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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 814   View pdf image
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814
ton, Stephenson, McHenry, Nelson, Carter,
Gwinn, Brent of Baltimore city, Sherwood of
Balt. city, Fiery; Brewer, Weber, Smith, Parke,
Ege, and Cockey—27.
So the article was laid on the table.
On motion of Mr. HOWARD,
The Convention took up for consideration the
report submitted by him on the 26th of April,
as chairman of the committee on the militia, as
follows:
SEC. It shall be the duty of the Legislature
to pass laws for the enrollment of the militia,
to provide for re-districting the State into di-
visions, brigades, &c., to pass laws for the effec-
tual encouragement of volunteer corps, either
by the payment of an annual sum not exceeding
one dollar to every member of a company reg-
ularly mustered and reported to the Adjutant
General, or by some other mode which may induce
the formation and continuance of at least
one volunteer company in every county, and di-
vision in the city of Baltimore.
Mr. HOWARD said that this section would
leave the great mass of the militia as they were
now. It was founded upon the principle that it
was of great consequence to the State to preserve
in existence the volunteer corps. There was
not one in existence out of the city of Baltimore;
and in that city they were fast tumbling to
pieces. This corps was the only efficient police
in times of trouble, and it was proposed to en-
courage its formation and continuance.
Mr. H. proceeded to narrate several instances
within his own personal knowledge, in which
this force had been efficient in suppressing tu-
mults.
Mr. SHRIVER offered as a substitute for said
report the following:
"It shall be the duty of the Legislature to pass
laws far the enrollment of the militia, to pro-
vide for districting the State into divisions, bri-
gades, &c., and to pass laws for the effectual en-
couragement of volunteer corps by some mode
which may induce the formation and continuance
of at least one volunteer company in every
county and division in the city of Baltimore."
Mr. SCHLEY moved to amend said article by
striking out the words "not exceeding one dollar."
Which amendment Mr. HOWARD accepted.
The question then recurred and was put on
the adoption of substitute as offered Mr. SHRI-
VER; and
Determined in the affirmative.
Mr STEPHENSON moved further to amend said
substitute byadding the following:
"The militia of this State shall be composed
of all able bodied white male citizens between
the ages of eighteen and forty five years, except
such as are, or may hereafter be exempt by the
laws of the United States, or of this State."
Determined in the negative.
Mr. BOND moved to amend the substitute, by
adding the following:
"Company, battalion and regimental officers,
(staff officers excepted,) shall be elected by the
persons composing their several companies, battalions
and regiments."
Determined in the negative.
On motion of Mr. CHAMBERS of Kent,
The substitute was amended by striking out
the words "&c.," and inserting in lieu thereof,
"battalions, regiments and companies."
The article was then adopted as amended.
Mr. DORSEY submitted the following article:
ART Every officer of this State, the Gov-
ernor excepted, the entire amount of whose pay
or compensation, received for the discharge of
his official duties, shall exceed the annual sum
of three thousand dollars, shall keep a book in
which shall be entered every sum or sums of
money received by him or on his account as a
payment or compensation for his performance
of official duties, a copy of which entries in said
book, verified by the oath of the officer by whom
it is directed to be kept, shall be annually re-
turned to the treasurer of the State for his inspection,
and that of the General Assembly of
Maryland; and each of such officers when the
amount by him for the year, shall exceed the
sum of three thousand dollars, shall annually
pay over to the treasurer the amount of such
excess by him received, subject to such disposi-
tion thereof as the Legislature may deem just
and equitable. And any such officer tailing to
comply with the said requisition, shall be deem-
ed to have vacated his office, and be subject to
suit by the State for the amount that ought to
have been paid into the treasury.
Mr. SOLLERS was opposed to this article. He
wished the salaries to be such as would enable
the poorest man to hold any office within the
gift of the people. It was only in monarchical
governments where the elite were the represen-
tatives, and where their income from the rent-
roll was sufficient to support them, that the sal-
ary could safely be put below the expenses of
the station.
Mr. DORSEY said he knew of no reason why
the prosecuting officer should receive so much
more than the judges. He considered the duties
of the judge more laborious and more important
than those performed by any prosecuting officer.
A debate here ensued between Messrs. SOL-
LERS and DORSEY, arising from a misunderstand-
ing by each, of remaks made by the other, and
concluding with a disclaimer upon the part of
each of having intended any personal allusion to
the other.
Mr. STEWART of Caroline, moved to amend
the article by inserting after the word "Govern-
or," the words "and the prosecuting attorneys
of the State."
Determined in the negative.
Mr. HOWARD moved the previous question,
and being seconded,
Mr. GWINN moved for a division of the ques-
tion upon the article down to the word "Mary-
land," inclusive in 10th line.
Mr. DORSEY moved that the question be taken
by yeas and nays,
Which being ordered,


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 814   View pdf image
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