"And the mayor and city council may
provide, by ordinance, from time to time, for
the creation and government of such tempo-
rary additional police, as they may deem ne-
cessary to preserve the public peace."
The reading of the two is all the comment
I desire to make.
Mr. STIRLING. I wish to say a word in re-
lation to the clause which it is proposed to
strike out, resembling a provision on the
same subject in the present constitution. I
do not see any unfairness in the mode in
which that is introduced; but I cannot vote
for it, because although in the same place, it
has a broader effect. It does unquestionably
abolish the present police force in the city of
Baltimore. I do not wish to argue the ques-
tion of the present system. I am unable to
say whether it is unpopular with a majority
of the people. But at all events I do not
think this is the time or place in the pres-
ent constitution to undertake to abolish
that system, and introduce a new system.
The people of Baltimore have a right to ap-
peal to the legislature to change it, if they
think proper. They have never done so. I
shall therefore vote for the motion to strike
out, because I am indisposed to vote in this
way to abolish the present police force of the
city.
The motion to strike out the clause was
agreed to.
Mr. THOMAS. I now move the same
amendment after the word "law" in the
fifteenth line of the substitute that I offered to
the original section, to insert:
"And shall be subject to be removed by
the judge of the county or city having crim-
inal jurisdiction, for wilful neglect of duty
or misdemeanor in office, on conviction in a
court of law."
The amendment was adopted.
The question recurred upon the adoption
of the amendment moved by Mr. AUDOUN,
as amended.
Mr. MILLER. As I understand it the only
difference between the two is that in one case
these officers are elected by the people, and
in the other they are appointed by the county
commissioners of the several counties, sub-
ject to removal by the judge on conviction
in a court of law. The convention by a very
decided vote, has just adopted the system of
appointment instead of election by the people.
I hope the convention will adhere to that
vote, and let the original section stand as it
now is.
Mr. THOMAS. In what respect have we so
decided? We have not taken any vote upon
that.
Mr. MILLER. By adopting the amendment
of the gentleman from Calvert (Mr. Briscoe.)
Mr. THOMAS. Oh, no. I voted for that
myself.
Mr. MILLER. I do not want to take away
any of the power of the people, I am |
willing that the principle of election by
the people should be carried out. But
we have taken away from the people the
election of road supervisors; and it seems to
me that the selection of magistrates and con-
stables should be placed in some appointing
power rather than left in the hands of the
people; because as it has been frequently
stated here, men will go to the polls and mix
up these little matters of road supervisors,
constables and magistrates, with the election
of the most important officers of the State.
I think that to cut off one from the other
would do more to prevent corruption in our
elections than anything else we can possibly
do. I hope we shall hold on to the amend-
ment we have adopted, and the section as
amended, and give the appointment to the
county commissioners.
Mr. PURNELL. I indorse entirely what my
friend from Anne Arundel (Mr. Miller) baa
said in this connection. The only difference,
1 understand, between the original section as
amended, and the substitute, is that the
original section provides for appointment in-
stead of the elective system. While I have
no disposition whatever to curtail the elective
franchise, yet I do think in relation to these
particular offices, it would be much better
that they should be appointed than that they
should be elected. I think it would insure
the selection of better officers, without hav-
ing that disturbing element of politics referred
to so properly by the gentleman from Anne
Arundel. I shall move at the proper time
for a division of this question, I think while
they should be appointed, I should prefer
their appointment by the judges of the cir-
cuit court, who I think are better qualified
to judge of the competency of the officers than
perhaps the county commissioners would be.
It often occurs that the judges of the circuit
courts have to review the judgments of mag-
istrates, and they are better qualified to
judge of their qualifications than those who
occupy different spheres, and who have not
had their attention directed to that particular
line of duties. Hence I think it is better that
the magistrates should be appointed by the
judges of the circuit court, and in the city of
Baltimore by the concurrent action of the city
courts there. So far as relates to constables—tables,
I think it would be better to have them ap-
pointed by county commissioners. While
the county commissioners might not be so
well qualified to judge of the qualifications
of justices of the peace, they would be and
are qualified to judge of the competency of
constables. So that at the proper time 1
shall ask that this he modified, although 1
prefer appointment for both offices.
Mr. AUDOUN. If I understand what I wag
. sent here for by the people who sent me here,
1 believe I wag sent here as their servant, and
not as their master. I believe that I was
sent here for the purpose of voting for such |
