corded in this State, and such acknowledgment
or proof taken or made in the manner directed
by the laws of this State, and certified by any
one of the said commissioners before whom the
same shall he taken or made, under seal, which
certificate shall be endorsed on or annexed to
said deed or instrument aforesaid, shall have the
same force and effect and be as good and availa-
ble in law, for all purposes, as if the same had
been made or taken before some one of the judg-
es of the United States courts or of the courts of
record of the several States. "
It would be seen that the law merely autho-
rized the Governor to name and appoint the
commissioners, by and with the advice and con-
sent of the Senate. He had no power, therefore,
to appoint these commissioners. But suppose the
Governor had construed the law wrong, that he
had no power to make these appointments, he
was not going to yield his opinion because gen-
tlemen of the Convention thought differently. If
the gentleman wished to fetter executive power,
let the vote by which the article was adopted be
reconsidered, and then they could consider
whether restraints should be applied He, (Mr.
C.,) could then submit his amendment, which
proposed that the Governor should have no pow-
er to appoint commissioners to take deeds, notaries
public, or auctioneers, although the revenue
of the State might be benefitted by it. The gen-
tleman presupposed that the Governor of Mary-
land, having the power to make original appoint-
ments, would purposely make appointments and
withhold the nominations, for the purpose of mak-
ing temporary appointments. He, (Mr. B,) did
not think the Governor would do this. If the
gentleman proposed an amendment free from ex-
ception, he would vote for it.
Mr. B. said that his purpose was to improve
this class of cases. He had no other object, and
repudiated any other object. If a law should be
passed twenty-one days before the termination of
a session; and if the Governor should be unable
to make a nomination for the office to the Senate
before it adjourned, then, by the gentleman's
amendment the public interests were to be dis-
regarded. If the gentleman would show him
how lie could restrict the Governor, and at the
same time safely leave the offices unfil-
led, then he would vote with him after the adop-
tion of the clause should be reconsidered; but he
did not wish to see the public interests put in
jeopardy. He wished to see the offices filled by
temporary appointments rather than not filled at
all. If they should have a Governor corrupt or
negligent enough not to fill offices which had been
created not more than twenty days before the
termination of a session, or to fill offices autho-
rized by permanent law, then the public inter-
ests were to be disregarded, and the offices left
vacant, whatever might be the necessity of filling
them, merely from an apprehension that the Go-
vernor might commit fraud.
His, (Mr. B.'s,) substitute only proposed that
during a recess, when a vacancy should occur, or
an original appointment is to be made for the
first time, the Governor shall fill the vacancy
and make the appointment. |
Mr. DONALDSON said there were but few offices
to which the remarks of the gentleman from
Baltimore city, (Mr. Brent,) would apply, and
to remedy an inconvenience in regard to them, it
was proposed now to put all offices, great and
small, in the hands of the Executive solely. The
amendment indicated by the gentleman from
Baltimore, would enable the Governor to fill all
offices and keep them filled, in despite of the
Senate, whose right of confirmation might become
a nullity if the desire of usurpation and the bold-
ness to usurp existed. He explained this and il-
lustrated it by examples, in this he agreed
with the gentleman from Somerset. And what
was the inconvenience sought to be remedied ?
The present Governor, whether he had a consti-
tutional right to appoint, in the recess of the
Senate, commissioners to take acknowledgments
of deeds, auctioneers and notaries public; on the
ground that no vacancy in any such offices had
occurred during the recess. By law, twenty
auctioneers may be appointed, but it is seldom
that the full number apply, and afterward, du-
ring the recess, some one or two may make ap-
plication. The number of notaries public and of
commissioners to acknowledge deeds is unlimit-
ed, and the necessity for some particular appointment
develops itself during the recess. Now. in
these cases, the practice of all our previous Go-
vernors had been to make such appointments in
the recess, and the practical construction had
been given to the Constitution that vacancies in
such offices had accasioned when the appoint-
ments became necessary. Yet, if there is really
any doubt, let the matter he set right by Act of
Assembly, by which those officers were created.
They were not officers designated in the Consti-
tution, and the Legislature might make rules for
their appointment, consistently .with the old
Constitution, and with the fifteenth section of the
present report on the executive department Mr.
D, said he had no particular objection to the re-
consideration, though he thought it hardly worth
while; but if the section were reconsidered, he
hoped the purpose of the gentleman from Balti-
more might be carried out by an amendment less
comprehensive and dangerous than that which
he had already suggested.
Mr. GRASON remarked that some reference
had been made to the course pursued by him.
He had no recollection of having made any ap-
pointments of commissioners during the recess of
the Senate. He always held the opinion that
the Governor had not the power to make these
appointments during the recess, and he certainly
would not have made an original appointment
after the adjournment of the Senate.
Mr. DONALDSON suggested that if there was
any doubt on the subject, it would be better to
reconsider the section and amend it.
The question "will the Convention re-consider
the vote by which the said thirteenth section was
adopted.?" was then taken, and decided in the
affirmative—ayes 32; noes 44.
So the vote was re-considered.
Mr. BRENT, of Baltimore city, then moved the
following as a substitute for said section;
Sec. 13. In all cases where the Governor has |
