Mr. BROWN thought not. He would remark,
that if a Convention was not called in 1860, as
provided for by the amendment of the gentleman
from Queen Anne's, (Mr. Spencer,) there could
not be a Convention, at any rate, till 1870, at
which lime the relative power of the city of
Baltimore, in regard to the rest of the State,
would have changed. She had already four
more representatives than the largest populated
county in the State. But, suppose there should
be no Convention till 1880, then by this amend-
ment the basis of the Convention, if called, would
be altered for the then representation of the two
Houses of the Legislature.
Mr. GWINN observed that his objections were
radical objections, which could not be altered by
a change of phraseology. He denied that this
Convention had the power or right to declare
what basis should be adopted by the next Convention.
You could not dictate or instruct a Le-
gislature to be held ten years hence; and, if he
was to be a member of it, he should no more re-
gard the command than if it was so much waste
paper.
Mr. THOMAS said, the gentleman from Prince
George's, [Mr. Bowie ] had declared that he
could see no possible difference between the pro-
position pending and the other decided by the
Convention.
Now, he, [Mr. T.,] thought there was a distinc-
tion in favor of the one yet to be acted on. There
was a difference. This article we proposed to
incorporate, would harmonise with another im-
portant section already adopted. That article
declared that no money shall be taken from the
State treasury except by an appropriation made
by law. He did not pretend to give the precise
language of it. One of his objections to the sub-
stitute of the gentleman from Baltimore, [Mr.
Brent.] had had its origin in the fact that it pro-
posed to authorise the Governor of Maryland to
lake money from the treasury. The Governor
was nothing but an individual citizen, clothed
temporarily with certain authority. He was
no wiser, no more patriotic by being clothed with
authority than when he went into office. He
would not give power of that character to an in-
dividual in or out of office, ,
When they were going to the State treasury,
and to appropriate the money of the State, surely
it was the representatives of the people alone
that could touch the people's funds. So cautious
and circumspect were the Convention in that re-
spect, that they had adopted an article forbidding
the Governor to enter into a contract to pay fees
to counsel whom he might employ to protect the
interest of the State. They could not allow the
Governor of Maryland to appropriate the sum of
five hundred dollars to enable him to pay coun-
sel fees for extra assistance to the Attorney Gene-
ral; and had made it his duty, in certain emer-
gencies, to call in the aid of counsel, but the
counsel so employed were to be paid by the Legis-
lature. He, [Mr. T.,] was not present when that
article was adopted. If present, he would have
voted in the majority. Now, in reference to the
two propositions, so far as regards the great ques-
tion of popular rights, he could not for the soul |
of him see any distinction between them. If this
Convention, in the Constitution, made it the duty
of the Governor of Maryland to take the sense of
the people—whether be liked it or not—he would
discharge the duty desired at his hands. He,
[Mr, T .] had no fears of that. But could we
suppose that the House and the Senate would be
more recreant to their duty than the chief magis-
trate himself? If the Legislature was not to be
trusted, who was to be trusted? He would not
make it discretionary in the House, or the two
Houses of the General Assembly, as to taking
the sense of the people—he would make it impera-
tive upon them.
These were some of the reasons why he preferred
the last proposition to the first. He went
heart and hand in favor of the proposition for ta-
king the sense of the people periodically, whether
in ten or twenty years—but he preferred ten ;
but he greatly preferred to make the Legislature
the agents, that they might pars all the laws re-
quired for the execution of such a trust.
And then in pursuance of the order heretofore
adopted, the Convention took a recess until four
o'clock, p. m.
EVENING SESSIONS.
FOUR O'CLOCK, P. M.
The Convention met,
And on calling the roll, it being ascertained
that a quorum was not present,
Mr. SPRIGG, at ten minutes past four o'clock
moved the Convention adjourn,
And that the question be taken by yeas and
nays.
The yeas and nays were ordered and appeared
as follows:
Affirmative—Messrs. Chapman, Pres't, Donald-
son, Randall, Sprigg and Neill—5.
Negative—Messrs. Blakistone, Ricaud, Dor-
sey, Sellman, Howard, Welch, Ridgely, Sher-
wood of Talbot, Colston, John Dennis, James U.
Dennis, Dashiell. Hicks, Hodson, Eccleston, McCullough,
George, McMaster, Hearn, Biser, An-
nan, Stephenson, McHenry, Magraw, Nelson,
Carter, Thawley, Brent of Baltimore city, Sher-
wood of Baltimore city, Ware, Schley, Fiery,
John Newcomer, Michael Newcomer, Davis.
Waters, Anderson, Weber, Slicer, Fitzpatrick,
Smith, Shower and Brown—43.
So the Convention refused to adjourn.
Mr. BRENT, of Baltimore city, moved the Ser-
geant-at-Arms be sent with the mace after the
absent members in the city to enforce their at-
tendance.
On motion of Mr. BLAKISTONE,
The Convention was called.
On motion of Mr. JOHN NEWCOMER,
Further proceedings under the call was dispensed
with.
Mr RICAUD submitted the following resolu-
tion:
Resolved, That this Convention will hereafter
sit from ten o'clock, a. m., until four o'clock, p.m.
Which was read. |
