " counties," in.
the third line.
Mr. SCHLEY. I will move to amend the amend-
ment by adding "and the city of Baltimore."
Mr. STIRLING, We do not want road supervi-
sors in the city of Baltimore. I suggest that
we strike out constables, and provide for them
in the judiciary article.
Mr. BELT. Finding that the city of Balti-
more was not mentioned in the clause, I omit-
ted to refer to it. I thought they knew their
own interests better than I did.
Mr. SCHLEY withdrew his amendment.
Mr. DAVIS, of Washington, submitted the
following amendment to the amendment :
Amend by striking out the words "and
constables," in the second line, "and constables,"
in the fourth line.
Mr. DANIEL, It seems to me that a practical
difficulty will arise from a provision we have
already adopted here. We have said that there
shall be no special legislation with reference
to roads. On the motion of my colleague of
Baltimore city (Mr, Stockbridge,) that was
adopted. The idea that they maybe elected
in one county and appointed in another is in
direct conflict with that, which says it must
be by general law.
Mr. POOH. Not at all. The legislature is
bound to pass a general law to meet this very
case.
Mr. DANIEL. The legislature is bound to
provide for their "appointment or election,"
if we adopt this amendment, one or the other.
Gentlemen have argued it that they may pro-
vide for an election in one county if the peo-
ple prefer it, and for appointment in another,
if the people prefer it. I say that is inconsis-
tent with what we have already adopted; for
we have said there shall be a general law upon
this subject. I conceive that the legislature
may say that they shall be appointed in every |
