Mr. DORSEY asked for the ayes and noes on
the motion to reconsider,
And they were ordered.
Mr. SMITH gave notice that he would move
hereafter to reconsider the vote by which this
section was adopted, for the purpose of taking
the sense of a full House as to the reduction of
the Governor's salary.
The question was then taken on the motion to
reconsider,
And decided as follows:
Affirmative—Messrs. Lee, Dorsey, Crisfield,
Dashiell, Eccleston, Dirickson, McMaster,
Fooks, Gaither, Sappington, Nelson, Carter,
Hardcastle, Schley, Fiery, John Newcomer,
Harbine, Davis, Smith, Parke, Shower and
Cockey—22.
Negative—Messrs. Blakistone, Pres't, pro. tem.,
Dent, Chambers of Kent, Donaldson, Wells,
Sellman, Brent of Charles, Jenifer, Howard,
Buchanan, Bell, Welch, Chandler, Lloyd, Dick-
inson, Sherwood of Talbot, Williams. Hicks,
Hodson, Phelps, Chambers of Cecil, Miller, Mc-
Lane, Bowie, Tuck, Grason, Shriver, Biser,
McHenry, Gwinn, Stewart of Baltimore city,
Brent of Baltimore city, Kilgour Brewer,, Wa-
ters, Weber, Hollyday, Slicer and Brown—38.
So the Convention refused to reconsider the
Tote.
Mr. BRENT, of Baltimore city, gave notice that
he should on to-morrow move to reconsider the
thirteenth section of the report, for the purpose
of correcting an omission.
He called the attention particularly of the
gentleman from Somerset, (Mr. Crisfield,) on
whose motion the section had been amended, to
its present defective condition, in consequence of
which, the Governor would be without the power
of appointing, during the recess, certain officers
whose services were indispensible for the
public convenience.
There were numerous applications before the
Governor for appointment out of the State of
Maryland, to lake the acknowledgment of deeds;
some of these were from California, and it was
important that such appointments should be made.
But as these are considered by the Governor who
is a strict constructionist, to be new offices, he
feels himself debarred by the terms of the exist-
ing Constitution from making the appointments.
The Governor has also the power to appoint in
his discretion, twenty auctioneers in Baltimore,
and these are biennial appointments. But if
twelve of these should be appointed, and the
thirteenth is to be appointed during the recess,
with his construction that this thirteenth is a
new appointment the Governor will be restrain-
ed from making it.
The public interests, therefore, require some
modification of this section. He would, there-
fore, give notice of his intention to move a re-
consideration of the thirteenth section for the pur
pose of moving the following substitute. As the
Constitution now stands, not one of the application
before the Governor can be complied with,
and this amendment will supply the casus
omissus.
The substitute was read as follow: |
"In all cases where the Governor has the pow-
er by the Constitution or laws to make any ap-
pointment to office, or in case any vacancy shall
occur during the recess of the Senate, in any of-
fice to which the Governor has the power of ap-
pointment, he shall have power in the recess of
the Senate to make such appointment or fill such
vacancy, by granting a commission 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 legislature which ever shall first occur. "
Mr. CRISFIELD made some remarks, which will
be published hereafter.
The twenty-second section was then read,
when
Mr. DORSEY moved to amend the section by
adding at the end thereof, the words, "before his
appointment."
Mr DORSEY said, the salary ought to be fixed
before the appointment; otherwise, party feel-
ings and prejudices may influence the appoint-
ment. He thought, therefore, that the legisla-
ture ought to fix the salary before they make the
appointment.
Mr. CHAMBERS. It would be better to do it
now.
Mr. DORSEY. I have no objection.
Mr. CHAMBERS then moved to amend the sec-
tion by striking out in the fifth line, the words,
"such annual compensation as may he fixed by
the legislature," and inserting in lieu thereof,
these words, "one thousand dollars "
Mr. JENIFER moved twelve hundred dollars.
Mr. GRASON said:
The salary had not been fixed because the com-
mittee could not tell who might fill the office. If
he was a single man, eight hundred or a thousand
dollars might be sufficient. If he was a lawyer
with a family, it would not be enough. If we fix
the amount in the Constitution, it cannot be
changed, and we may thus debar men of respect-
lability from accepting it.
Mr. DIRICKSON said, after this question was
disposed of, he intended to move to strike out the
whole section.
Mr. PARKE asked for a division of the ques-
tion, and that it may be first taken on striking
out.
The question was then put on the motion to
strike out,
And it was agreed to.
The question recurring on the motion of Mr.
CHAMBERS.
Mr, MCHENRY moved fifteen hundred dollars.
Mr. DORSEY asked what was the present salary
as fixed by law?
Mr. BOWIE. One thousand dollars.
Mr. GRASON said the clerk of the council who
formerly performed the duties that are now as-
signed to the Secretary of State, received fifteen
hundred dollars a year, besides the perquisites of
his office, which increased his annual compensa-
tion to about two thousand dollars. The Secre-
tary of State at first received a salary of two
thousand dollars, which was afterwards reduced |
