Mr. HEBB, I move that the convention now
take a recess.
Mr. VALLIANT. We have just voted that
down only five minutes ago.
The PRESIDENT. The motion to take a re-
cess is a privileged question, being in con-
formity with the order of the house. The
motion to adjourn having intervened, the
motion to take a recess can be renewed.
The motion was agreed to—ayes 32,
noes 28.
The convention accordingly took a recess
until 8 o'clock, P. M.
EVENING SESSION.
The convention met at 8 o'clock, P. M.
The roll was called, and the following mem-
bers answered to their names,
Messrs. Goldsborough, President; Abbott,,
Annan, Audoun, Baker, Carter, Cunningham,
Cushing, Daniel, Davis, of Washington, Del-
linger, Earle, Ecker, Farrow, Galloway,
Greene, Hatch, Hebb, Hoffman, Hollyday,
Hopkins, Hopper, Keefer, Kennard, King,
Larsh, Markey, McComas, Mullikin, Murray,
Negley, Nyman, Parker, Pugh, Purnell, Rus-
sell, Sands, Schley, Scott, Smith, of Worces-
ter, Sneary, Stirling, Stockbridge, Swope,
Sykes, Thomas, Todd, Valliant, Wickard,
Wooden—50.
JUDICIARY DEPARTMENT.
The convention resumed the consideration
of the report of the committee on the judiciary
department, which was on its second
reading.
The next section was read as follows :
PART VII.
Sheriffs, &c.
"Section 38. There shall be elected in each
county and the city of Baltimore, in every
second year, one person resident in said county
or city, above the age of twenty-five years,
and at least five years preceding his election a
citizen of this State, to the' office of sheriff.
He shall hold his office for two years and until
his successor is duly qualified, and shall be
ineligible for two years thereafter, shall give
such bond, exercise such powers, and perform
such duties as now are or may hereafter be
fixed by law. In case of a vacancy by death,
refusal to serve or neglect to qualify or give
bond by disqualification or removal from the
county or city, the circuit court shall appoint
a person to be sheriff for the remainder of the
official term."
Mr. THOMAS. I move to strike out in the
sixth line the words "and shall be ineligible
for two years thereafter." The object of that
amendment is to bring up the question wheth-
er sheriffs shall be eligible or ineligible to re-
election. It seems to me that there is no ne-
cessity for this clause in the constitution any
longer. I bold that the reason of it, at the
time it was introduced, was, that the sheriffs |
of the several counties were collectors of the
taxes; and it was therefore very proper that
they should be ineligible. Now the sheriffs
are not collectors of taxes; and about the
time the sheriff begins to understand his duty
this requires him to go out of office. If the
people find that they have got a good sheriff,
after two years service, I think they ought to
have the power to re-elect him if they think
proper.
The amendment was agreed to.
Mr. NEGLEY moved to amend by striking
out "two" in the fifth line, and inserting
"four."
Mr. SCHLEY. I hope the convention will
not hastily adopt these changes. It seems to
me that they are very important. It seems to
me that to strike out "two" and insert
"four," and to strike out ''and shall be ineli-
gible for two years thereafter," which has
been done, but I did not imagine it would be
done or I should have spoken upon it before,
are important changes. For a long time this
has been the custom in this State, and why it
should be changed now, I am at a loss to con-
jecture? I hope before this is acted upon some
further consideration will be given to it. For
myself I shall oppose this amendment.
Mr. SANDS. I agree entirely with the sen-
timents expressed by the gentleman from
Frederick (Mr. Schley,) and I will state very
valid reasons that ought to commend them-
selves to the judgment of this body. if it
were proper to do sol would also suggest to
some gentlemen who voted for it, reasons
why, upon mature deliberation they should
move a reconsideration of the vote agreeing
to the motion of the gentleman from Balti-
more city, by which this section has already
been amended. The reason for that clause
being incorporated in the section originally
was not merely that sheriffs were collectors of
taxes. I know of no office in which a man
can wield more political power than as sheriff
of your city or county. From the nature of
his official duties, he wields such a tremen-
dous power over the people that he can exer-
cise more influence over the community at
large than the judge on the bench or any other
officer of the State. I believe that this inter-
val between the terms of a sheriff was pro-
vided, simply that they might be deprived of
the power of holding the rod over any man's
head atout election time, saying, "I will
make my levy, or I will hold on and will not
make any levy; what will you do on an elec-
tion day?"
Another reason, which is a very strong
one. We know that the disease of sheriffs
indulging the people, even when there is to be
an interval of terms, has grown to be chronic.
How many sheriffs in the State of Maryland
ever complete their business up to the end of
their two years—sheriffs or collectors either?
Is it not a matter of public notoriety how
much the sureties of sheriffs all over the State |
