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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 406   View pdf image
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406
—the effect that the proper management of the
public works would have upon the prosperity of
the citizens of Maryland, entitled this subject to
a serious consideration, and a place among the
provisions of the new Constitution. It was said
that leaving the election of these commissioners
to the people would create more political excite-
ment and therefore, it was argued that they
ought not to be entrusted with the power. Now
he had no fears on that subject. The people
were just as able—nay, more able to select proper
officers to manage their interests than their
agents in the legislature were able to select for
them.
Take them as a mass, and they were more honest
and felt a deeper interest in these things, al-
though of course, he imputed nothing to any gen-
tleman who had been a member of that body.
But if the fact, that by electing these officers po-
litical excitement would be created, was an ar-
gument against their election, he would ask
whether the same argument might not apply to
the election of every officer under our govern-
ment?
Certainly it would, for the election of each one
creates excitement, and hence he supposed the
inference would be, that none of them ought to
be elected. Gentlemen were certainly not pre-
pared to go that far, yet it was the legitimate
conclusion to be drawn from their argument.—
The people could be trusted in the matter. Judg-
ing from elections of a character much more ex-
citable than he thought these would be, no dan-
ger whatever need be apprehended. We had
long since become used to the excitement, confusion
and turmoil of elections, and they had so
little weight against elections with him, that in
his humble judgment there was no class of pub-
lic officers that should not be elected by the
people.
But it was also said, that these officers would
be elected by politicians—their election would
depend upon their politics, and it would be made
strictly a party matter. Now, he would ask if it
was worth while to answer that argument, when
it was well known that the legislature was as
much governed by party feeling as the people
ever were. and he supposed unless this proposi-
tion passed, that the legislature by a concurrent
vote of both Houses, would still continue lo elect
the State's agents.
If party is to be divided, the system now in
operation, must be changed. Who that wished
to avoid it, would not sooner have these officers
elected by the people than by the bitter partisans
and political wire-workers of the General Assem-
bly? The people were much more conservative
in politics than their law-makers, and much less
liable to use power for party purposes. Now he
was somewhat surprised at the remarks which
had been made by his colleague, [Mr. Schley.]
As a political man. he [Mr. H.,] had no feeling
on this subject. He was a member of the democratic
party, but really did not look upon this
question in a political point of view. No one
acquainted with the history of legislation for our
internal improvements, but knew that party feel
ing had its influence in the Legislature, and that
influence had been used for the furtherance of
party purposes. But the proposition of the gen-
tleman from Frederick county did not look to
party purposes as he had, when up before, en-
deavored to show, and if adopted, would neither
give the whigs or democrats the ascendancy.
There would be a balance of power with the
Treasurer to decide between them, and he was
about as likely to he on the one side as the other.
If that officer was elected by the Legislature, the
chances for the whigs would, in his opinion, pre-
ponderate, for even under the new apportion-
ment, they would generally have a majority on
joint ballot. That gentleman also found fault
because, in case of a tie between two candidates
for the office of Commissioner in the same dis-
trict, the Governor had power to commission
either one, and if he doubted the result or legal-
ity of an election, was empowered to give the
whole subject over to the House of Delegates.
Was there any thing wrong in that? If the Go-
vernor entertained doubts, they would not be
mere whims of fancy, but doubts founded on
solid and substantial reasons, and certainly it
would be well in such cases to let the matter go
to the popular branch of the General Assembly.
and they could investigate, hear testimony, and
determine the rights of parlies. There was no
danger to apprehend an abuse of this power by
the Executive. A century might pass before an
instance would occur, and when it did, if it were
not a very plain one, he would no doubt, very
willingly turn it over to that branch of the Legis-
lature contemplated. He confessed that if the
objection had any force, he could not perceive it.
His colleague bad been pleased to say that his
(Mr. H's.,) remarks were intended "for effect
elsewhere.'' In thus speaking, injustice was
done him, and that gentleman had taken upon
himself the prerogative of sitting in judgment on
his motives. In reply, he would say that those
gentlemen "who live in glass houses ought not to
throw stones." He was perfectly willing that the
people and the Convention should judge between
himself and his colleague, and say which one
was most likely to be influenced by improper mo-
tives, that gentleman who holds an office under
the present State's agents, or himself, holding
none. He did not fear the issue, come when it
might.
Mr. SCHLEY observed that his colleague from
Washington (Mr. Harbine,) had misunderstood
him. That gentleman, in the course of his re-
marks, had alluded to what had taken place in
discussion before the people of Washington
county, in regard to the election of all officers by
the people. In the remarks which he (Mr. T.,)
had submitted, he had said nothing on this sub-
ject. It had been introduced by his colleague,
and had no reference, in his judgment, to the
subject now under consideration, as these agents
were officers unknown to the Constitution, and
therefore not embraced by the term officers. He
could, therefore, imagine no reason for its intro-
duction into this discussion, unless designed for
"effect elsewhere," and by that phrase, he meant
that he supposed the object of his colleague had
been to create an issue between him (Mr. S.,)


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 406   View pdf image
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  << PREVIOUS  NEXT >>


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