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The Maryland Constitution of 1851
Volume 631, Page 69   View pdf image (33K)
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70               The Maryland Constitution of 1851.             [448

The chief objection to the new constitution was the
change introduced in the organization of the judicial sys-
tem of the State. The Baltimore American in an editorial
of June 3, 1851, declared, that "there were many men in
Maryland, who, if they approved of every feature in the
constitution, save that which reorganized the judiciary,
would vote against the constitution on account of that one
insuperable objection/5

Other objections to the adoption of the constitution
were placed on less objectionable grounds. An attempt
was made tc show that there would be a period of four
months of anarchy in the State, if the instrument was
adopted. During these four months civil wrongs would
go unredressed; debts uncollected, and crimes unpunished.

The constitution, if adopted, was to go into effect July
4. No election was to be held until November the 5th.
Until the latter date, the new offices created by the new
measure could not be put in operation, while the offices
which were to be abolished were to be discontinued from
the day of its adoption. The county courts, and the Balti-
more City court were abolished. No specific provisions
were made for the continuation of the jurisdiction of these
courts until their successors could be established. The
court of chancery, which was also abolished, was to con-
tinue by a specific provision until two years after the adop-
tion of the constitution.9 Those who opposed the adoption
maintained that the same provision did not apply to the
former courts.10

The framers of the constitution intended that the eighth
section of Article 10 should bridge over the transition
period. This section provided that the governor and all
civil and military officers then holding commissions should
continue in office until they were superseded by their suc-
cessors. Whether the adoption of the constitution would

9 Constitution 1851, art. iv, sec. 22.

10 Baltimore American, May 26, 1851.

 

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The Maryland Constitution of 1851
Volume 631, Page 69   View pdf image (33K)
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