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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1192   View pdf image (33K)
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1192

the report to mean. I withdraw the amend-
ment.
The second section was read as follows :
Sec. 2. The general assembly .nay provide
by general law for dividing the counties into
towns or (permanent municipal corporations
in place of the existing election districts, pre-
scribing their limits, and confiding to them
all powers necessary for the management of
their public local concerns, and whenever
the organization of these township corpora-
tions shall be perfected, all officers provided
for in this constitution, but whose official
functions shall have been superseded by such
organizations, shall be dispensed 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.
Mr. SCOTT submitted the following amend-
ment.
Strike out from the word "assembly, " in
the first line, to the word " the, " in the sec-
ond line, land insert the words "shall by
general law authorize the county commissioner?
to divide. "
Mr. STOCKBRIDGE. I hope that amendment
will not prevail. It destroys the section;
and it may as well not be enacted in the con-
stitution it all. It is perfectly competent, as
the lection stands for the general assembly to
do precisely what is indicated by that amendment.
It is the simple, natural way which
they would most certainly hit upon. The lat-
ter portion of the section stricken out is a vital
portion of it necessary to the working of the
system.
Mr. SCOTT. I do not strike out the latter
portion of the section. One object is to pro-
vide for the nude of dividing the counties,
that it shall be by the county commissioners,
and not by the legislature; and another is,
instead of leaving it optional with the legislature
whether they will provide or not, my
amendment makes it obligatory upon them
to provide.
The. amendment was rejected.
Mr. ECKER moved to strike out "may," and
insert "shall," in line one.
The amendment was agreed to—ayes 32,
noes not counted.
Mr. SCOTT submitted the following amendment:

After the word "shall," in the first line,
insert the words "at its first session alter the
adoption of this constitution,"
Mr VALLIANT. I hope the gentleman will
not insist upon that If the general assembly
should happen to fail at its first session so to
provide, I "apprehend that the succeeding gen-
eral assembly will not feel obliged to do it at
all, or any other general assembly. At any
rate that is a question that may arise.
Mr. CLARKE. I have only a word to Bay in
opposition to the amendment. I am satisfied
that a large section of the State is not pre-

pared for this important change to be inaugurated,
of the whole reorganization of their
county systems. We have county commis-
sioners and election districts, and we are ac-
customed to the regular mode in which coun-
ty matters are transacted, I am not aware
that these county officers have failed to meet
the wants of the people. In. our section of
the State they have managed properly and
wisely for the interests of the people. Now
you propose to divide up these counties by an
entirely new organization of a political char-
acter, to divide the counties into townships,
different political communities. The counties
are many of them thinly settled. I am satis-
fied that in New England it is an improve-
ment to divide the counties. In such a thick-
ly populated country it answers very well.
But I am satisfied that the people in many
portions of this State are not prepared for
this change. I do not wish to go into any
discussion of the matter. I do not think much
could be effected by adopting the amendment.
Mr. SCOTT. I hope gentlemen will consider
that this will operate to their advantage par-
ticularly. We want it for the roads Our
present election districts are entirely too large,
as indicated yesterday, for one man to have
charge of the roads. And if they were di-
vided into smaller districts, the roads could
more conveniently be put under the control
of one man, and would be attended to, and
road supervisors could be better provided for
by elections.
The amendment was rejected.
No further amendment being offered,
The report on counties and townships was
ordered to be engrossed for a third reading.
On motion of Mr. DELLINGER,
The convention took a recess until 8 o'clock.
EVENING SESSION.
The Convention met at 8 o'clock, P. M.
The roll was called, and the following mem-
bers answered to their names ;
Messrs, Goldsborough, President; Abbott,
Annan, Audoun, Brooks, Brown, Cunning-
ham, Gushing, Daniel, Davis, of Washing-
ton, Dellinger, Earle, Ecker, Edelen, Farrow,
Galloway, Green, Hebb, Hollyday, Hopper,
King, Lee, Markey, Mayhugh, McComas,
Mitchell Murray, Nyman, Parker, Parran,
Pugh, Purnell, Robinette, Russell, Sands,
Schley, Scott, Smith, of Worcester, Sneary,
Stirling, Swope, Todd—43.
There being no quorum present,
On motion of Mr. CUNNINGHAM,
The Convention adjourned.
SIXTY-EIGHTH DAY.
TUESDAY, August 9, 1864.
The Convention met at 10 o'clock, A. M.
Prayer by Rev. Mr. Owen.
The roll was called, and the following mem-
bers answered to their names :


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1192   View pdf image (33K)
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