a knowledge of that fact. The term of office
under the new Constitution will be four instead
of six years as at present, they will necessarily
be contracted two years. He hoped this rabid
progress of reform would have at least some
Bystem in it.
Mr. THOMAS, after reverting to what he had
said, remarked that he had said he sat there pre-
pared to vote for the new appointment or new
election of every officer under the Governor,
where was changed materially that branch of
the government of which he constituted a part.
He had said that the difference in tenure as to
the Senators under the old constitution and the.
new created inseparable obstacles to the con-
tinuing in office of those elected last fall. It
would be seen that there were to be twenty-
two Senators under the new constitution to be
divided into two classes, one class being elected
for two and the other for four years. Under
the old constitution there were twenty-one Sen-
ators, who were divided into three classes.
The Senators of one of these classes were to
hold for two, the Senators of another class for
four, and of the third class for six years. Now,
are we to say that a part of these Senators shall
hold for two or four years, when they were
elected for six? The effect of such aproceeding
would be to set aside the popular will and sub-
stitute for it the will of this Convention. How-
ever, there was another broader ground than all
that in the new duties we proposed to devolve
upon the legislative branch of the government.
We are about to call upon the Legislature to
new model the whole system of law, not only to
digest, but probably to collate and codify them.
We propose that the Legislature shall appoint
commissioners for that purpose. And he would
ask, was it right, when they were about to
change and enlarge the powers of the Legisla-
ture, that we should take from the people the
power to make a new choice of their represent-
atives to one branch of that Legislature, es-
pecially when it is recollected that the people
can with very little inconvenience elect new
Senators at the same time when they elect Dele-
gates to the General Assembly?
If we do not adhere to a general principle
that is to be acted on in all cases when the Con-
vention came to the judiciary branch of the
government, we shall be embarrassed by propo-
sitions to discriminate by selecting one class of
judges to hold over, while another class are to
be dismissed.
In attempts to conform our personal inclina-
tion to what might be considered our public
duty, we shall encounter difficulties. He pre-
ferred to act upon the general principle that
every branch of the government which was new
modeled should be put into operation by new
appointments and new elections.
Mr. DONALDSON said, that in order to test the
sense of the Convention on this question, he
would move to strike out the words "Senators
and," in the first line of the third section, it
seemed to him that the gentleman from Queen
Anne's (Mr. Grason) must have forgotten that
the term of the new Senators was to be four |
years instead of six, as under the present con-
stitution. The gentleman from Frederick (Mr.
Thomas) had argued that we had no right to
change the tenure of the Senators elected, by
shortening their terms in the least; yet that
gentleman is in favor of entirely displacing them
by the adoption of this constitution. If we have
the power by our action, when sanctioned by
the people, to deprive the Senators elected of
the. whole term for which they were elected, it
surely follows that we may deprive them of part
of the term. The arrangement may easily be
made, by which the proper rotation can be pro-
duced, if the disposition to make it exists. In
regard to the Senators last chosen, he would
call to mind that they received the suffrages of
the people of the counties after the Convention
was called, and after the election of the mem-
bers of the Convention had taken place. They
were elected for six years, and we may well
suppose them to have been selected with spe-
cial reference to the duties they might have to
perform in carrying out the legislation required
by the adoption of a new constitution. We are
bound to presume that these Senators are com-
petent to fulfil their duties, and that they accu-
rately represent the wishes and interests of
their constituents, from whom they have freshly
come. Is there any reason to suppose that a
new election would insure an abler representa-
tion? And is there any good ground for requir-
ing a new canvass to be gone through) with all
the expense and excitement which would be
the inevitable result? He could see no sound
objection to such a plan as he had suggested,
and he hoped that his amendment would pre-
vail. If it did, he would then propose such a
classification of the present Senate as would ef-
fect the purpose desired, unless some other gen-
tleman would, by anticipation, relieve him from
the duty.
Mr. HOWARD demanded the yeas and nays,
which were ordered and taken, and were as
follows:
Affirmative—Messrs. Chapman, President, Mor-
gan, Blakiston, Hopewell, Ricaud, Chambers,
of Kent, Donaldson, Dorsey, Wells, Randall, of
Kent, Jenifer, Dickinson, Sherwood, of Talbot,
John Dennis, James U. Dennis, Dashiell, Wil-
liams, Hodson, Phelps, Bowie, Tuck, Sprigg,
Wright, Dirrickson, McMaster, Hearn, Jacobs,
Gaither, Biser, Annan, Sappington, Stephen-
son, McHenry, Magraw, Nelson, Carter, Thaw-
ley, Fiery, John Newcomer, Davis, Kilgour and
Waters—43.
Negative—Messrs. Howard, Buchanan, Bell,
Welch, Colston, McCullough, Grason, Thomas,
Shriver, Stewart, of Caroline, Gwinn, Stewart,
of Baltimore city, Brent, of Baltimore city,
Sherwood, of Baltimore city, Ware, Michael
Newcomer, Anderson, Hollyday, Slicer, Fitz-
patrick, Smith and Shower—22.
So the amendment was adopted.
Mr. SELLMAN, when his name was called on
the yeas and nays just taken, asked to be ex-
cused from voting on the amendment, which
was agreed to.
Mr. BOWLING, when his name was called on |
