Mr, CRISFIELD moved to amend the amendment
of Mr. BRENT, by inserting after the word
" law," " within twenty days next before the re-
cess of the Legislature."
The question was then taken and decided in
the affirmative, ayes 27, noes 25.
So the amendment of Mr. CRISFIELD was agreed
to.
The question recurred and was taken on the
amendment of Mr. BRENT,
And it was agreed to.
And the thirteenth section, as amended, was
then adopted,
The Convention then resumed the considera-
tion of the fourteenth section,
On motion of Mr. DORSEY,
Said section was amended by striking out the
word ''and,'' in the first line.
And the section, as amended, was adopted.
Mr. SPENCER rose to an explanation. On page
164 of the register of debates, he is reported in
the following words:
" Mr. SPENCER explained that he, as chairman
of the committee of ways and means, recommended
a compliance with the opinion of the
Governor, but the committee did not agree with
him."
He was not understood by the reporter. He
did not say the committee did not agree with
him. He said that the Legislature would not
sustain him. But a majority of the committee
were willing to go with him.
The fifteenth section of the report was then
read, as follows:
Sec. 15 All civil officers appointed by the Go-
vernor and Senate, shall be nominated to the
Senate within fifteen days from the commencement
of each regular session of the Legislature ;
and their term of office shall commence on the
first Monday of May next ensuing their appoint-
ment, and continue for one year, (unless they are
sooner removed from office,) or until their suc-
cessors respectively, qualify according to law.
Mr. GRASON moved to amend the section by
striking out, in the fifth line, the words "one
year," and inserting in lieu thereof, " two years"
The question was taken, and the amendment
was agreed to.
Mr. GRASON moved further to amend the sec-
tion by striking out, in the last line, the words
" according to law."
Some conversation followed on the part of
Messrs. GRASON and DORSEY.
The question was then taken on the amend-
ment.
But no quorum voted.
The question was again taken, and the vote
stood, ayes 46, noes 6.
So the amendment was agreed to.
Mr CHAMBERS, of Kent, suggested to the chair-
man of the the committee (Mr. Grason.) to in-
sert the words " unless otherwise provided for."
The section, Mr. C. said, was drawn upon the
theory that all officers were appointed by the
President and Senate, and were to hold their of-
fices for two years But there might be an office |
the term of which would be longer; and to pro-
vide for such a contingency, he suggested that
the words he had designated should he inserted.
Some conversation followed.
Mr GRASON had no objection, he said, to the
amendment, but submitted to the gentleman from
Kent, (Mr. Chambers ) whether the word " biennially."
inserted after the word " appointed,"
in the first line, would not answer the purpose?
Mr. CHAMBERS assented.
On motion of Mr. GRASON, the said amend-
ment was agreed to.
On motion of Mr. DORSEY,
Said section was amended by striking out in
the fifth line, the word "or," and substituting the
word "and "
On motion of Mr. CHAMBERS, of Kent,
Said section was further amended by striking
out in the fifth line, the words "they are."
Mr DORSEY moved further to amend said fif-
teenth section, by adding at the end thereof, the
following:
"Unless the appointment be made to fill a va-
cant office, when the appointee's term shall com-
mence as soon as he shall have qualified."
Which was read,
Mr. DORSEY withdrew said amendment.
The said fifteen section was then adopted as
amended.
The sixteenth section of the report was then
read as follows;
Section 16. The Governor may suspend or ar-
rest any military officer of the State, for disobe-
dience of orders, or other military offence, and
may remove him in pursuance of the sentence of
a court martial; and may suspend or remove any
civil officer whose tenure of office is not placed
beyond his control by some other provision of this
Constitution.
Mr GRASON moved to amend said section by
adding at the end thereof, the following: "or the
law creating the office."
Mr. CHAMBERS would enquire of the chairman,.
what was in contemplation of the committee,
when in this sixteenth section they say, the Go-
vernor may remove all civil officers whose tenure
of office is not placed beyond his control by an
express provision of the Constitution.
If it was intended to introduce here, or to coun-
tenance the practice of removal from office for
political opinion, he should regret the success of
any such design. He had not anticipated any at-
tempt to insert a provision, which could imply
the right of the executive, to remove from office,
without just cause, officers who received their ap-
pointment from the joint action of the Governor
and Senate. He was unwilling to make those
who were thus deliberately appointed, and who
should prove themselves competent, and faithful,
dependent upon the breath of the Governor. A
power to rut short the political existence of a
meritorious officer, in the midst of the term for
which lie was appointed, by the mere ipse dixit of
a party Governor, was a dangerous incentive to
mal administration. It should be controled,
It was said the same power had been given in
the new article introduced into the Constitution |
