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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 262   View pdf image
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262

understood. He knew of nothing in Maryland,
which had more seriously conduced to the glo-
rious "uncertainty of the law," than this condi-
tion of things.
Mr. SPENCER. Is not the evil to be attributed
as much to the administration of the law?
Mr. BRENT. I think not. I think the evil lies
mainly in the legislation of the State, for the
reasons I have given.
Mr. B. then proceeded to remark, that the ex-
perience of the State, under biennial sessions,
had not been long. But there had been an inter-
val between two sessions of the Legislature, and
what was the condition of the State ? Was she
not as thriving as before ? Were not her fields
as productive—her soil as kind and generous—
her people as happy—and their rights as well
protected, as they had been under annual ses-
sions of the Legislature ? Gentlemen knew that
such was the fact. The State was as prosperous,
and her interests as well guarded, and they would
continue to be so under biennial, as under annual
sessions. The Legislature, at its last session,
had done as much as was required by the inter-
ests of the State. There were some measures
—such as a general assessment law—which
had failed, from want of time perhaps, or some
other cause. But gentlemen were to bear in
mind, that this was not the first time, that mea-
sures had been crowded into the last days of the
session, and not been acted upon for want of
time.
He believed, then, that biennial sessions would
be for the interest of the State. If the legisla-
ture, meeting biennially, could perform the du-
ties required from it, that would be all that
was necessary, and an annual saving would be
effected of twenty-five thousand dollars. This
was an expense which he wished to avoid, and it
ought to be avoided, unless there were strong
and overpowering reasons, why the money should
be expended.
It had been said that perpetual vigilance was
the price of liberty. No doubt it was so. But
was that perpetual vigilance to be exercised ex-
clusively through the Legislature of the State ?
If it were so, then the meetings of that body
would, of necessity, be perpetual. But it was not
the Legislature, which was to be the sole guar-
dian of our liberties. The people themselves
were to be vigilant. Their agents were to be
vigilant—their Governor, to whose keeping they
had confided their honor and their interests, was
to be ever upon the watch. There was also an-
other mighty sentinel upon the watch-tower of
liberty—that was the giant press. Whenever
our institutions were threatened in their strong-
holds, its voice would be heard from the mountain
peaks to old ocean's wave, sounding the
alarm and awakening the freemen of the land to
action.
Mr. B. then remarked, that his opinion in re-
lation to biennial sessions, were modified by the cir-
cumstances that surrounded him. He believed that
a Constitution would be passed, and that it would
be adopted by the people at the ballot-box. That
Constitution would impose very onerous duties

upon the Legislature, for some time after its
adoption. He should, therefore, vote in favor of
two annual sessions, to enable the Legislature to
carry out the provisions of the new organic law.
And if no other gentleman moved an amend-
ment to that effect, he would do so. He also
expressed his intention to urge the adoption of a
provision empowering the Governor, when, in
his judgment, the exigencies of the State might
require it, to call a special session of the Legis-
ture.
For these reasons, he could not vote for the
proposition of his able and distinguished col-
league, (Mr. Merrick.)
After a brief explanation by Mr. SPENCER,
Mr. CHAMBERS of Kent, said, he would endea-
vor to add a few words, without repeating argu-
ments already urged in favor of biennial sessions.
The reasons assigned for annual sessions, resol-
ved themselves into these two—first, the inability
of the Legislature to perform all the duty required
by the interest of the State, and second, the want
of necessary supervision over the treasury of the
State and its officers.
As to the first, it happened that the laws of the
session of 1849, the first of the biennial sessions,
lay upon the adjoining desk in the service of his
next neighbor, and when the accumulation of
duty was remarked upon in the course of debate,
he had opened to the middle of the volume, and
found that more than one half of the whole num-
ber of laws, were passed within the last four days
of the session. He believed in some of the
States, a whole session has not lasted beyond four
days. He was aware that many of these laws of
1849, had been in some progress before the day
on which they bear date—some of them nearly
consummated, but still it was true the great part
of the business of every session was performed In
the last few days.
He had passed the last thirty winters in this
city, with the exception of nine years, while he
held a seat in the Senate of the United States,
and it was as well known to him, as it was to
everyone who was conversant with these mat-
ters, that in the early part of the session, mem-
bers were enjoying themselves in social and
agreeable indulgencies. He did not allude to this
in the way of reproach—not at all. It was
characteristic of the species. Man is naturally
a self-indulgent and indolent being—essentially a
creature of appetite and passion. Some motive
must excite him to toil and labor. When it be-
came necessary, the members would and did de-
vote themselves to their serious duties.
The fact that they did so only after aconsider-
able portion of the session had elapsed, proved
his position, that less time was necessary than it
was now contended was required. With regard
to the supervision over the Treasury, and a strict
eye upon accounting officers, he must say he had
not much faith in the influence of investigating
committees, or in the "grand inquest." He ask-
ed gentlemen when and where defaulters had
been detected and exposed by such committees.
Experience taught us differently. Such defaul-
ters generally had the ability and the means to



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 262   View pdf image
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