measures as would best advance their inter-
ests, With regard to the magistracy, they
are the men who are to execute the laws,
and I believe the majority of my people in-
tended that I should come here and vote for
the elective system, because they desire to
have an opportunity to select their own rulers.
I believe that if the gentlemen from the
counties will think for a moment what are
the wants of their people, they will find that
they are in the same situation with myself
to-day.
Mr. STIRLING. I shall vote against this
amendment, not because I have made up my
mind against the election of justices, but be-
cause this amendment embraces both justices
and constables; and I think that the present
system of electing constables is perfectly ab-
surd. In the first place the idea that the
number of constables should correspond with
the number of districts, is an absurdity upon
its face. Some wards and some election dis-
tricts may require a greater number of con-
stables than others. The difficulty with us
is that there are too many constables. It is
not easy to get a good constable. To become
a good constable a man must make a busi-
ness .of it. And the present system requires
so many that men cannot get a living at it,
There are more constables than there is a ne-
cessity for. We do not want forty-eight con-
stables. There is no necessity for it. They
cannot live; and the office very often goes
begging. Men submit to put their names on
the tickets more for amusement than anything
else. Half of them if they are elected never
serve at all. I have made up my mind to
vote for the report of the committee as it
stands; but I must say that it is so great an
alteration that I am rather inclined to vote
for election.
Mr. THOMAS. It occurs to me that the sug-
gestion of the gentleman from Worcester
(Mr. Purnell) is a very proper one, and that
while it would be very proper for the people
to elect the justices of the peace, it would be
very proper to give to the county commission-
ers and the mayor and city council of the
city of Baltimore, as they now have in case
of vacant, the power to appoint the consta-
bles and also to diminish the number of con-
stables; to allow the county commissioners
and the mayor and city council of Baltimore
to fix the number of constables required, in
order to take the sense of the convention on
that, I move to strike out of the section
offered by my colleague (Mr. Audoun) the
words "and constables" wherever they occur.
The amendment was rejected,
Mr. STOCKBRIDGE moved to amend the sub-
stitute by inserting the word ''incompetency''
before the words "wilful neglect of duty."
The amendment was agreed to.
The question recurred on Mr. AUDOUN' S
amendment as amended. |
Mr. DANIEL demanded the yeas and nays,
and they were ordered.
Mr. HEBB. This provides that the general
assembly shall fix the number, and that they
are to be elected ait the next general election
thereafter, so that they will be elected two
years from this fall.
Mr. DANIEL. I will suggest that it is of no
use to amend it further until we see whether
we want it or not. If we vote this down the
appointive system stands as the system.
The question being taken, the result was—
yeas 21; nays 38—as follows :
Yeas—Messrs, Annan, Audoun, Blackis-
ton, Brooks, Cunningham, .Davis, of Wash-
ington, Dellinger, Ecker, Hatch, Hoffman,
Keefer, Kennard, Larsh, Morgan, Nyman,
Sneary, Stockbridge, Swope, Thomas, Wick-
ard, Wooden—21.
Nays—Messrs. Goldsborough, President ;
Abbott, Baker, Billingsley, Briscoe, Carter,
Chambers; Daniel, Davis, of Charles, Duvall,
Earle, Farrow, Galloway, Greene, Hebb,
Hollyday, Hopkins, Hopper, King, Lee, Mc-
Comas, Miller, Mullikin, Murray, Negley,
Parker, Parran, Purnell, Russell, Schley,
Scott, Smith, of Worcester, Stirling, Sykes,
Todd, Turner, Valliant, Wilmer—38.
The substitute moved by Mr. AUDOUN wag
accordingly rejected,
Mr. DANIEL Submitted the following
amendment to section 37 :
Strike out the words "Justices of the
peace and, "and insert after the word "con-
stables," " and the judges of the circuit
courts of the several counties, and the judges
of the court of common pleas and the crimi-
nal court of Baltimore city, such a number
of justices of the peace."
Mr. THOMAS. Has not that already been
decided by the convention?
The PRESIDENT. This question has been
once voted upon, and cannot be offered
again.
Mr. DANIEL. I think that .the proposition
was to appoint both constables and justices
of the peace, I move so to amend that the
county commissioners shall appoint the con-
stables, and the judges the justices of the
peace.
The PRESIDENT. That proposition has not
been distinctly voted upon by the convention,
and is in order.
On motion of Mr, PURNELL,
The convention took a recess until half-
past 3 o'clock, P.M.
AFTERNOON SESSIONS.
The convention met at half-past three
o'clock, P. M.
The roll was called, and the following mem-
bers responded to their names :
Messrs. Goldsborough, President; Abbott,
Abbott, Annan, Baker, Cushing, Davis, of
Charles, Davis, of Washington, Dellinger,
Dennis, Duvall, Earle, Ecker, Farrow, Greene, |
