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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 401   View pdf image
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401
little, and if the amount be once fixed in the
Constitution, it must stay there until that Constitution
would be changed, which certainly would not
be soon, and perhaps not for half a century. In
the mean while circumstances might entirely
change, and the duties of these officers dwindle
down to nothing, or increase to an extent not
dreamed of now. But let the Legislature determine
the matter, and if the sum they give he
too high, they can be made to lower it, and if
too low, or additional duties be prescribed, they
can make it. higher, thus proportioning the salary
with the labour. That was the true principle,
but it was impossible lor this Convention to car-
ry it into effect in such a case as the present.
Some gentleman thought that because these
commissioners were to be elected by the people,
and would likely he nominated by their respec-
tive parties, and canvass their districts, that the
Legislature would give them high salaries. He
did not believe such would be the result. Certainly
it was not necessarily so. It could scarce-
ly be supposed that the Legislature would reward
a person in proportion to what the cost and trouble
of his election had been, but in proportion to the
labor he hail to perform in the discharge of his official
duties. Any other doctrine he held to be wrong,
because if parties see fit to canvass and spend
money to secure their own election, it was their
own fault. Such things certainly ought not to be
encouraged by any law-making body. Much
better would it be for the people, if they were
less practiced, and all without solicitation or hin-
drance, would cast their votes for whom they
pleased. Should, however, some additional com-
pensation be made over that at present paid the
State's agents, he did not doubt that the people
would receive much more than an adequate benefit
by the change.
It was true that the duties of these commis-
sioners were not very specifically set forth. They
were to supervise all public works in which the
State was interested as creditor or stockholder,
to represent the State at the stockholder meet-
ings, "and perform such other duties as may be
prescribed by law." That it seemed to him was
sufficiently explicit. It must be recollected that
we were now making a Constititution, not a set
of laws, and in doing this all that would be re-
quired, is to give the outline, the general principle,
leaving all retail to the Legislature We
have designated the purpose and general duties
of these commissioners. With their particular
duties we could not deal, unless we would turn
our Constitution into a statute book, and could
foresee all contingencies that would hereafter
arise. No officer under the Constitution would
have all his duties set forth in it, and the provi-
sion in this case was as specific as in most others.
Their duties are supervisory, and being merely
the agents of the State, although they will not
be able directly to control any of our great inter-
nal improvements, yet where the State has a ma-
jority of the stock, as in the case of the Chesapeake
and Ohio canal company, they can do so indi-
rectly. They cannot go upon that work and say
things must be done thus and so, but they can
51
elect a President and Directors pledged to carry
out their wishes, and if they fail indoing so, can
replace them by others who will. In other com-
panies where the State stock is not paramount,
they will of course only exert a control pro tan-
to. Where the State's interest was paramount, voting
for these commissioners, was like voting
for the electors for President and Vice President
of the United States.
The people did not elect the President and
Vice President, but they elected those who did
elect them, and that was the same thing in effect.
These high functionaries were first committed
upon the various leading measures of public pol-
icy, and the electors were pledged to vote for
them, and by this means the will of the people
controlled the administration of the government
almost as certainly as though the vote were di-
rect. Precisely so it could be with reward to
those persons now under discussion. Gentle-
men who preceded him in this debate, had well
said that these were most important officers to
the people of this State. Upon them might de-
pend the productiveness or non-productiveness of
seven millions of stock in the Chesapeake and
Ohio Canal, and of millions in other works of
internal improvements. By proper management
on their part, our tax-ridden citizens might bi-
fore many years be relieved, and Maryland made
more prosperous. Their power for weal or woe,
was immense, and he held it a cardinal princi-
ple, that particularly such officers, ought to be
elected by, and held directly responsible to tin-
people. There was a great principle involved
in this matter of electing officers directly by
those who bear the burdens of the government,
and keep its wheels in motion. It made them
more responsible, and therefore more attentive
and prompt in the discharge of their duties. No
argument could be used in favor of electing any
officer under our government, from the Governor
to the magistrate or constable, that did not apply
to these commissioners. He thought it was the
public opinion in this State that all officers, as
far as practicable, were to be elected by the peo-
ple and held amenable and accountable to them.
That principle during his canvass for a seat in
this Convention, he had insisted upon and never
heard any objection to it, except perhaps from
a few, who doubted the expediency of electing
judges, considering them as aspecial class, hold-
ing life and death in their hands. That was his
view of the sentiments of the people whom he
in part represented, hut he spoke only for him-
self. But the great principle had been admitted
everywhere, and not as he thought without the
best of reasons—the faithful discharge of the
duties of all office-holders. He intended nothing
against those now in power, but was speaking of
the general principle. It was natural that per-
sons removed farthest from, should feel least
responsibility to the people, and for the simple
reason, that they were under less obligations to
them. Now, how was it with the class of offi-
cers under consideration? Why the people elec-
ted the members of the Legislature, and the


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 401   View pdf image
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  << PREVIOUS  NEXT >>


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