in relation to the consumption of time. That leg-
islature did, by special rule upon important bills,
restrict debate in gome eases to five minutes
speeches, and even with that restriction, after
passing more laws than any two legislatures had
heretofore done, found it impossible to get through
with the public business—and this he declared,
in his opinion, was the result of the measure fastened
upon the State, by the gentleman and others
who acted with him in the passage of his biennial
session bill. If every gentleman here had the ex-
perience of the last session of the legislature,
which he, (Mr. M.,) the gentleman from Car-
roll, and the gentleman from Baltimore, had they
would never vote for another biennial session.
A word as to the objections of the gentleman
from Dorchester. He says, that frequent elec-
tions of members of the House of Delegates are
no more necessary, than in the case of judges
and other officers elected by the people for a
long term of years. His friend had mis-read the
old bill of rights, where it is said in reference to
the legislature only. "that elections should be
free and frequent." In this clause there was no
reference whatever to judges; the clause de-
clared that a participation in the legislature, fre-
quently by the people was the foundation of all free
government—it defines the rights of the people,
by securing the sovereign exercise of their will
through their representatives in legislature as-
sembled. It simply secured this great principle,
and says, in effect, the sovereign power should
often be returned to the source of its emana-
tion.
The judges were clothed with no such power;
their duty was to administer, not to make the
laws. The one could, therefore, with great pro-
priety, be a perpetual office—whilst the other
required a frequent recurrence to the original
source of all power—the people. The same rea-
son, therefore, did not apply in the case of a
judge, as in that of a representative. He refer-
red to the reforms that had taken place in the
British government. Instead of long parliaments
which sat at earlier times, triennial parliaments
were substituted, which was wrung from the
reluctant Charles by his people, for the very rea-
son that induced the insertion of the clause re-
ferred to in the old bill of rights by our forefath-
ers. It was true their Parliaments were now
elected septenially, yet such was the frame work
of their Constitution, that even in England at this
day, annual Parliaments were obliged to be
held.
The British declaration of rights prohibited a
standing army, except by consent of Parliament,
nor could the King obtain supplies except by ap-
propriation of that body, and these two provi-
sions are considered the greatest bulwark of Con-
stitutional freedom, because it forced the assem-
bling of the representatives of the people annu-
ally, to watch their interest, and to guard against
all encroachments and abuse from any and all
quarters. It was the assertion of this principle
having its origin far back in British history, in
order to secure the advance that had been made
in liberalizing government, that caused the Convention
of '76 to place the present article in the |
bill of rights; and we are now called upon at this
day to go back—to approach nearer to the times
when usurpation demanded and forced a change.
In throwing out these views he not only express-
ed his own opinions, but was happy to say that
he also uttered the voice of the people he repre-
sented, who, by a large vote, had declared against
biennial sessions. He believed experience had
proven the correctness of their opinions, and that
no good had resulted to the State, from the
change that had been effected.
Mr. PHELPS said he had been charged with at-
tempting to fasten biennial elections on the Le-
gislature, and he was now charged with attempt-
ing to fasten them on the people. Gentlemen
who made these charges did him too much honor.
The question as to biennial sessions was refer-
red to the people of Maryland; and the question
was distinctly put to the voters as they came up
to the ballot box, whether they were in favor of
biennial 'sessions or against them; when, out of
fifty-five thousand votes deposited, there wax
found to be a majority of no less than five thou-
sand in favor of biennial sessions. From that
moment it ceased to be his bill. The people took
the bill off his hands and made it their own. The
people of Maryland, whose agents we are, adopt-
ed the bill, and now it will be seen whether the
people of Maryland will be willing to see their
decision reversed by this body. For himself he
cared but little. His participation in the pro-
ceedings of this Convention would be the end of
his political life. When he had retired from this
body, and reached his own fire-side, he should
not thereafter mingle in political bodies. But it
would well become the Convention to pause be-
fore they act in opposition to the expressed will
of the people. He was no prophet, nor the son
of a prophet, but he would venture an expres-
sion of his belief, that if the Convention should
determine not to adopt the system of biennial
sessions, the reformers will find that they will
have to be content with the old Constitution for
the next half century. He reiterated what he
had before said on the subject of the salaries of
the officers of Government. The gentleman from
Anne Arundel, (Mr. Donaldson,) and the gentleman
from Charles, (Mr. Jenifer,) had argued that if
the sessions should be made biennial, there would
be no check on the Treasury. What check, he
asked, is provided by annual sessions ? If there
was a disposition on the part of the Treasurer to
defraud the State, he could make false returns to
the Legislature annually, as easily as biennially.
Our present Treasurer is faithful and honest, and
we have every confidence in him. He was ready
to give his vote for that officer.
One word,; as to the multiplicity of business
at the close of the General Assembly. This
press of business did not originate with biennial
sessions. The number of bills not acted upon,
were quite as large, during the existence of an-
nual sessions. You, Mr. President, and I, are
old stagers here, and have had much experience
within these Halls. We have, time and again,
seen the clerk's desk, at the close of the sessions,
loaded with bills, and not unfrequently would a
member approach that desk, upon the last night |
