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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 337   View pdf image
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337

the gentleman from Baltimore county, (Mr.
Ridgely,) would refrain from pressing it at this
time. If he ware urged now, he could not con-
sent to vote for it, and he would feel himself com-
pelled to ask for the yeas and nays.
Mr. RIDGELY replied, that be was as much op-
posed to the principle of placing the public money
at the disposal of the executive as any one. But
it has always been the practice to leave a sum in
his control to meet such contingencies as may
arise. And it was usual to place funds within
his reach in case of any sudden exigency; and
as the legislature would be the judge of the na-
ture of the exigency, Which it was impossible for
this Convention to foresee, and to provide for, he
could not see what evil could result from the
adoption of the provision. The legislature only
can be competent to judge of the exigency when
it shall take place.
Mr. SPENCER admitted the full force of the re-
marks of the gentleman from Baltimore county;
but we must Bear in mind that we are now es-
tablishing a new government, and it becomes us
to proceed with great care. Heretofore, expe-
rience has taught us that modes have been de-
vised of getting round the Constitution. We
ought to guard against such practices hereafter.
We have imposed many restrictions on the leg-
islature as to the appropriation of money, and if
we now permit the legislature to place, at their
discretion, a contingent fund without limit, at
the disposition of the executive, it might open
the door to great abuses hereafter. He saw so
much cause for apprehension in this amendment,
that be should not only vote against it, but he
must call for the you and nays on the question.
But if: the gentleman would place a limit on the
amount, or if be could obtain from the Governor
any information as to the usual amount required,
and would limit it to that amount, be would vote
for it.
Mr. DONALDSON said, he could tell the gentle-
man from Queen Anne's, that the usual amount
annually granted was $5,000, and had recently
been $6,000. The executive cannot abuse the
grant, as lie must reoder his account of expendi-
tures annually, to the legislature.
Mr. SPENCER moved to amend said amend-
ment by adding at the end thereof, these words,
"not exceeding six thousand dollars per year."
Mr. MCHENRY expressed his opinion that
there was no necessity to give any specific power
to the Legislature; but, he believed, that when
Congress made appropriations for contingent ex-
penses, the objects for which the appropriations
were made were specified so that the grant should
be for specific objects.
Mr. DONALDSON explained that the ap-
propriations by Congress were not always speci-
fic.
Mr. MCHENRY thought this proposition would
be an anomaly in any Constitution. We came
here to reform evils, but instead of imposing re-
strictions on the Legislative and Executive de-
partments) we are opening the door for the en-
trance of new abuses. He would prefer to see
this power of appropriation put in another form,
where it would not be liable to abuse. Under
43

it, as it now stands, the Governor may go on to
make extravagant expenditures. We are now
commencing a new government—we are enter-
ing on a new state of things, and he desired to
see an entire emancipation from the customs and
traditions of the past.
Mr. BROWN would not vote for any restric-
tions. He thought there had been very good
legislatures heretofore, and he did not doubt that
there would be as good ones hereafter. All the
acts of this body appeared to him to have a ten-
dency to abolish legislation altogether. It was
only necessary to look back at the various re-
strictions which have already been imposed on
the Legislature, to be assured of this.
He would like to know how much further this
Convention intended to go. We ought to be
careful lest while stopping one hole in the Con-
stitution, we make two fresh holes. He was
very willing to impose restrictions on the Gov-
ernor, but he was not disposed to go to the ex-
tent of depriving the Legislature of all power.
Under such a pressure of business as there was
at the last session of the General Assembly, the
new restriction requiring the ayes and noes to be
called, could not be enforced without great risk
to important measures. While, on the one hand,
you tie up the Legislature so as not to originate
any business daring the last three days of the
session, yon now come forward with this new
restriction, which will lead to a great consump-
tion of time. You may almost as well abolish
all legislation at once. He begged gentleman
who were thus eager after change, to pause
awhile, and reflect on what may yet be brought
forward. We have not yet done with this legis-
lative report. He himself expected to make
some proposition before it was disposed of. The
House had established biennial sessions—he had
voted for annual ones. You are restricting the
Legislature until they will have nothing on there
hands. He thought the Legislature as trust-
worthy as this body is, and that we ought not to
tie down their hands.
Mr. MCHENRY thought that it was a singular
mode of protecting the Legislature by giving
more power into the hands of the Executive.
Mr. BROWN replied that this proposition gave
power to the Legislature.
Mr. MCHENRY rejoined. We should labor to
throw power into the hands of the people, who
only are worthy of entire confidence. They are
trust-worthy; but lie was not disposed to put
too much trust in mere agents. He admitted the ne-
cessity of employing agents, but he was desirous
that they should be employed under a faithful
and vigilant supervision.
Mr. DONALDSON suggested that there were a
large number of accounts which the Governor
settled. There would be difficulty attending a
constitutional provision of a particular amount
for this contingent fund. It might prove either
too large or too small, according to circumstan-
ces, which we cannot foresee. It must be left to
the Legislature to make the sum appropriated
correspond with the necessity. If the sum we
now fix should be too large for the necessities of
some particular year, then there would be a ten-



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 337   View pdf image
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