have in many counties ajudge for each coun-
ty, and in small counties a judge for two
counties;—they would be beyond the con-
trol of political influence far more than the
mayor and city council of the city of Balti-
more, or the county commissioners of the
counties, who are elected every two years
from the people, and who would be looking
forward to the men whom they could make
use of in their re-election.
I think too that it would add dignity and
importance to the office of justice of the
peace, if they were appointed by the court.
And as we have already said that the county
commissioners shall appoint the road super-
visors, and as I propose to leave in this sec-
tion the provision that they aball appoint
the constables, I think that the appointment
of road supervisors and constables will be a
pretty good duty; and that we may as well
divide the work of appointment a little,
and give the judges of the courts the appoint-
ment of justices of the peace. I think that
would work better every way.
Mr. NEGLEY submitted the following amend-
ment to the amendment
Strike out "judges of the circuit court of
the several counties, and the judges of the
court of common pleas and the criminal
court of Baltimore city," and insert "the
governor by and with the advice and consent
of the senate."
Mr. MILLER. I would like to ask the gen-
tleman from Baltimore city (Mr Daniel) how
he proposes that the two judges shall act in
case they differ about the appointment.
There are two men to make the appointment;
and if they differ no justice of the peace
could be appointed.
There is a great deal of force in what the
gentleman from Baltimore city has said with
regard to the importance of having the ap-
pointments made free from all political inter-
ference; for a justice of the peace is very much
such an office as that of judge. For that
reason at a previous session of the conven-
tion I voted against the election of justices
of the peace. The governor has had in for-
mer times the appointment of all justices of
the peace in the State. It is not in deroga-
tion of that principle in our declaration of
rights that all government of right originates
in the people, that the governor should have
the appointment of these' officers, because
that was in our old constitution of 1776, and
has been in our constitution down to the
present time. Our government has been a
government of the people from the revolu-
tion down, notwithstanding the fact that
gome of the officers came from the governor,
It is very right, I think, if we take it away
from the county commissioners and give it
to anybody else, that it should go back to
what is known in this country as the appoint-
ing power, the executive branch of the gov- |
ernment, by and with the advice and consent
of the senate.
The amendment to the amendment was
agreed to.
The question recurred on the amendment
as amended.
Mr. NEGLEY moved to reconsider the vote
by which Mr, AUDOUN'S amendment was re-
jected.
The PRESIDENT. The vote must first be
taken on the pending amendment.
Mr, THOMAS. Will it be in order to recon-
sider afterwards?
The PRESIDENT. Yes, sir. The question
is now upon the amendment of the gentle-
man from Baltimore city (Mr. Daniel,) as
amended, to the amendment of the gentle-
man from Calvert (Mr. Briscoe.)
Mr. STIRLING. This amendment is not an
amendment to the amendment of the gentle-
man from Calvert; for it proposes to strike
out from that amendment words which are
not in it.
Mr. DANIEL, No; I proposed to strike out
"justices of the peace,"
Mr. BRISCOE. The amendment which 1
offered to the original section was carried.
it then became a part of the original section,
Now the proposition is to amend the section
as amended by the adoption of my proposi-
tion.
The PRESIDENT Yes, sir; the amendment
is to that part of the section amended on
motion of the gentleman from Calvert (M.r.
Briscoe.)
Mr. MORGAN demanded the yeas and nays,
and they were ordered.
The question being taken on Mr. DANIEL'S
amendment as amended, the result was—yeas
32, nays 27—as follows :
Yeas—Messrs. Annan, Baker, Bond, Cham-
bers, Cunningham, Cushing, Daniel, Davis,
of Washington, Earle, Galloway, Greene,
Hebb, Hollyday, Hopkins, Hopper, Lee, Mc-
Comas, Miller, Mullikin, Murray, Nyman,
Parker, Purnell, Russell, Schley, Scott,
Smith, of Worcester, Sneary, Stirling,
Swope, Sykes, Todd—32.
Nays—Messrs. Goldsborough, President;
Abbott, Audoun, Billingsley, Blackiston,
Briscoe, Carter Dellinger. Duvall, Ecker,
Farrow, Hatch,"' Hoffman, Keefer, Kennard,
King, Larsh, Markey, Morgan, Negley, Par-
ran. Stockbridge, Thomas, Turner, Valliant,
Wickard, Wooden—27.
When their names were called,
Mr. CUNNINGHAM asked to be excused from
voting. Not being excused, he voted "aye."
Mr. ECKER said: I do net care which way
it goes. I am inclined to think we shall be
under the necessity of employing an attor-
ney at any rate to explain this particu-
lar clause in the constitution if we want to
know what it means; and in order to save
that ten dollar note which must go into
somebody's pocket, I vote " no." |
