Hebb, Hoffman, Hollyday, Hopkins, Hopper,
Keefer, Lee, McComas, Morgan, Murray, Neg-
ley, Nyman, Parran, Purnell, Russell, Schley,
Scott, Smith, of Worcester, Sneary, Stirling,
.Stockbridge, Swope, Sykes, Thomas, Turner,
Wooden—41.
There being no quorum present,
Mr. FARROW moved a call of the conven-
tion ;
The motion being sustained,
The roll was called, and the following
members responded:
Messrs. Goldsborough, President; Abbott,
Annon, Baker, Blackiston, Cushing, Davis,
of Charles, Davis, of Washington, Dellinger,
Dennis, Duvall, Earle, Ecker, Farrow, Greene,
Hebb, Hoffman, Hollyday, Hopkins, Hopper,
Keefer, Lee, McComas, Morgan, Murray, Neg-
ley, Nyman, Parran, Purnell. Russell, Schley,
Scott, Smith, of Worcester, Sneary, Stirling,
Stockbridge, Swope, Sykes, Thomas, Turner,
Wooden—39.
On motion of Mr. FARROW,
The sergeant-at-arms was sent after the
absent members, and was ordered by the
president to remain at the cars until they
should depart from the city.
The PRESIDENT stated that Mr. Brooks had
been allowed leave of absence, and would be
permitted to leave.
The roll was again called, and the follow-
ing members responded:
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Barker, Billingsley, Blackis-
ton, Bond, Briscoe, Carter, Chambers, Cun-
ningham, Cushing, Dail, Daniel, Davis, of
Charles, Davis, of Washington, Dellinger,
Dennis, Duvall, Earle, Ecker, Farrow, Gal-
oway, Greene, Hatch, Hebb, Hoffman, Hol-
lyday, Hopkins, Hopper, Keefer, Kennard,
King, Larsh, Lee, Markey, McComas, Mor-
gan, Mullikin, Murray, Negley, Nyman,
Parker, Parran, Purnell, Russell, Schley,
Scott, Smith, of Worcester, Sneary, Stirling,
Stockbridge, Swope, Sykes, Thomas, Todd,
Turner, Valliant, Wickard, Wooden—60.
Mr. BILLINGSLEY moved to dispense with
further proceedings under the call.
The motion was rejected.
Mr. STIRLING moved to suspend further
proceedings under the call.
Ruled out of order, the mace not being re-
turned.
The sergeant-at-arms returned and reported
that he had notified all the absentees he could
find in the city,
On motion of Mr. STOCKBRIDGE,
Further proceedings under the call were
dispensed with.
JUSTICES OF THE PEACE AND CONSTABLES.
The convention resumed the consideration
of the report of the committee on the judi-
ciary department on its second reading.
The pending section was the 37th, which
was read as amended, as follows: |
" Section 37. The county commissioners of
the several counties of this State shall appoint
in each election district of the several coun-
ties, and the mayor and city council of the
city of Baltimore, shall appoint for the city
of Baltimore such number of justices of the
peace and constables as now are or here-
after may be fixed by the general assembly.
They shall certify their appointment so made
to the governor, ley whom the appointees
shall be commissioned as justices of the peace
and constables of the State of Maryland, in
and for — county and city. The jus-
tices so appointed and commissioned shall be
conservators of the peace, shall bold their
office for two years, and shall have such
jurisdiction, duties and compensation, sub-
ject to such right of appeal as hath been here-
tofore exercised, or shall he hereafter pre-
scribed by law, and shall be subject to
removal by the judge of the county or city
having criminal jurisdiction, for wilful
neglect of duty or misdemeanor in office, on
conviction in a court of law."
The pending question wag on the amend-
ment submitted by Mr. DANIEL, as follows :
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. I hope before the convention
votes upon this proposition that they will hes-
itate and think. The proposition of my col-
league has just been rejected by this conven-
tion. They have voted that in no case will
they allow the judge of the courts to appoint
magistrates and constables. They have voted
in lieu thereof that that power shall be exer-
cised by the county commissioners of the
counties, and the mayor and city council of
Baltimore. Now the proposition comes back
again to undo just what the convention has
done, to give to the courts of the respective
counties and of the city the power to appoint
your magistrates. All I have to say in rela-
tion to this proposition is, that if you want
to make the judges of your courts huckster-
ing shops for the purpose of dealing out the
offices of justice of the peace, using them for
political capital, then give the judges of your
courts the appointment of your magistrates,
and thus degrade the judiciary of your State
beneath anything heretofore attempted in the
State of Maryland. What has been the whole
argument of the gentlemen who have favored
the appointment of your judiciary? It was
to keep your judiciary as pure as it could
be kept. Suppose you give to the judges of
your courts the power to appoint your magis-
trates, what will be the result? In the city
of Baltimore we have some thirty odd magis-
trates, two in some wards and one in the
others. The moment you give that power to |
