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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 498   View pdf image
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498
all required to attend. He believed they were
all deserving men, and he had no doubt would do
whatever duties were required of them or as-
signed to them,
Mr. BROWN explained that on looking back to
the platform, he found that the gentleman from
Baltimore voted for these clerks, and he, (Mr.
Brown,) against them. The gentleman from Bal-
timore says, we are wasting time. He agreed
with him that we are watting lime, but he
thought these unnecessary clerks ought to be
cut off.
Mr BUCHANAN moved the previous question,
and the motion being seconded,
Mr. BUCHANAN asked for the ayes and noes
on the motion to reconsider, and they were
ordered.
The question was then taken, and decided as
follows:
Affirmative.—Messrs. Blakistone, President pro
tem.. Dent, Hopewell, Wells, Dalrymple, Jeni-
fer, Dickinson, Dashiell, Williams. Hicks, Hod-
son, Eccleston, Phelps, Bowie, Tuck, Sprigg,
Bowling, Dirickson, McMaster, Gwinn, Brent
of Baltimore city, Sherwood of Baltimore city,
Presstman, Ware, Davis, Kilgour and Waters—
33.
Negative.—Messrs. Lee, Chambers, of Kent,
Donaldson, Dorsey, Sellman, Buchanan, Welch,
Ridgely. Sherwood, of Talbot, Grason, Wright,
Fooks, Shrivel, Biser, McHenry, Nelson, Carter,
Schley, Fiery, Neill, John Newcomer, Har-
bine, Brewer, Weber, Slicer, Smith, Parke,
Shower, Cockey and Brown—30.
So the Convention refused to reconsider.
Mr. BISER present a petition signed by 392 cit-
izens of Frederick county, praying for a new
county to include all the districts of Middle-
town Valley, in Frederick county, and such parts
of Washington county, as lie contiguous to said
districts, and their counter petition for a new
county to be composed of Jefferson, Petersville,
Middletown and Cacoctin districts of Frederick
county, and Pleasant Valley, part of Boonsboro'
and Sharpsburg in Washington county.
Which was read, and
Referred to the select committee on new coun-
ties.
ORDER OF THE DAY.
On motion of Mr. GRASON the Convention
resumed the consideration of the order of the
day, being the Report on the Executive Department.

The 23d section having been read,
Mr. GRASON moved to amend said section by
striking out in the 2nd and 3rd lines of said sec-
tions, these words "and shall lay the same be-
fore either blanch of the Legislature whenever
required."
Mr. G. confessed that in inserting the words
which he now moved to strike out, he committed
the error of borrowing from some of the modern
Constitutions. He had generally been very cau-
tious how he borrow from any of them, but he,
unfortunately did soon this occasion. He had
now submitted the motion to strike out the words
because the Secretary of State was not the pro-
per officer to answer the demands of the Legis-
lature.
On reflection, he was opposed to making the
Secretary of State the medium of communica-
tion between me Governor and the Legislature.
Some conversation here took place between
Messrs. CHAMBERS and GRASON on the subject
of the duties which the Secretary of State is
required to perform by the act of Assembly, and
those, the performance of which custom has im-
posed on him.
Mr. BOWIE asked if there was any provision
making it the duty of the Governor to allow the
records to be open to the inspection of persons.
Mr. GRASON replied in the negative.
Mr. BOWIE thought it necessary that the re-
cords of the Executive department should be
open to general inspection. But his friend from
Queen Anne's seemed to think that copies of the
records ought to be furnished without cost. He
[Mr. B.] thought it the duty of the Secretary of
State to furnish the General Assembly with copies
whenever they might be called for, but in refer-
ence to private applications, a compliance could
only be considered as a matter of courtesy. He
did not know that it was the duty of the keeper
of the records to supply the Legislature with
copies of the records, unless there was an official
call for them. He would suggest the propriety
of amending the section by inserting the words
"and shall be laid before each branch of the
Legislature when required." He was against
striking out that part of the section, and hoped
the Convention would not agree to the motion of
the gentleman from Queen Anne's.
The question was then put on the motion of
Mr. GRASON, but a quorum did not vote,
Mr. GRASON objected to the amendment of
the gentleman from Prince George's, because its
meaning was doubtful and obscure. The gentle-
man from Prince George's seemed to suppose
that unless the Governors were required by the
Constitution to submit the executive records to
the inspection of the Legislature, he might re-
fuse to communicate information respecting his
official acts and proceedings. It was true that
the President sometimes declined complying with
the calls of Congress, on the ground that a com-
munication of the intelligence required, was in-
consistent with the public interest. But the
executive proceedings of Maryland were always
open to the inspection to either branch of the
Legislature, and to every member who desired
information. But he had no objection to the
amendment, if properly modified.
After a few words from Messrs. BOWIE, CHAM-
BERS and GRASON, in explanation,
Mr. DORSEY suggested an amendment by strik-
ing out the word "and" in line 2, and inserting
in lieu thereof, the words "the Governor."
Mr. GRASON withdrew his amendment,
The question was then taken on the amend-
ment of Mr. MCLANE , and it was agreed to
The question then recurred on the adoption of
the section as amended, and,
It was adopted.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 498   View pdf image
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