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Mr. Barry opposed the amendment, as the convening
of the Senate in extra session would be a great and use-
less expense on the State.
The amendment was advocated by Mr. Carter, and op
posed by Messrs. Barry and Kilbourn, after which it wa^
rejected.
Mr. Roman asked to open the first section to an amend-
ment providing that the first treasurer and comptroller
chosen under this constitution shall not take possession
until the expiration of the terms of the present incum-
bents.
The Convention refused to entertain the amendment,
it requiring a majority of the whole house.
"During the call of the yeas and nays on the final pas-
sage of the bill, several members made personal explana-
tions.
Mr. Mitchell did not vote against the article in any
spirit of factious opposition, but he thought it extremely
wrong to provide that the Governor shall serve his full
term and to turn out the present treasurer and comp-
troller, probably two of the best officers the State ever
had.
Mr. Stoddert explained his vote by saying the article
conflicted with the 23d section of the Bill of Rights. It
conferred judicial power upon an executive officer, giving
the Governor power to remove a man without trial by a
jury of his peers.
Mr. Tarr, of Worcester, was compelled to vote no, be-
cause he did not deem it either right, politic or expedient
to shorten the terms of the Treasurer and Comptroller
and not that of the Governor.
Before the vote was announced a number of members
changed their votes, stating that their views coincided
with the gentlemen who had spoken.
Mr. Kilbourn was in favor of the amendment of the
gentleman from Allegany, (Mr. Roman, ) but as the Con-
vention had decided against it, he deemed it best not to
open up the discussion again, and would therefore vote for
the passage of the article.
415
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