Mr. BRENT, of Baltimore city, desired a re-
consideration for another object,
He read the twelfth section, and said, that the
appointing power was vested in the Governor
and the Senate concurrently. Now, the thir-
teenth section provided only for cases of vacancy
during the recess of the Senate. But lie sub
mined that a case might occur—and had occur-
red under the old Constitution, and under the
Constitution of the United States—where a new
office had been created at the end of the ses-
sion. Could the Governor fill that office during
the recess? As the thirteenth section now stood,
he could not either under that or the twelfth sec-
tion. To remove this doubt lie should hereafter
(if the reconsideration prevailed,) offer an
amendment,
Mr. GRASON said, that probably the gentleman
from Baltimore city, (Mr, Brent,) was right in
his construction, but he, [Mr. G.,] would call
the attention of the gentleman to the particular
words of the thirteenth section.
Some conversation followed.
The question was then taken,
And the vote by which the thirteenth section
had been adopted, was reconsidered,
Mr, CHAMBERS, of Kent, then moved to amend
the section by inserting after the word "office,"
in the fifth line, the words "which ever shall first
occur."
The question was taken, and
The vote stood ayes 33, noes 17,
No quorum voting.
The question was again taken, and
The vote stood ayes 39, noes 31.
So the amendment was agreed to.
Mr. CRISFIELD said, he would now offer his
amendment, as a substitute for the section. The
amendment of the gentleman from Kent, (Mr
Chambers,) would not do away with the difficul-
ty, he, [Mr. C,] saw.
The substitute was again read,
The question was then taken, and
The substitute was agreed to.
The question then recurred on the adoption of
the said substitute, as the thirteenth section of
the report.
Mr. BRENT, of Baltimore city, said. that as the
substitute of the gentleman from Somerset, (Mr.
Crisfield,) had been adopted, it would be neces-
sary for him, [Mr, B.,] to move an amendment,
which he probably might not have offered, if the
proposition had been allowed to stand in the
original form.
Mr. B. then moved to amend said substitute by
inserting after the word "appointment" in the
fourth line, the following:
"Or in case any office, or appointment shall
be created by law, and shall not be filled during
the session of the Senate."
The amendment was read, and the pending
question was stated to be on the adoption thereof
Mr. BRENT explained its object.
Mr. DORSEY suggested that the substitute of
Mr. CRISFIELD covered mure ground than the
gentleman supposed. |
Some explanation followed on the part of
Messrs. BRENT, DORSEY, and CRISFIELD, when
Mr. DORSEY waived his objection.
Mr, BRENT stated that the object of his amend-
ment was to obviate a difficulty that had arisen
under the old Constitution (referred to here-
after).
Mr. CRISFIELD had not been aware, he said,
that any such difficulty had arisen under the
provision of the old Constitution. And he
thought that some such amendment as the gentle-
man from Baltimore city had offered, properly
guarded, should be adopted.
Mr. GRASON expressed his regret that the
section had not been permitted to stand as amend-
ed. The section of the old Constitution retained
the old debateable grounds which had been acted
upon in different ways by different Governors.
As the section was now amended, he thought
that its language was not susceptible of any mis-
construction.
Mr. BRENT, of Baltimore city, to show that
difficulties had arisen on this question, read the
following extract from a letter addressed to him
by THOS. H. O'NEAL, Esq , Secretary of State:
STATE DEPARTMENT,
Annapolis, Feb. 27, 18&1.
Hun, R. J. BRENT,
Attorney General:
SIR ;—By the direction of the Governor, I re-
spectfully call your attention to the following
point, which you will please submit in writing,
at an early day:
By the act of 1836, (amendatory of the pre-
existing Constitution,) chapter 197, sec. 14, the
appointing power is vested in the Governor, to
be exercised by and with the advice and consent
of the Senate. By the 15th sec. the Governor is
authorized to fill vacancies which may occur,
during the recess of the Senate.
The practice heretofore obtaining in this De-
partment, in the appointment of new Justices of
the Peace, has been to confine such appointments,
during the recess of the Senate, exclusively to
cases of vacancy; thereby seeming to view the
power of the Governor as limited by a strict
construction of the 15th section of the act of
1836, before referred to.
Notaries Public, Commissioners to take ac-
knowledgments of deeds, &c. out of the State,
Auctioneers in the city of Baltimore, and other
similar officers, created by law, come within the
operation of the 14th section, aforesaid; and the
number and location of said officers, in most
cases, are left discretionary with the Executive.
It frequently occurs that additional appointments,
during the recess of the Senate, are required by
the public interests, and yet it is a matter of
doubt with the Executive as to whether or not
tie is restricted to the filling up of actual vacan-
cies occasioned by death, removal, removal out
of the place designated by law, resignation, re-
fusal to qualify, or any other recognized cause of
vacancy.
The extract having been read,
Mr BRENT said that the object of his amend-
ment was to obviate this difficulty. |
