Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-05-31
THE NEW CONSTITUTION FOR MARYLAND.

is ndustriously occupied in discussing the new
Constitution proposed for adoption by the People
of that State. The disputants on both sides main
tain their ground with much tenacity. II appears
to us, however, as lookers-on, that even could the
good and the bad which are embodied in the new
instrument be admitted osetting each other, YET
its defects are so many and some Of its provisions
so uncertain, as almost to preclude the idea that i
will be ratified by the People. Amongst the many
objections which are urged against it, an able cor
respondent Of the Baltimore American has just pre-
scented new and alarming view of the consequences
which must result from its adoption.
By the 10th section of the 10th article il is pro-
vided that, if the Constitution be adopted by the
popular vote on Wednesday next, it shall go into
operation on the fourth day Of July next, and on
and after said day shall supersede the present
Constitution Of the State There being no cleo
ton Of officers under the new Constitution until
the first Wednesday of November next the writer
contends that from the fourth Of July to the fifth of
November, "the old Constitution will be out of ex-
stence and the new one only in existence on paper
without any officers" He supposes that il was
intended to remedy this defect by the 9th section
of article 10, in the following words:
"The Governor and oil officers civil and military,
holding commissions under this State shall continue hold
and exercise their Offices according to their present term,
until they shall be superseded pursuant to the provisions Of
this Constitution, aud until their be duly Qualified
AS this is subject of vital importance to the
peace, safety, and welfare Of the people of Mary
land, we give the remainder of the communication
in the language of the author, who is evidently
member of the legal profession. He says:
SIT my wish be perfectly candid in this discussion,
and therefore do not hesitate to admit that this article may
to- far those officers concerned Whose Offices
preserved under the sysenthe only alteration being
made in the mode Of filing them Thus, justices Of the
peace may hold Judges of the orphans courts the
Treasurer, &c. may continue to exercise their offices, be-
their Offices will remain to be exercised BEFORE But
this not and be- with those offices which created
by and dependant the old constitution, and abo
ished by the Among these-composng them princi-
the present courts Of civil and criminal jurisdiction
and the attorney generahp and do not hesitate to assert
that if the constitution be adopted there toiH not be IN the
State of Maryland, from July 4M to November 5t, any
courts competent to giue ordinary redress civil ,crong, or
TO arrest or punish crime except the Chancy Court
the Orphans Courts and the Justices of the Peace In
other words there will and there must be, four months
anarchy when there will be cours, but udges-pena
ties, but punshmen-rights, but redress Fraud,
plumber violence may walk abroad in the daylight without
hand to stay them, or q voice to say them nay.
"There is, in this neither technical subey forced
construction. The constitution aboshes the County
Courts and Baltimore City Court and the office Of Attorney
General On the 4th day Of July the new constitutions if
adopted shall 60 operation, and shall supersede the
present constitution. Then, the 4h day of July the
County Courts the City Court, and the Attorney General
ship superseded with the instrument which creates
them II they remain they not superseded nor does
the constitution go into operation If they super
seded then there end of them and their substitutes
cannot be chosen for four months, the conclusion rre
bic that for these four months lose the munments Of the
old SYSTEM and kept from the substitutes good bad Of
the 1t is absurd to talk about officers holding and
continuing exercise their Offices when the offices abo
ished. They militia colonies without their regiments
They shadows without the substance"
The same writer, in another communication,
after stating that he finds the above construction
" to be conceded the true and only one by those
whose professional opinions are recognised as
authoritative in the community" continues as
follows: \"
"Serious the consequences Of extraordinary omis-
sion would be under ordinary circumstances they rendered
douby mschevous by the additional and UNREASONABLE fact
when hsemporay state Of nature
administration Of justice is resumed in November there
provision that any of the tribunals then into operation
shall take up and determine the civil criminal
depending in the present courts With the existing consi
tuition, die the existing county and Baltimore city court
The Judges Of these tribunals have power jurisdiction
after the 4th Of July, if the constitution be adopted That
power and jurisdiction given to else. The whole
authority of the circuit courts and the courts prescribed
for Baltimore city, confined to which arise after their
creation There not word which authorizes pro-
1esSes tnelr conoVefseS
already in progress. Not only does the constitution say
nothing the subject expressly but gives power to the
Legislature to remedy the defect.
"Here, them are, at blow, extingushed all claims for
debt all suits for wrong upon the dockes Of the courts which
abolished Every indictment against every criminal
stands po aco quashed after the 4th day of July, the
constitution be approved Every writ in the hands Of
sheriff is parayzed for how he execute the mandate Of
tribunal that has authority, make return to one that
has gone out Of existence another which has power
receive il? Every bail is released; for who be held
security for the appearance Of defendant when there
tribunal provided before which he shall appear Every
cognzance for the appearance Of criminals is discharged for
how you enforce obligation TO produce man, when
the security pleads that he ready, he stipulated but
there court before which he could produce him
The constitution provides Cart TO- y for the preseva
ton Of all rights vested and all liabilities incurred but
every lawyer knows amest every client has discovered
that the distinction very broad one, between rights and
remedies Your suit may be renewed after the constitution
puts end it, and you may obtain redress, provided lm
taons do interfere your debtor does not away in
the mean me You may arrest the criminal ALSO and try
him afterwards with equal constutonaity- you
] can catch him.
"When it is considered how much crime there is
awaiting punishment how many millions, the fortunes Of
how many citizens, abiding the decision Of cases
pending in the courts, he must indeed be rash who
would establish by his vote jubilee and Jail delivery Of fe
on and inc at the time on thousands of innocent
and honest victims the shame and suffering Of bank
upcy That such will be the certain effect of the
suIion if PREVAILS cannot entertain doubt. The mere
possibility Of such results ought make any good citizen
tremble."
i Now, if there be a possibility of this state OF
things resulting from the adoption Of the new Con-
sttution, (says another Baltimore paper, " the
CliDper ''l there should he M has;tat;on ; roecf