Mr. NEGLEY said: I vote against this sec-
tion because I want to move a reconsidera-
tion of the substitute offered by the gentle-
man from Baltimore city (Mr. Audoun,) and
have that perfected if possible. I therefore
vote "no."
Mr. STOCKBRIDGE. I am not prepared to
vote understandingly upon this, not having
these amendments before us. They have be-
come so complicated that I do not know
what is right and what is wrong. Not know-
ing what to do, it is best perhaps to do noth-
ing; and I therefore vote ''no."
The amendment as amended was accord-
ingly agreed to.
The question recurred upon the section as
amended.
Mr. MILLER moved to strike out the follow-
ing words:
"They shall certify their appointment so
made to the governor, by whom the appoin-
tees shall be commissioned as justices of the
peace of the State of Maryland, in and for
— county and city."
Mr. HEBB. I would suggest to the gen
tleman to transpose these words. The gov-
ernor is to appoint the magistrates and the
county commissioners the constables. Then
the appointment of the constables should be
certified to the governor. If it is necessary
fur the governor to commission the justices
of the peace, when appointed by the judges
of the courts, I should suppose it would be
necessary to commission the constables lo be
appointed by the county commissioners.
Mr. MILLER. As perfect a non sequiter as
ever I heard. The county commissioners
are required to appoint constables as they
would appoint a collector or anybody else,
The governor has nothing to do with com-
missioning them. The governor appoints
the justices of the peace, and these he can
commission. We do not want the consta-
bles commissioned.
The amendment was agreed to.
Mr. STOCKBRIDGE. The clause moved by
the gentleman from Baltimore city (Mr.
Thomas) was placed in this section in ex-
actly the same form as in the substitute
which was subsequently rejected, in the
substitute the convention upon my motion
inserted the word "incompetency," and I
now move to insert that word in the original
section before the word " wilful."
The PRESIDENT. The journal has gone to
the printers; but it is the impression of the
chair that that amendment was only moved
to the substitute which was rejected; that it
was not placed in the original section.
Mr. STOCKBRIDGE. Then I will move to
insert that amendment including the word
" incompetency " at the end of the section,
as follows:
" And shall be subject to removal by the
judge having criminal jurisdiction in the
county or city, for incompetency, wilful. |
neglect of duty, or misdemeanor in office, on
conviction in a court of law."
Mr. BRISCOE. I move to amend the amend-
ment by striking out the word "incompe-.
tency." I hold that justices of the peace
should be placed as far above all influences
and power as any other judge in the land. I
see nowhere in the constitution of Maryland,
or in any other State constitution that a
judge is removable for incompetency. I
think that so far as regards willful neglect of
duty, or malfeasance in office, or misbeha-
vior, he should be removable for those
causes. But the question of incompetency
reaches the head and not the heart of the
judge, it has been well said, God forbid
that we should undertake to confer the power
to punish a man for a defect of understand-
ing. He may make a decision, and may be
indicted for having made that decision, and
from mere prejudice may be brought up for
conviction, and upon the opinion of
twelve men that he is incompetent to act as
judge he may be removed from the office. I
see no necessity for putting that word there,
and I therefore move to strike it out.
Mr. STOCKBRIDGE. I almost regretted hav-
ing moved the insertion of that word after I
did so, for I was assured by some gentlemen
that there would be no justices of the peace
left in their counties if the amendment was
adopted. But I wish to remind my friend
from Calvert county (Mr. Briscoe) that, this
is nothing either unusual or unprecedented.
The existing constitution of the State pro-
vides with reference to the judges of the
court of appeals precisely the same ground
tor removal. It says:
" * * * as a judge of the said
court of appeals who shall hold his office for
the term of ten years from the time of his
election, or until be shall have attained the
age of seventy years, whichever may
first happen, and be re-eligible thereto
until he shall have attained the age of
seventy years, and not after; subject
to removal for incompetency, wilful neglect
of duty, or misbehavior in office, on convic-
tion in a court of law," &c.
The terms are precisely the same as in this
amendment.
Mr. BRISCOE. I referred to the judges of
the circuit court. I have that provision be-
fore me, and it does not apply to them at any
rate.
The amendment to the amendment was re-
jected.
The amendment was agreed to.
Mr. STIRLING moved to amend by inserting
betore the last amendment the words "jus-
tices of the peace and constables so appointed."
The amendment was agreed to.
Mr. HEBB moved that the section be trans-
posed to read as follows :
" Sec. 37. The governor by and with the |
