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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 419   View pdf image
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419
ter session when Congress was in session. They
deserved a high rate of compensation, because
there was rare talent required in their profession,
and it was the result of great labor and experi-
ence. In measuring the compensation they must
not look to see what they themselves would do
it for, but the inquiry was this, what were simi-
lar services worth and how were such services
usually compensated? This was the rule adopted
by the Court of Appeals. The compensation
they had adopted for this gentleman was, he be-
lieved, at the same rate he would have received
from Congress, and that reporters usually receive
for Congressional reporting. It bad been said
that Mr. Agg received twenty-five dollars a week.
He should like some gentleman to rise up then
and say so. He had known that gentleman many
years—he knew him to be almost intelligent and
competent reporter, and he undertook to say,
without knowing anything about it, unless some
gentleman was better informed, that he never had
consented to serve for twenty-five dollars a week.
Mr. SMITH rose for the purpose of explaining
his position. He, for one, in the onset, opposed
most strenuously the employment of a reporter.
He thought, then, that it would add seriously to
the expense as well to the duration of the Con-
vention. He was now thoroughly convinced of
the fact. He had no doubt that if this Conven-
tion had proceeded without a reporter, they
would long since have been quietly at their
homes. If they would examine the journal, they
would find upon page seventy, that they com-
menced the discussion on the subject of report-
ing, and it was continued from day to day, at
times with a good deal of animation, up to the
197th page. it was then predicted by several
gentlemen who took part in the discussion, that
this very state of things which now existed
would come to pass. He assured a number of
gentlemen, in private intercourse, that the same
thing would arise here, which had arisen" in al-
most every body where a reporter had been em-
ployed—that they would come in and claim ex-
tra compensation. He further predicted that
when that period should arrive, many gentlemen
who were most strenuously in favor of the repor-
ting, would be found upon the opposite side, while
many gentlemen, like himself, who at first op-
posed, would be found sustaining the reporter.
He had then, and had now, entire and perfect
confidence in the Committee, who had charge of
the subject. He believed they made a fair con-
tract; but he felt it was incumbent upon that
committee, to have carried it out, and to have
attended to all these matters throughout, and
whenever either deviated from the terms of the
contract they ought to have been arrested, or
informed that if they did so, it: would be at their
peril. He believed that this Convention had
been detained perhaps some six weeks longer
than they would have been, had they not em-
ployed a reporter, and at an expense of thousands,
and he attributed the whole matter to the efforts
of the gentleman from Baltimore city, (Mr.
Stewart,) who first introduced the proposition.
It was voted down by a decided vote, and at a
very early period, and there ought to have quiet-
ly slept, but the gentleman from Charles, [Mr.
Jenifer,] in connexion with the gentleman from
Baltimore city, pressed this matter from time to
time, until they obtained a reconsideration. Then
being the chairman of the committee, he thought
that the gentleman from Baltimore city was the
responsible man in the committee—was respon-
sible for any and every violation of the contract.
He, (Mr. Smith,) found that on the 34th of
March the reporter informed the House, by let-
ter, that on the fifth of April his fund would he
expended, and he requested an early answer to
his application. Very soon afterwards & report
was made. After very little discussion a vote
was had, and a very decided one in favor of the
report of the committee. Here then was a re-
newal of the contract, and a verification of the
prediction that extra compensation would be
asked. At that time they would find his name
recorded in the affirmative, in favor of the pro.
position to give the reporter an additional sum
of two thousand dollars. He found a number of
gentlemen who at first voted in favor of employ-
ing the reporter, and amongst them the name of
two of his own colleagues, (Messrs. Holliday
and Fitzpatrick,) [for at that time he acted in
concert with the other two,] recorded now in
the negative.
Thus the very prediction that he then made
that many gentlemen who voted on one side at that
time, would he the opposite, was verified by the
vote of his colleague, who voted against himself.
Although decidedly opposed to the reporting in
the first instance, Mr, S. thought it an act of folly
in the extreme, to arrest it at this stage; the work
would be incomplete. One of the most impor-
tant subjects—Judiciary— not yet discussed, it
will not cost, except by protracting the sessions,
more than was first estimated by the friends of
the measure, and he sincerely regretted his two
colleagues, [Messrs. Holliday and Fitzpatrick,]
were not found sustaining the reporter, as they
did in the first instance.
It was contemplated, when the contract was
entered into, the Convention would terminate
about the 15th of March. Now we are in the
month of April, and no gentleman of this Con-
vention expects to get through before the 10th of
May. I hope the proposition to reconsider will
not prevail.
Mr. CHAMBERS said he thought it proper the
Convention should recall to their recollection the
facts in the case. We had commenced under a
contract, such as has been stated. We were all
entirely without experience as to the details of
labor, price, amount of force required, and above
all, without knowing what was to be the effect
of sketching, or condensing speeches, into a com-
pass of one-fifth of their natural dimensions. It
so happened, that amongst the first of my
speeches was one, which was intended for alegal
or rather a constitutional argument. The repor-
ter made no pretension to legal learning, and had
never, in his life, read the first line of our Con-
stitution. it was no part of his education, or his
occupation. Well, in this condition, he is to


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 419   View pdf image
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