"Sec. 37. The general assembly, at its first
session after the adoption of this constitution,
shall fix the number of justices of the peace
and constables for each ward of the city of
Baltimore, and for each election district in
the several counties, who shall be elected by
the legal and qualified voters thereof, respec-
tively, at the next general election for county
officers thereafter, and shall hold their offices
for two years from the time of their election,
and until their successors in office are elected
and qualified; and the general assembly may,
from time to time, increase or diminish the
number of justices of the peace and consta-
bles to be elected in the several wards and
election districts, as the wants and interests of
the people may require. They shall be, by
virtue of their offices, conservators of the
peace in the said counties and city respective-
ly, and shall have such duties and com-
pensation as now exist, or may be provided
for by law. In the event of a vacancy in the
office of a justice of the peace, the governor
shall appoint a person to serve us justice of
the peace until the next regular election of
said officers, and in case of a vacancy in the
office of constable, the county commissioners
of the county in which a vacancy may occur,
or the mayor and city council of Baltimore,
as the case may be, shall appoint a person to
serve as constable until the next regular elec-
tion thereafter for said officers. An appeal
shall lie in all civil cases from the judgement
of a justice of the peace to the circuit court of
the county, or to the court of common pleas
of Baltimore city, as the case may be, and on
all such appenis, either party shall be entitled
to a trial by jury, according to the laws now
existing, or which may be hereafter enacted ;
and the mayor and city council of Baltimore
shall have the exclusive power to create, or-
ganize and govern such police force for the
good government of said city as they may
deem necessary."
Mr. DANIEL. I would prefer that that sec-
tion should be passed over informally; and I
will make that motion and submit my reasons.
The question now comes up as to the appoint-
ment or election of justices of the peace. It
is not a question peculiar to the city of Balti-
more atall; but I suppose the same law we
enact for the State will prevail in Baltimore
city. For myself I prefer very much that the
magistrates and constables at least should be
appointed. I think that the question is prop-
erly presented that this convention having de-
termined to elect the judges instead of ap-
pointing them, a large number of the conven-.
tion and a large number I think of the people
of the State, I will not say a majority, pre-
fer that. these officers should be appointed
.rather than elected. I think it would be fair
to those who have yielded their preference
and allowed the judges to be elected, fair to
them and to their constituencies, that they
should be allowed to have these minor officers, |
magistrates and constables, appointed by
some power, if not by the judges as here pro-
posed,
I think as I have already heretofore re-
marked upon this floor, that much greater
evil arises from the election of these smaller
officers,; constables magistrates, and road su-
pervisors, than from the election of judges;
that the people will be a good deal more cir-
cumspect in the election of judges, it has
been stated in the discussion of some other
propositions in relation to this, that there is a
disposition to swap off the first and highest
officers of the State for the small and petty
offices. I think this lends to a great deal of
corruption, and is the principal cause of cor-
ruption in our elective system. As has been
stated in reference to constables in Baltimore
city, it is a known custom that men get them-
selves elected, who are busy running about
the wards, and .as soon as they are elected
they go and sell the office to somebody else for
one hundred or one hundred and fifty dollars,
who becomes the constable instead of him. 1
think therefore that magistrates and consta-
bles ought to be appointed, as we have deter-
mined upon the election of the judges by the
people. If this section is passed over until
the other section comes up, I will move an
amendment to it; and I therefore move to
pass over this informally now.
Mr. HEBB. I hope the proposition to post-
pone the section will not lie agreed to. We
halve bad ample time to prepare amendments
to the section.
The motion to postpone did not prevail.
Mr. THOMAS moved to insert in the line
after the words "as the case may be," the
words "or if for the recovery of a fine, pen-
alty or. forfeiture, to the criminal court."
Mr. AUDOUN accepted the amendment.
Mr. DANIEL. I move to strike out from the
original section down to "action" in the
fourth line, and to insert "the judges of the
several courts shall appoint."
Mr. STOCKBRIDGE, it occurs to me, and 1
wish the convention would give attention to
this point, that we are no longer upon the
courts of the city of Baltimore, but legislating
for the whole State; and the gentleman's
amendment is defective in that it makes no
provision except for the appointment of justices
of the peace in Baltimore city. The arti-
cle as it stands reported by the committee
provides for the appointment of justices of the
peace for the entire State, including the counties.
Mr. DANIEL, I did not mean to do that. 1
will modify my amendment by striking out
"superior court and of the circuit court,"
and inserting " several courts." It will then
apply to the whole State.
Mr, STOCKBRIDGE. I had designed to offer
an amendment, and I now prefer it to the
amendment of my colleague. His amendment
ii that they shall be» appointed by the judges |
