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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 12   View pdf image
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12
in this State, showing the per diem of the judges
and clerks, &c. Why should there be a differ-
ence among gentlemen here? And why should
the prosecuting attorneys he elected at the spring
elections? He would say with his friend from
Anne Arundel, that men may remain in office
too long; but why not let these officers come in
at the same time with the judges? Why change
the time? He [Mr. B ] preferred that it should
remain as it was reported by the committee.—
The next spring was too long, and October was
about the right time. He was unwilling to bur-
den the people with frequent elections, espe-
cially in matters so small as those relating to
prosecuting attorneys. He hoped that the Con-
vention would vote down all the pending propo-
sitions on the subject, and support the one embraced
in the bill.
Mr. JENIFER considered the fixing of the day
of election as particularly important to gentle-
men who reside in the country. A time should
be selected that would not be inconvenient to
them. He would suggest to the gentleman from
Queen Anne's, to make the period such as not to
incommode the grain growers, the planters and
others having their crops to look after. He be-
lieved the month of May would not be a conveni-
ent or favorable time.
He was of opinion that the election for State's
Attorneys, should not take place until after the
meeting of the next Legislature; thus affording
this body an opportunity of regulating the fees of
office, and carrying out other provisions of the
new Constitution. Surely gentlemen need not
be afraid to trust that limited power where it
now rests, until that period. He could speak for
himself and say that if all the appointments made
by the new Attorney General were of a similar
character as that in his county, he was willing
to postpone to a still longer period.
Mr. J. believed next to the late District At-
torney, whose ability and zeal in the discharge of
his duties, made all regret that he should have
been displaced, no member of the bar could hare
been selected, whose appointment would rive
greater satisfaction than his successor. Let the
election take place after the meeting of the Legis-
lature, and at the time of other elections, thus
saving trouble and expense in the election of
those officers.
Mr. CHAMBERS understood the previous action
of the Convention to have decided this question.
They had by a former vote determined to have
an election for State officers, on a different day
from that of the presidential election. Though
both elections were for political officers, it had
been resolved not to mix up State politics and
national politics in the same election. There
certainly could be no less propriety in separating
an election for party politicians, from an election
for judicial officers. But if it must take place on
the day of electing political officers for the State,
or on the day of the presidential election, why
should the former be preferred ? With which
party were these officers—States Attorneys—
most likely to be closely connected—that which
had respect to State and county officers, or that
which related to the President ? Why every body
must admit that party politics were more rife and
political excitement and political combinations
greater on the day of State elections. The per-
sonal interest added to political feeling would
necessarily produce that result. He should vote
on this question with much interest, because he
desired to see every election for an officer in any
degree connected with the administration of the
law, every incident to the judiciary, conducted
so as to avoid the influence of party politics To
anticipate the State election by a very few days,
did not seem to afford the smallest prospect of
effecting his purpose. The heated passions, the
excited feelings, the party animosities and preju-
dices, or the violations of moral purity, were not
the creations of the day of the election. These
were brought about by primary meetings, nomi-
nations, addresses to the voters and all the vari-
ous exciting machinery employed during the
canvass.
The proposition now made was said to be in-
tended to avoid these objectionable accompanyments
of a political election, and to select a time
when the passions and excitement produced by
them shall have passed away. This was certain-
ly most desirable, but he suggested that the ob-
ject would be more effectually accomplished by
putting this period further from that of any polit-
ical election, say in the spring or early part of the
summer. It was our duty as far as legislation
could accomplish such an object, to keep every
thing connected with the judiciary free from any
influence or control of party political feeling.
The expense to a county of a separate election,
would be admirably devoted, if it accomplished
such a purpose in any considerable degree. He
had on a former occasion urged the propriety of
holding the election for all political officers on
one and the same day, for one reason amongst
others, that it would avoid unnecessary expense.
The Convention then did not regard the expense
as a consideration of sufficient importance to
out-weigh certain political advantages. How
much less then ought the expense to be consider-
ed as an objection sufficient to resist the manifest
advantages growing out of a separation of the
administration of justice from all injurious influ-
ence of party politics and other disturbing mo-
tives.
He supposed it was scarcely to be expected that
the first election could be held at so early a day
as had been suggested by the gentleman from
Anne Arundel. He supposed it impossible that
the new Constitution, if adopted, could go into
operation before the termination of the next suc-
ceeding session of the Legislature. We are en-
acting general principles and rules. We are now
laying a foundation. This was the legitimate
character and office of a Constitution. But it
must be manifest that these general principles
must be developed into detail by legislative en-
actments in correspondence to then). The prac-
tical machinery must be supplied by the Legisla-
ture. He had not supposed there was an indi-
vidual within these walls who contemplated the
possibility of providing the necessary details to
the principles of the new Constitution until at


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 12   View pdf image
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