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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 884   View pdf image (33K)
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884
fifteen years ago, left them. I shall there-
fore vote against these propositions.
Mr. STOCKBRIDGE, I entirely concur in the
remarks of the gentleman from Charles coun-
ty (Mr. Edelen,) and that is precisely the
reason why I propose this amendment. I
say that it is competent for these local tribu-
nals in the several counties, who know what
they need and want, to arrange all these
things.
Mr. EDELEN, This amendment provides
that—" The legislature shall not pass local or
special laws for the punishment of crimes or
misdemeanors." Does the gentleman from
Baltimore city (Mr. Stockbridge) mean to
take the power from the legislature of the
State, where it has been committed by the
constitution, and give it to county commis-
sioners, or some inferior or subordinate tri-
bunal?
Mr. STOCKBRIDGE. No, sir. "The gentle-
man from Baltimore city" does not propose
any such thing. But he proposes that a theft
committed in Charles county, shall be pun-
ished the same as if it had been committed in
Allegany county. He proposes that the prac-
tice of the courts, if regulated by the legisla-
ture, shall be such that the learned gentleman
from Charles county, knowing what the law
of the State is, can practice with perfect rea-
diness in Allegany or Washington county.
He proposes that so far as the legislation of
the State is concerned, it shall be uniform
upon this subject,
The instance cited by my colleague (Mr.
Stirling,) in reference to certain crimes, is no
objection to the provision I have offered; on
the contrary, it is an argument in its favor.
Police regulations are left with propriety, in
every incorporated city, in the hands of cer-
tain tribunals or powers in that locality.
The very theory of this whole amendment is
to carry out precisely what the gentleman
from Prince George's (Mr. Belt) proposes.
Mr. STIRLING. I want to ask the gentleman
a question.
Mr. STOCKBRIDGE. I do not like—
Mr. STIRLING. One question on this point.
Mr. STOCKBRIDGE. Well, I yield the floor
entirely.
Mr. STIRLING. I do not ask that. I wish
merely to ask one question of the gentleman.
If you say the local legislature shall not pass
any local law in regard to crimes, will not
that prohibit the legislature passing a local
law allowing Baltimore city to punish a
crime ?
Mr. STOCKBRIDGE. It will not do any such
thing. It is a perfect absurdity to say that
because the legislature is prohibited from
laying out a road, it cannot say that the
county commissioners may not lay out and
fix a road. If we say, as this amendment
says, that the legislature shall not pass local
laws fixing the boundaries of election dis-
tricts, is that saying that they shall not. give
to some authority or tribunal in the county
the power to regulate election districts ?
Mr. EDELEN. I will ask the gentleman
from Baltimore city a question.
Mr. STOCKBRIDGE. No, sir; I am tired of
this catechising and disputatious way of de-
bating questions. I have offered an amend-
ment, the full purpose of which is to place in
the hands of the people the government of
the people. Take instances; gentlemen have
seen them here. Men come in from Howard
county, we will say, with a little petition
asking for a road a mile long. It is referred
to the delegation from Howard county. That
delegation may know something about it, or
they may not. What influences are brought
to bear upon them the legislature knows no-
thing about. They report a bill granting
the prayer of the petition. It is called up at
some night session specially devoted to local
business. The. house is assured that it is
purely a local measure, that it has no bear-
ing whatever upon the rest of the State, and
it is voted for as a thing of course. It may
be that the very next week after the bill is
passed, remonstrances come in here against
the measure; but it is too late. Thousands
of dollars worth of property is affected by it;
the interests of various parties are affected
by it.
The purpose of this amendment is to pre-
vent the legislature acting upon any such
matters, but that the power may be conferred
upon some local authority to act under such
regulations as the legislature may prescribe
by general law; which would properly be
giving notice to all persons concerned that
the matter would be acted upon on a certain
day at a place named, where all who desired
could appear and be heard. It would be
doing everything with perfect fairness, by a
local tribunal selected among those who know
something about the matter.
Every member who was in the legislature
at the time will remember what we had to
say about the Opossum Hill school-house;
and some years ago about the Pimlico road.
But what did the gentleman from Worcester
county know about the Pimlico road? or the
gentleman from Washington county know
about the Opossum Hill school-house?
The purpose of this amendment is to con-
fer the power in relation to certain matters
upon those who know something about them ;
not have bills smuggled through the legisla-
ture, or lobbied through by bargains among
members, one going to another, and saying :
"I have a local bill which will come up
pretty soon; I will vote for yours, if you
will vote for mine." I propose to remove
this kind of corruption from the legislature,
and save to the State thousands upon thou-
sands of dollars in the time of the legislature,
(which is an item of no slight importance,)
and to make the laws of the State uniform,
as far as practicable. These are the objects


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 884   View pdf image (33K)
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