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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 732   View pdf image
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732
er to the county commissioners to allow what
extra compensation they please, to the county
clerk, and he possesses a winning address, they
cannot say what will be his allowance. It re-
quires a man acquainted with the subject to re-
gulate the fees, and these county commissioners
are not learned on the subject, and thus they will
be under all these influences and applications in
fixing the allowances. The Legislature are
strangers, and let them have the arrangement of
this matter and not the county authorities. I
am afraid the gentleman's proposition would have
a very mischievous effect—that is my humble
judgment. I will not. vote for the proposition,
coupled as it is. I would prefer that the Legisla-
ture should take the whole subject into their own
hands.
Some gentlemen think that the proposition to
give these officers $2,500 a year is not economi-
cal enough. When you provide that the salary
shall not exceed $2,500, you do not make it im-
perative upon the Legislature to give that sum.
They can put it at $1,500 or $500. This limita-
tion ought not to influence votes one way or the
other.
Some of these officers may have as subordi-
nates their sons, nephews, or other personal re-
lations, and it may obtain for them, under the
influence of the kindest feelings, and best mo-
tives, a very large compensation, even above the
amount of services they may have rendered.
Therefore, in fixing these salaries, we should
leave it to strangers, not to those who are in con-
stant intercourse with the office every hour, and
who have perhaps been elected with him, and
have co-operated with him. I cannot vote for
the proposition.
Mr. MERRICK. The gentleman and myself
differ on this subject widely. It is obvious to the
Convention that this power must be lodged some-
where. There is a difference in the amount of
labor to be performed by the different officers in
different parts of the State. In some counties
large allowances should be made, and in others
small allowances, for that particular service.
You propose to give them all an equal amount of
compensation Then the power to judge of the
amount of these allowances should be lodged
somewhere. The question is, where will you
lodge it? The gentleman from Frederick says,
that it is not expedient to lodge this power with
the local authorities, because they will have com-
mon sympathies, having been elected by the same
people, and under the same sympathies, and
therefore he says this power ought to be left to
strangers, to the Legislature. What will be the
practical effect of bringing this subject into the
Legislature ? Let gentlemen look at that. Do
you get clear of this sympathy by referring the
settlement of these allowances 'to the Legisla-
ture?
Does not every man know that it would be the
voice of the delegates from the county which
would control the Legislature in fixing the amount
of compensation ? And the sympathies of the
delegates elected will be just as strong, just as
necessarily connected with the functionary of
the county, as the sympathies of the local autho-
rities. Will not the delegates to be elected de-
pend as much upon his popularity and influence
for support at their election, as the county com-
missioners? Will not the sympathies be just as
strong with him, and stronger, for the reason that
the delegate returns at short intervals to the peo-
ple, and will need the influence of this officer
oftener ? The commissioners of the county serve
for a longer term, and therefore have more inde-
pendence from the influence of these men. Be-
sides, they are a more numerous body than the
delegates from a county; they are responsible to
the people, and if they should exercise favoritism
to a particular functionary, will it not rise up in
judgment against them, before the people? They,
too, are to be burdened with taxes. They will
have to pay the allowances out of their own
pockets, as well as the delegates to the Legisla-
ture. They, therefore, have a direct interest to
keep the compensation down to a reasonable and
proper sum.
There is another reason why these allowances
should be made by the county commissioners.—
it is their duty, as local authorities, to superin-
tend and see to the manner in which the func-
tions of these offices are performed. It is their
duty to attend to the local business, and they
have a peculiar knowledge of what is done, and
how it is done, and they can judge much more
accurately what amount of compensation is
to be required than any other person whatsoever.
What knowledge will the Legislature have of
the amount of labor to be done in Charles coun-
ty? None at all, except the delegates from that
county; and in fixing these allowances the Leg-
islature would have to be under the influence of
these delegates, only two in number. Is it not
better for the people of the whole State that the
local authorities or county commissioners should
judge of these questions, rather than the Legis-
lature, who are total strangers to all the facts,
except through the two delegates?
Again; the members of a Legislature coming
from a county, very often do not themselves
know precisely the mode, manner, and amount
of business done in these offices. Some of them
have nothing to do with these officers, and know
not how the business is transacted. The county
commissioners have to be on the spot frequently
through the whole year, and it is their especial
duty to look after the manner in which this duty
is done, and what amount of duty is to be done.
They will have to inquire into and determine,
under the obligations of an oath, and their duty to
the people, what is a proper allowance to he made
for this extra amount of services. We must
leave this to some tribunal. The question is,
which is the best under all the circumstances,
to decide upon the allowances to be made, and
it is for the judgment of the House to determine
whether the county commissioners are more to
be relied upon than the Legislature, who being
entire strangers, will know nothing of the facts
in which they are to pronounce judgment.
Mr. JOHNSON. I rose to call a division of the


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 732   View pdf image
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  << PREVIOUS  NEXT >>


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