has no power to fill any office which was vacated
during the session, in the recess.
Mr. McLANE contended that where any va-
cancy is found to exist in the recess, the Presi-
ident fills it in the recess.
Mr. CHAMBERS did not mean his remarks to
apply to a certain class of appointments which
come under a new system of laws.
Mr, MCLANE replied that this was the very
class to which this exercise of power bears ref-
erence. The practice of the General Govern-
ment as he had stated it, is in accordance with
a construction put on the power, and sustained
by the ablest statesmen and writers in the United
States, and arises from the necessity of the case,
And it had led to no ill results, but exclusively
to good. And, he asked, why would not gentle-
man profit by the lessons of experience! Why
deny to the Governor of the State, the same pow-
er which the United States Constitution gives to
the President of the United States. Why should
we throw out of our institutions that privilege
which has been found indispensibly necessary in
the administration of the General Government?
Cases of great emergency may arise, and you
deprive the Governor of the power to act as the
necessity of the cases demands, lest a fraud
should be perpetrated. The gentleman from
Kent supposes that under this section an appoint-
ment made in the recess may continue until the
end of the aession,or a new appointment is made.
He presumed the original section did not mean
this, but only until the Senate should appoint.
It was never intended that he should hold to the
end of the session, but only until there is a new
appointment. If there is ambiguity, he was
willing to adopt any language which would re-
move it.
Mr. CHAMBERS repeated what he had before
said, as to the practice under the Constitution of
the United States. Certainly General Jackson in
the plentitiide of his power, had largely advanced
upon any previous practice. But he did not ad-
mit the propriety of his new precedents. He
never did and never could approve the re-ap-
pointment of Mr. GWINN, after his nomination
had been once rejected, and on a second nomina-
tion laid on the table. But a manifest difference
was to be noticed between the condition of the
United States, and the State of Maryland. The
vast extent of the former might require a large
part of a session of Congress, to pass away af-
ter a vacancy had occurred, before a knowledge
of the fact could reach the President. The Sen-
ate may have adjourned in the interim. In that
case, for all pratical purposes, the vacancy did
occur in the recess, that is to say, when the Pre-
sident first became informed of it. In Maryland
such a thing was not to be expected; with the
facilities for rapid communication, it was scarce-
ly possible. But why further discuss this ques-
tion? There was doubt expressed, therefore, he
assumed there was room for doubt. A very few
words would remove it, and make it as plain as
a pike-staff. Why then this unwillingness to
change a letter, a cross or a dot?
64 |
Mr. GRASON and Mr. CHAMBER mutually ex-
plained.
The question was then taken on the amend-
ment of Mr. BRENT, of Baltimore, (as accepted
by Mr. Crisfield.)
No quorum voted.
A long conversation followed on points of
order.
The question was then again taken on the said
amendment.
But no quorum voted.
Mr. PRESSTMAN moved that there be a call of
the Convention.
The motion was not insisted upon, a quorum
having been ascertained to be present.
The question on the amendment was then again
taken, and it was rejected.
The question then recurred on the adoption of
the thirteenth section, as amended.
Mr GRASON offered as a substitute for said sec-
tion, the following:
"Section 13. In case of any vacancy during the
recess of the Senate, in any office which the Go-
vernor has power to fill, he shall appoint some
suitable person to fill said office, whose commis-
sion shall continue in force till the end of the
next session of the Legislature, or until some
other person is appointed to the game office,
whichever shall first occur, and the nomination
of every person thus appointed during the recess
or of any other person in his place, shall be made
to the Senate within thirty days after the next
meeting of the Legislature."
Some conversation passed between Messrs.
CHAMBERS, of Kent, and GRASON, arising out of
a change in the phraseology suggested by the
former gentleman.
The question recurred on the substitute of Mr.
GRASON.
Mr. CHAMBERS, of Kent, moved to amend the
said substitute, by adding the words he had sug-
gested to Mr. GRASON,) as follows:
In the first line, after the word "vacancy,'' in-
sert the words "may happen."
The amendment of Mr, CHAMBERS, by ayes 28,
noes 27, was agreed to.
The question recurred on the adoption of the
substitute of Mr. GRASON.
And it was adopted.
And the section, as amended, was adopted.
Mr. THOMAS, by permission of the Convention,
withdrew the amendment offered by him on Sa-
turday, the 8th instant, to the fifth section of the
report, and substituted the following:
"The State shall be divided into four districts.
Allegany, Washington, Frederick, Carroll and
Baltimore counties, to be the first; St. Mary's,
Charles, Prince George's, Anne Arundel. How-
ard and Montgomery counties, the second; Balti-
more city the third; Harford and the eight coun-
ties on the Eastern Shore, the fourth district."
MOTIONS TO RECONSIDER.
Mr. CHAMBERS, of Kent, gave notice of his in-
tention to move a reconsideration of the twenty-
second rule for the purpose of introducing the fol-
lowing amendment: |
