The Convention had now gone through with
this bill.
Mr. GRASON said it would be in the recollec-
tion of the Convention, that on Wednesday last,
the second section of the report had been post-
poned. because there was not a full Convention
He was ready to go on with it at this time. It
was, however, a matter for the Convention to
determine whether they would proceed with
the consideration of the section at this time, or
would further postpone it until there was a
more full attendance.
Mr. DORSEY suggested that time spent in pass-
ing upon Important questions whilst there was
so sparse an attendance, would be lost, inas-
much as a reconsideration of the question was
sure to be moved, when there was a more full
attendance.
Mr. BRENT, of Baltimore city, said he took it
for granted that no important question could be
passed upon here without an effort to reconsider
•when there should be a more full attendance.
He suggested that the Convention should take
up the motion he had yesterday made to re-
consider the vote of the Convention on the 13th
section, for the purpose of enabling him to offer
a substitute.
The Convention thereupon proceeded to the
consideration of the motion to reconsider the
vote on the said 13th section.
Mr. CRISFIELD said he was opposed to the
motion of the gentleman from the city of Balti-
more, [Mr. Brent,] to reconsider the 13th sec-
tion. The object of the motion to reconsider,
is to allow the mover to offer a substitute for
the 13th section, which will be found in the
journal of yesterday That substitute, if adopted,
would authorise the Governor, in all cases.
where he has power to make any appointment to
office, to make such appointment during the re-
cess of the Senate, no matter when such office
may have been created, or when the vacancy
proposed to be filled, may have occurred. The
question then is, one of preference between the
13th section as it stands, and the substitute pro-
posed to be offered.
As it now stood, the 13th section provided for
cases of vacancy occurring during the recess of
the Senate; temporary appointments might be
made by the Governor, to fill such vacancies to
terminate at the expiration of thirty days after
the commencement of the succeeding session, or
on the appointment: of the same, or some other
person, to the same office, by and with the advice
of the Senate. The section also provided for
another class of cases—new offices created less
than thirty days before the termination of the
session, which might he filled in the recess, in
the same manner as vacancies occurring in the
recess. The object of this latter provision, was
to afford the Governor time for reflection and
examination, before be should be obliged to make
his appointments. If a law should pass creating
a new office more than twenty days before the
close of a session, the Governor must make his
nomination to the Senate before the adjournment, |
the presumption being that within that time, he
can satisfy himself, who is the proper person to
be appointed. Here then, were two classes of
appointments, which might be made by the Gov-
ernor during the recess, by granting temporary
commissions which would run into the next
session, and afford ample time for the Governor
and Senate to perform their respective functions,
before they would be vacated. Was there any
other class of cases for which additional provis-
ion was necessary?
The object of the 13th section, as it now
stood, was to restrain the Governor within the
just limits of his authority, and secure to the
Senate its constitutional right of passing on all
appointments. All agree that the Senate is pro-
perly a part of the appointing power. The ne-
cessity of its co-operation exercises a powerful
influence over the Governor. It is a powerful
check on a spirit of favoritism in the Governor,
and tends to prevent the appointment of unfit
persons, from prejudice, want of information,
family connexion, personal attachment, or a
desire for popularity. Hence, the Constitution
authorised the Senate to act upon all appoint-
ments. But tills provision would be idle and
ridiculous if it may be evaded The 13th sec-
tion as it now stood, would prevent all evasion.
As long as that stands, no appointment by the
Governor can continue for a longer period than
the interval between the sessions, and thirty
days during the succeeding session, it was
therefore essential to preserve the substance of
that section, in order to secure to the Senate the
full exercise of its constitutional authority.
Now what is the substitute which the gentle-
man from Baltimore city proposes, and to let in
which the reconsideration is moved? It is, as
already observed, to authorize the Governor in
all cases where he has power to make an ap-
pointment to office—to make such appointment
in the recess of the Senate, no matter when the
office was created or the vacancy occurred.
What is the effect of this? If an office be
created, or a vacancy occur during the session
of the Senate, the Governor would not be under
any constitutional obligation to fill it during the
session; and if he failed to fill it, the office need
not remain vacant, until the next session. Sup-
pose, in the recess, he make a temporary ap-
pointment, and at the next session he make a
nomination to the same office, and it is rejected;
the Governor would have power, after the close
of the session, to make another appointment; and
so on from session to session. By a little adroit-
ness, the Governor might preclude the Senate
from all participation in the appointments. All
he need do to secure to himself practically the
sole power of appointment, unchecked by the
Senate, is to make, at each recurring session, a
nomination which will be rejected, and thus be
enabled to keep his favorite in office, during his
entire term, without the consent, and possibly in
defiance of the wishes of the Senate. The sub-
stitute, if adopted, would enable an unscrupulous
Governor to evade the provisions of the Consti-
tution. |
