Mr. CHAMBERS said it struck him that some
difficulty might occur. He took it for granted
that the intention of the Convention was, that the
appointments made by the Governor ad interim,
should cease with the termination of the session.
The difficulty on his mind was, that this provi-
sion went to continue in office the person appoint-
ed by the Governor, not only until the end of
the session, but until another appointment should
be made. Of course, this was only the sugges-
tion of the moment. So far as he could, at this
moment, appreciate the object of the gentleman
from Queen Anne's, (Mr. Grason,) he, (Mr. C.,)
doubted whether the language of the fourteenth
section controlled the language of the thirteenth.
In other words, he thought it was doubtful wheth-
er the fourteenth section would correct the mis-
chief of the thirteenth.
Mr. GRASON said that he had, in the first in-
stance, misunderstood the enquiry of the gentle-
man from Kent, (Mr. Chambers.) He, (Mr.
G.,) now thought that there might be a difficulty
which the fourteenth section would not, as he had
at first supposed, sufficiently meet. He thought
that an amendment should be made to that sec-
tion. There was now a general provision in re-
lation to all appointments, that the incubents
should continue in office until their successors
should be appointed. The object had been to
prevent detriment to the public interests from
interregnums, whether arising from the refractory
temper of the Governor or the Senate,
or both.
Mr. CRISFIELD said he had very imperfectly
heard the remarks of the gentleman from Queen
Anne's.. (Mr Grason,) but it seemed to him, (Mr.
C.,) that under the section as it now stood, the
Senate might, under some circumstances, be pre-
cluded from any participation in the appointing
power. He supposed such a case, and asked
now such a provision would work? Such a case
might occur. Under the old constitution it was
specially guarded against.
Mr. C. read the fifteenth section of the act of
1836, (amendatory of the constitution,) as fol-
lows :
" The Governor shall have power to fill any
vacancy that may occur in any such offices during
the recess of the Senate, by granting commis-
sions which shall expire upon the appointment
of the same person, or any other person, by and
with the advice and consent of the Senate, to the
same office, or at the expiration of one calendar
month, ensuing the commencement of the next
regular session of the Senate, which ever shall
first occur."
This provision, he, [Mr. C.,] thought, was
much less liable to lead to mischief than the sec-
tion. He had no doubt that the object of the
gentleman from Queen Anne's, (Mr. Grason,)
was precisely the same as that contemplated in
the act of 1836.
He thought that the section as it stood, might
be perverted—that it was open to doubt and mis-
construction, and might be construed to give to
the Governor the exclusive power of appoint-
ment. To obviate this difficulty, he would offer |
an amendment which was substantially a copy
of the act of 1836.
The PRESIDENT, pro. tem. The gentleman
must move to reconsider before he can offer his
amendment.
Mr. CRISFIELD then moved to reconsider the
vote of the Convention just taken on the thir-
teenth section, to enable him to move the follow-
ing as a substitute for said section.
The amendment of which Mr. C. intended to
offer, if the motion to reconsider should prevail,
was then read as follows:
"The Governor shall have power to fill any
vacancy that may occur during the recess of the
Senate, in any office to which the Governor has
the power of appointment, by granting a com-
mission, which shall expire upon the appoint-
ment of the same person or any other person, by
and with the advice and consent of the Senate, to
the same office, or at the expiration of one cal-
endar month, ensuing the commencement of the
next regular session of the Senate which ever
shall first occur."
Mr. GRASON compared the section with the
amendment as offered by the gentleman from
Somerset, [Mr. Crisfield.] and argued that it
was not open to the exceptions taken against it
by that gentleman. Its object simply was, to
guard against vacancies. There were some of-
fices which it was extremely important should
not be left vacant.
Mr. SPENCER could not see the difficulty in
this section which his friends on the other side
saw in it.
He gave his construction of it, and submitted
that by looking at the bill in all its parts—by
comparing the effect of one section upon the
other, (noticing specially the twelfth, thirteenth,
and fifteenth,) it would be found that every ob-
ject had been attained.
Mr. CHAMBERS, of Kent, dissented from the
construction put upon the amendment by the
gentleman from Queen Anne's, (Mr. Spencer,)
and submitted that the language of the section
did not carry out the idea of the committee: and
he suggested that the whole difficulty might be
obviated by inserting after the word "office" in
the fifth line, the words "whichever shall first
occur."
Mr. GRASON replied" to the objections taken by
Mr. CHAMBERS, and expressed the opinion, that
it was scarcely possible that the mischievous re-
sults which that gentleman supposed might oc-
cur from the adoption of the section could be
realized.
He, [Mr. G.,] was not disposed, however to
be tenacious in a matter of this kind.
Mr. CHAMBERS, of Kent, remarked that the
amendment he had indicated, could, at least do
no harm.
Mr. GRASON supposed a case in which injury
to the public service might result from the
amendment, and insisted .on the importance of
some provision guarding against vacancies which
might occur from a collision between the execu-
tive and the Senate. It was not likely that such
cases would occur often; but it was well to
guard against the possibility of them. |
