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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 246   View pdf image
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246

report, and to substitute the words of the old
Constitution as follows:
"The legislature shall consist of two distinct
branches, a Senate and a House of Delegates
which shall be styled the General Assembly of
Maryland."
The question was taken, and the amendment
was agreed to.
The second section of the report of the com-
mittee, was then readas follows:
Section 2nd. The senators shall be elected by
the qualified voters, for the term of four years,
and the Delegates far the term of from the
day of the general election."
Mr. PHELPS moved to strike out the said sec-
ond section, and substitute for it an amendment,
of which he had given notice on Saturday last,
and which was in the following words:
"The senators shall be elected by the qualified
voters of this State, for the term of four years,
and the delegates in like manner, for the term of
two years from the day of the general election;
and the regular session of the General Assembly
shall be biennial."
Mr. MERRICK remarked that a motion to per-
fect a section was in order, before the motion to
strike it out. He would, therefore, move to 'fill
the blank in the section with "one."
This proposition, (Mr. M. remarked,) brought
up the question of biennial or annual sessions.
His own opinion accorded with the views enter-
tained by our ancestors, which was, that it was
wise and wholesome—a great preservative of
liberty and of the rights of the people, that there
should be frequent meetings of their representa-
tives. He did not like the idea of leaving the
whole affairs of the State of Maryland—its finan-
cial concerns and general interests—in the hands
of individuals—public officers—for the period of
two years, before the grand judgment of the State
should be called to examine and pass upon their
acts. He thought the public good required that
the Legislature should meet once a year—that
the representatives of the people should be elec-
ted at short intervals, and should account to their
principals for the manner in which they had
used their powers. This was a great cardinal
principle, which lay at the foundation of all free
government. He hoped that this Convention
would not set the example of violating that prin-
ciple. Let the length of the sessions be limited,
if the Convention chose, to as short a period as
they might think proper. But there was no other
way in which the people could get at the doings of
their functionaries, exeept through their representatives.
This Convention had met to form a Con-
stitution to last for years, until it should be
found unsuited to the times. The Convention,
therefore, should look now to the dangers which
might threaten the State. One of these dangers
was, the unfaithfulness of public servants. God
forbid that he should reflect upon any man. But
gentlemen were to consider the large sums of
money which were passing through the hands of
these officers, and should remember that the best
and purest men, had been tempted and corrupted.

These public trusts, therefore, should not be left
unaccounted for, for the period of two years.
Let the officers of the State feel and know that
they were annually responsible for their acts. It
would be a great check upon them—a safeguard
for themselves, and for the people. He hoped,
therefore, that there would be annual elections,
and annual convocations of the Legislature. So
far as the matter of economy wag concerned, it
was not to be weighed in the balance, against the
great good to be attained.
Mr. PHELPS said, he felt constrained to ac-
knowledge that he felt he occupied a most unenviable
position, in regard to this report. The
honorable chairman of the committee, (Mr.
Johnson,) is not now in his seat, and through the
courtesy of that distingushed gentleman, in con-
nection with the position assigned him, upon the
committee itself, he felt called upon to exercise
at least, some supervisory care over this report.
He regretted to differ with his friend from
Charles, (Mr. Merrick.) He always entertained
the moat profound respect for his opinions. His
long and brilliant public services, entitled him to
regard, but he could not vote for his amendment.
It was suggested to him, (Mr. P.,) upon his right,
that his object would be attained, by moving to
fill the blank, in the second section of the bill,
with two years. He thanked the gentleman for
his kindness, but must adhere to his original mo-
tion.
He desired, by his amendment, to approach his
object, boldly and without cover. The majority
of the committee were in favor of biennial ses-
sions of the Legislature, and the report now un-
der consideration, was designed to accomplish
that object; yet, without this amendment, or
some other similar to it, the report would fail
to secure this most important proposition. Im-
portant in his estimation, in every sense, and one
in which the commonwealth must feel the deep-
est interest.
The gentleman from Charles (Mr. Merrick,)
had insisted upon frequent elections, and upon
frequent, and direct accountability to the people.
That the representative should be forced, at short
periods, to give an account of his stewardship to
the people themselves. Now, Mr. President, I
fully concur in these opinions. They are in strict
accordance with the spirit and genius of our
Republican institutions. The, very principle con-
tended for is already engrafted upon our Bill of
Rights, and is destined to become a part and parcel
of the organic law of our land. Frequent
elections and frequent and direct accountability
(Mr. P.) said, were doctrines which he held in
common with his friend from Charles. But what
are we to understand by these words "these cardi-
nal principle?" These are relative terms, and are
surely not intended to designate any precise length
of time. These terms, if imperative, should
apply alike to all the officers of the Govern-
ment. All alike should be held to direct and
strict accountability. Yet, Mr. President, we
now have reports before the Convention provi-
ding for the election of Governor for the term of
three years, Registers of Wills, and Clerks of
the County courts for six years, and the Judges



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 246   View pdf image
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