was the understanding. He suggested the pro-
priety of not multiplying oaths The gentleman
from Kent, (Mr. Chambers,) was not at the mo-
ment in his seat—and he, (Mr. D.,) thought that
the section should lie over.
Mr. GRASON thought, he said, that in addition
to the general oath, it might be proper to take
the oath here prescribed. The Constitution of
the United States imposed an oath upon the Pre-
sident nearly in the same words, and embraced in
two lines.
Mr. SPENCER explained the previous action of
the Convention on the subject of oaths, and con-
firmed the opinion expressed by the gentleman
from Anne Arundel, [Mr. Donaldson,] in regard
to the intention of the gentleman from Kent
[Mr. Chambers.] to offer a general oath, and
suggested that the matter should lie over for the
present.
Mr. GRASON acquiesced.
And the section was informally laid over.
The tenth section was read, and no amendment
having been offered, was adopted in the followling
words:
Sec. 10. The Governor shall be commander-
in-chief of the land and naval forces of the State,
and may call out the militia to repel invasions,
suppress insurrections, and enforce the execution
of the laws; but shall not take the command in
person without the consent of the Legislature.
The eleventh section was read, and no amend-
ment having been offered, was adopted in the following
words:
Sec. 11. He shall care that the laws be
faithfully executed.
The twelfth section of the report was read as
follows:
Sec 12. He shall nominate, and by and with
the advice and consent of the Senate, appoint all
civil and military officers of the State whose ap-
pointment or election is not otherwise herein pro-
vided for.
Mr. GRASON moved to amend the said section
by adding at the end thereof, the following:
"Unless a different mode shall the prescribed
by the law creating the office."
Mr. CRISFIELD said, he had intended to offer
an amendment to the same purpose. But he suggested
to the gentleman from Queen Anne's, [Mr.
Grason.] to substitute for the language of his
amendment that adopted in the old Constitution,
[which Mr. C. read.]
Mr. GRASON said, he preferred the language of
his own amendment, and stated that these
amendments had been prepared with great care
and upon consultation with very eminent law-
yers.
Mr. CRISFIELD said, he offered no amendment.
He simply made the suggestion.
Mr. GRASON said, he thought the object of
both propositions was the same.
The question was then taken, and the amend-
ment was agreed to
And the section, as amended, was adopted.
The thirteenth section of the report was read
as follows: |
Sec. 13. And in case of any vacancy during the
recess of the Senate in any office which the Go-
vernor has power to fill, he shall appoint some
suitable person to fill said office, whose commis-
sion shall continue in force till the end of the
next session of the Legislature, or until some
other person is appointed to the same office; and
the nomination of the person thus appointed du-
ring the recess, or of some other person in his
place shall be made to the Senate within thirty
days after the next meeting of the Legislature.
On motion of Mr. GRASON,
Said section was amended by inserting after
the word "until," in the fourth line the words
"the same or." and by striking out the word
"the," in the fifth line, and inserting the word
"every."
On motion of Mr. HOLLYDAY,
Said section was further amended, by striking
out in the sixth line, the word "some," and in-
serting the word "any."
The section, as amended, was then adopted.
Mr. CHAMBERS, of Kent, called the attention
of the gentleman from Queen Anne's, [Mr. Gra-
son ] to the language of the thirteenth section,
which provided that "in case of any vacancy du-
ring the recess of the Senate in any office which
the Governor has power to fill, he shall ap-
point some suitable perron to fill said office,
whose commission shall continue in force until the
end of the next session of the Legislature, or until
fame other person is appointed to the same office."'
And he, [Mr. C.,] suggested a difficulty which
might grow out of it. Suppose the case of a no-
mination by the Governor being rejected by the
Senate—and where there was a failure during
the session of the Senate to agree to any nomi-
nation of the Governor. What would be the
condition of the Governor's appointee during the
recess ?
Mr. GRASON thought, he said, that the sugges-
tion of the gentleman from Kent, [Mr. Cham-
bers,] would apply more properly to the four-
teenth than to the thirteenth section. He, [Mr.
G ,] would state why the words had been insert-
ed as they stood in the report. In the Constitu-
tion as it now was, the commission was to be
continued in force until the end of the next ses-
sion of the Legislature. Judging from his own
experience, it occurred to him that it might hap-
pen that persons thus appointed during the recess
might be incompetent and might be turned out
by the Governor before the Legislature met, and
some other person be appointed. This provision
was made to enable the Governor to turn out a
person of his own appointment, if he should be
found to be incompetent during the recess of the
Legislature.
The next section, [No. 14] brought up, he
thought, the question suggested by the gentleman
from Kent, [Mr. Chambers ] Under that section
some difficulty might arise. He thought that
the fourteenth section would present the question
more properly.
The PRESIDENT, (pro tem.,) to Mr. CHAMBERS.
Does the gentleman move to reconsider the vote
by which the fourteenth section had been adopt-
ed? |
