The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-24

regulating the police. Laid on the table.
Mr.. TAYLOR presented communication from 5.
NJ. France, offering a site for a Almshouse.-
Referred to the Committee on the Almshouse.
A communication received from John A.
Thompson, City Register, giving a summary of the
receipts and disbursements of moneys in his office.
Laid on the table.
Mr.. SPEDDEN offered the following preamble and
resolutions
WHEREAS certain Bills, prepared by political orgsni
cation of minority party in this city, and recently in
toduced into the General Assembly of Maryan the
entitled An Act to regulate Elections in the city of
Baltimore and the other, To establish and maintain
Permanent Police in the City of Baltimore and define
and enforce the Powers and Duties thereof in direct
conflict with the Declaration of Rights and the Constu
ton and the Organic Law perpetuang the Corporation
of Baltimore in papable violation thereof in the
following essential particulars amongst many Others to
wit:
l. In taking away both from the people of Baltimore
and from the Governor who alone represents the people
of the whole State the right to choose appoint the
Board of Police created by of these bills which they
ought not to be deprived of-Decldrdtion of RightS
Art. l.
. In granting the Legislature the power to name the
said Board of Police, by the Bill creating it, in contraven
ton of the fundamental principle that 1.-THE Legislative,
Executive, and Judicial powers Of government ought to
be forever separate and distinct from each other and that
no exercising the functions of of said Depart
ments shall to discharge the duties of other
Declaration Of Rights. Art VI
3. In inlictng 'cruel and unusual pains and penal
tes,n for violating the provisions of said Bills, which
ought not to be done by any law in any at any
time hereafter. .-Dscldrdtion of Rights, Art. XIV.
L. In yestng the command of the military in the said
BOARD of Police to be called out at it's discretion when
the Constitution declares that the Governor,
"manderinchief of the land and forces of the
State, may call out the militia to repel invasons, sup
p ess instructions, and enforce the execution of the
"laws.'- Constitution, Art. II, : g.
s. In assuming authority for the Legislature appoint
the said Board of Police upon that proviso of the Cons
tuition which declares that the Governor sha nominate
land by and with consent of the Senate appoint all civil
and military officers whose appointment election is
mot otherwise herein provided for, aless different
mode Of appointment be prescribed By the alc creating the
otce for though this latter proviso gives the Legsla
ture the power to create office, and prescribe the
mode of appointment that mode must be in accordance
with the Constitution The Legislative Department Of
the Government cannot the power to appoint to
office, which is function of the Executive, function
that the law-makng authority is forever debarred from
exercising by the 9th Article of the Declaration of Rights
DecIergtion Of Rights Art u II; Maryland Reports,
l6l; Harris and johnson, 2i2-24 Gill ard johnson,
2O6-207; Gill and Johnson, 472-473; rs Barbours Nep
Ysrf s. Reports $o4; Ohio Reports Nelo Series $40.
of the Mayor and City Council to provide by ordinance
for the creation and government of such temporary ad-
diona police as they deem necessary preserve
the public peace '-Consti tuition. Art " 20.
T. In contravenon and violation of the Act of Assem-
bly, declaring the charter of the city of Baltimore
perpetual, and a acts and ordinances passed. or to
passed. by and under authority of the same be good
and valid, the vested rights under which Act have been
expressly recognized by the New Code-Ac 1897 ch 81
g. In usurpng the police power of quarter of million
OF people without their consen-a policy contrary the
whole spirit of past legislation which respected the
cys organic and perpetual charter Of 1897 submit
change in the mode of choosing the Mayor and Council
to the popular voice for acceptance reectionAct Of
1907, ch 153, 81 d.
g. In entirely reversing the legislation that enlarged
the police and other of the Mayor and Council and
in now abrogating them to transfer the city gov
ernmen virtually into the hands and control of the
Board of Police: Act of 1877 ch 1856 {7-1s27 ch 1872
1885 ch 205-lSi3 ch l46
For these and other sufficient objections patent in al
most every line of these Bills, therefore:
Resored by the Mayor and City Council Of Baltimore,
That the ment into laws of both either of these
bills would be in papabe erogation the Declaration
Of Rights and the Constitution and the organic law
taoishng this Corparation and manifest invasion of
the rights and liberties of the people of Baltimore
Resolved, de- That these bills ought not to pass in their
present any other shape because majority OF the peo
pie OF Baltimore have not Bsked for any change in their
municipal government:
Resolved, Gc That instead of being measures to pro-
mote the of law and order in the city of Baltimore
their adoption will inevitably lead to the most disastrous
results in disturbing the peace of the city:
ReSoued, DC, That the municipal authorities of the
city OF Baltimore being the custodans of her peace and
safety and her rights and liberties do hereby
EMNLY PROTEST against the adoption OF these measures
either in whole in part, because they would be njur
Gus to her best interests and in violation of the pghted
faith of the people of the counties at the creation of the
Constitution in agreeing leave the people of Bal
more the right to govern themselves under the Constu
on and her perpetual organic charter exchange the
surrender of their right to be in the egsa
ture on the basis of population. Debates in ConrenOn
pdSSim.
Resolred, dc, That the proposed Commissioners are
not the choice of majority of the people of Baltimore
requested to call a Town Meeting forthwith at some
convenient place to take into consideration said Bills
ana to express their opinion upon the same to the Leg
lature
Resored, &C. That the Mayor be and he is hereby re
quested to transmit copy Of this Preamble and Resou
tons to the Governor and eaen member of the General
Assembly, without delay.
Resolved, DC, That the Mayor shall cause this Pre-
amble and Resolutions to be published in all the
newspapers, whether daily or weekly, in the city o
Baltimore and throughout the State for the payment
which the sum of dollars is hereby appropriated
Mr.. CALLS moved that it be adopted
Mr.. BLACKBURN said that it required a second
reading, to which he objected.
Mr.. CALIlS moved a susnensiOn Of the rulas IL
give the preamble and resolutions second reading
Mr.. RoBERTs called for the yeas and nays.
The Branch refused to suspend the rules by the
following vote:
Yeas-Messrs. Irons, Evans, Calls, Chapman
Mace, Talbot, Pollock, A. NJ. Price, Simms, Sped
den, Taylor and Bain-12.
Nays-Messrs. Roberts, Penn, Baugher, Black
burn, r. Price, Linton and Norris-7
Adjourned.
SEcoSD BRANcH.--Branch met pursuant to ad-
journment. Present, David Taylor, Esq, Presi
dent pro tem., and all the members
Mr.. COTTON offered a resolution requesting thu
Committee on Markets to look ont for and select
site for new market-house, to be situated in th
northeastern section of the city, somewhere nortl
of Fayette street, and east of Bond street. Re
ferred
A resolution to place gas lamp on the north
west corner of Lombard and Amity streets was re
ceved from the First Branch, read a second tim
and adopted.
Mr.. McCoMAs presented the communication O
Hiram kauphman, offering to sell, as a site for tn
new Almshouse, piece of land lying in the l3t
District of Baltimore county, on the Middl
Branch of the Patapsco river, about one and a hal
miles from the city limits, adjoining the Patapsc
bridge, containing l60 acres, at the rate of $50
per acre. Referred.
resolution to place gas lamp Oh Columb
street, between Scott and Fremont streets, was re
ceived from the First Branch, read second tim
and adopted.
The Branch adjourned until tomorrow afternoo
| at o'clock,