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The Maryland Constitution of 1864
Volume 667, Page 82   View pdf image (33K)
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84               The Maryland Constitution of 1864.            [430

fate, was the strong effort to provide for an appointed ju-
diciary. Mr. Stockbridge was the leading advocate of this
plan, and the Judiciary Committee, of which he was the
chairman, reported a system in conformity with these
ideas.190 He was supported in this move by the more pro-
gressive members of both sides, but the test vote, which
was taken on the question after very little debate, showed
a vote of 51 to 19 in favor of an elective system,191 as had
been provided in the Constitution of 1850-1. The old ar-
guments of right of choice of the people, and too much
power given to the Governor if he was allowed to appoint
the judiciary, proved too strong for Mr. Stockbridge and
his supporters.192.

There had been some complaint in the state that the
courts did not sufficiently expedite business,193 and in order
to relieve this and provide for speedy justice in all cases,
the numbers of courts and Judges were generally in-
creased, and their jurisdiction was more clearly defined.
A decided improvement was introduced by raising the sal-
aries of Judges, though not to the extent that the commit-
tee report had provided. The term of office was increased
from ten to fifteen years. Numerous minor changes were
introduced, but they are largely of legal or professional
interest, and hence out of the province of this work.194 It
should be mentioned however, that provision was made for
all the Judges then in office to serve out the terms for
which they had been elected under the old Constitution.

The minor legal offices showed some change, as the
Justices of the Peace were now appointed by the Gover-
nor, and the Constables by the County Commissioners and
by the Mayor and City Council of Baltimore. These offi-
cers were formerly elected by the people. Also, the cum-
bersome system of electing two Sheriffs, one of whom

190 Proc., 415-23.          191 Proc., 514-5.          192 Deb., iii, 1385-93.

193 See Frederick "Examiner," July 6, 1864.

194 See Article iv of the Constitution as adopted.

 

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The Maryland Constitution of 1864
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