that they have been exercising some of the
powers of other departments of the govern-
ment?
Mr. BELT. I presume the legislature does
and can perform many duties not necessarily
legislative, and which might be properly ex-
ercised by other departments of the government.
The laying of taxes, and certain
other powers like that, are properly and ne-
cessarily legislative, nor can they be dele-
gated to any other authority. But many of
these local special functions may properly be
devolved upon other bodies.
The question was then taken upon the
amendment to the amendment, and it was
rejected.
The question recurred upon agreeing to the
amendment submitted by Mr. STOCKBRIDGE.
Mr. RIDGELY called for a division of the
question, and asked that the vote be taken
upon each clause separately.
The question was accordingly stated to be
upon the first clause of the amendment, as
follows:
"The legislature shall not pass local or
special laws in any of the following enumer-
ated cases, viz:
"For the punishment of crimes and mis-
demeanors, regulating the practice of courts
of justice, or authorizing or directing the
trial of any case in any court."
Mr. THOMAS called for the yeas and nays
upon this question, which were ordered.
Mr. STIRLING. I do not want to debate
this question to any extent. But at the same
time, as there may be a chance of its being
carried, I wish to say something upon it. I
want to know what is to be the effect of this
amendment. What do you mean by saying
the legislature shall not pass local laws for
the punishment of crimes and misdemeanors ?
Do you mean that they shall not provide that
a certain offence committed in one part of the
State shall not receive a prealter punishment
than the same offence committed in another
part of the State. If it does mean that, then
it wipes oat a large part of the criminal code
of the State. There are certain offences com-
mitted in Baltimore city which do not exist
in any other part of the State. There are
certain acts which b come offences from the
very fact that they are committed in the
midst of a dense population. Firing a pistol
in the streets of Baltimore city is an offence;
but that is not an offence in the mountains of
Allegany. The offence consists in the cir-
cumstances under which it is committed. It
really seems to me that this amendment is
perhaps so strong that it would absolutely
destroy one-half the criminal code of this
State.
Mr. EDELEN. I think there is a great deal
of good sense in the suggestion of the gen-
tleman from Baltimore city (Mr. Stirling,)
and although I have listened with a great
desire to be enlightened upon this subject, |
I must say, that in regard to all these several
propositions embraced in the amendment of
the gentleman from Baltimore city (Mr.
Stockbridge)—although this burden of spe-
cial legislation is a grievous one, and has
been existing for a long time in this State,
and has been carried to an enormous extent—
I think "it would be better to endure the
ills we bear than fly to those we know not
of."
Take this first proposition upon which we
are now to vote. An example in point now
occurs to my mind. In Charles county,
Prince George's county, St, Mary's county—
some two or three counties in Southern Ma-
ryland—we have a law of this kind; under
which a case arose at our last court; calling
upon everybody of the character of hucksters,
sot a resident of those particular counties,
to take out a license. The grievance intended
to be remedied by that law was this: resi-
dents of Washington city, irresponsible par-
ties, were constantly traversing our counties
for the purpose of buying up eggs, poultry,
hogs, cattle, &c, for the Washington market;
thereby holding out inducements for our
slaves and the free negroes there to engage in
petty larceny. The evil grew upon us to
such an extent that the legislature of Mary-
land thought proper to enact a special law
upon the subject. Now, is it the purpose of
this amendment to sweep from our statute
book through all coming time, all the special
legislation of the State of Maryland, upon
this subject ?
If this amendment is passed, I put this
question to the convention: Would it be
competent for any subsequent legislature to
pass a law for the punishment of any crime
or misdemeanor, that does not have an appli-
cation over the entire limits of the State?
Now what may be good and proper for us,
may he very bad and wrong for Baltimore
city or for Allegany county, or for the East-
ern Shore counties. The object of all legis-
lation in relation to crime is to correct the
grievance. Mow what may be a grievance
in one county, or in one locality, may be
anything else than a grievance in other ports
of the State. I submit that if we adopt this
amendment, the door to all legislation of this
kind will be hermetically sealed to all future
legislatures assembled in this hall, and repre-
senting the people of the State of Maryland.
Even if that would not be the effect of this
amendment, I would oppose it, because of
this other clause, relating to the practice of
courts, &c. That is a question which you
must leave to the control of the courts. The
process by which business is to be done in
the courts Is something which you must leave
to the courts themselves.
I say again, that in regard to the whole
of these propositions, with perhaps two or
three exceptions, we better let these things
stand where our fathers, who sat in this hall |
