the power by the Constitution or laws, to make
any appointment to office, or in case any vacancy
shall occur during the recess of the Senate, in
any office to which the Governor has the power
of appointment, he shall have the 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, whichever shall first
occur."
The substitute having been read.
Mr. CRISFIELD said, that before the question
was taken upon it, he believed it would be in or-
der to perfect the original proposition.
The PRESIDENT, (pro tem.,) assented.
Mr. CRISFIELD then moved to amend the origi-
nal thirteenth section by adding at the end there-
of, the following:
"And the Governor may in the recess of the
Senate, appoint and commission, subject to the
limitations aforesaid, an additional number of
such officers as are authorised by any law exist-
ing at the time of the appointment, which in its
terms do not limit the number of such class of
officers or of which the number limited has not
been filled "
Mr. BRENT, of Baltimore city, said, it seemed
to him that the amendment was the same as his
own.
Mr. CHAMBERS, of Kent, (addressing himself to
Mr, BRENT, of Baltimore city,) enquired, wheth-
er the gentleman was not satisfied that, under the
language of his amendment, the Executive officer
might forbear to make appointments. He, (Mr.
C.,) did not know that any Governor would be
guilty of such misconduct, but did the amend-
ment of the gentleman from Baltimore city, [Mr.
Brent,] guard against it ? If the the amendment
of the gentleman from Somerset, [Mr. Crisfield,]
met this objection, why did not the gentleman
from Baltimore city also guard against it?
Mr. BRENT, of Baltimore city. Let the amend-
ment of the gentleman from Somerset, [Mr.
Crisfield,] be again read.
The amendment having been again read—
Some explanations as to its object and effect
followed, on the part of Messrs. MCLANE, CRIS-
FIELD, and CHAMBERS, of Kent.
Mr. HOWARD suggested that the object of the
amendment of the gentleman from Somerset,
[Mr. Crisfield,] was reached by the twelfth sec-
tion which had been adopted.
Some conversation followed on a point of or-
der, between Mr. SPENCER and the PRESIDENT
[pro tem.]
Mr. SPENCER said, he should be compelled to
vote against the section altogether, because, if
amended as proposed by the gentleman from
Somerset, [Mr. Crisfield.] if the Governor were
to discharge his duty and were to make a nomi-
nation to the Senate within one calendar month |
after the commencement of the session, and the
Senate should happen not to confirm the appoint-
ment, or should postpore action on the nomina-
tion,—no matter how important it might be that
the office should be filled—there would be a va-
cancy.
Mr. CRISFIELD desired to ask the gentleman
from Queen Anne's, [Mr. Spencer,] a question.
Was not the section as amended, on his [Mr. C.'s]
own motion, so far as the commentary of the
gentleman was now concerned, in the same words
as those of the existing Constitution ?
Mr, SPENCER replied in the affirmative.
Mr. CRISFIELD enquired then, whether any
such difficulty as that to which the gentleman
referred had ever existed under the present Con-
stitution ?
Mr. SPENCER said, he had listened to the ques-
tion with proper respect, as he always should to
any enquiry which gentlemen might think proper
to submit to him, in reference to any remarks
he might make. But, in reply to the en-
quiry of the gentleman, he, [Mr. S.,] would ask,
whether any man could have contemplated that
ten years ago, the Legislature would have viola-
ted its imperative and sworn duty so far as to
fail during the whole session to elect a Senator
of the United States? And now when he, [Mr.
S ,] pointed out a defect in the proposition which
might lead to serious difficulty, the gentleman
met his objection by asking him whether this was
not a copy of the provision of the old Constitu-
tion, He, [Mr. S.,] was not to wait until such a
case had arisen. If he could see any contingen-
cy in which a difficulty might arise, it surely was
right and proper that the Convention should pro-
vide against it. He did say with all respect to
the proposition and to the mover of it, that it
did not place things in a better condition than
that in which they were under the provision as
reported from the committee. On the contrary,
he thought it was worse.
Mr. CRISFIELD explained the object and oper-
ation of his amendment.
Mr. BRENT, of Baltimore city, moved as a sub-
stitute for said amendment, the following, to come .
in at the end of said thirteenth section:
"And in all cases whereby existing laws or any
law hereafter to be passed, there are appointments
to be made according to the discretion of the Go-
vernor, with or without limit as to number, then
in such case, the Governor may in the recess of
the Senate, grant temporary commissions as
aforesaid."
Mr. BRENT said, this amendment would meet
all the difficulties which had been suggested,
Mr, CRISFIELD said, that so far as he could un-
derstand the amendment from merely hearing it
read, he had no objection to it. He would ask
that the amendment, as now offered by the gen-
tleman from Baltimore city, (Mr. Brent,) and the
whole section might be again read.
They were accordingly read, whereupon
Mr. CRISFIELD said he would accept the amend-
ment of Mr. BRENT, as a substitute for his own
proposition. " |
