Which was read, and
Referred to the committee on the Militia.
On motion of Mr. WATERS, it was
Ordered, That it be entered on the journal that
Mr. DAVIS has been called home by the indisposition
of a member of his family.
On motion of Mr. MCLANE,
The Convention resumed the consideration of
the report submitted by him on the 1st of Febru-
ary, as chairman of the committee on the Trea-
sury Department.
The question pending before the Convention,
yesterday, was on the amendment offered by Mr.
BOWIE, to strike out the word "Comptroller," in
the first article, and also to strike out the words
"chosen by the qualified electors of the State at
each election of members of the House of Dele-
gates, and shall receive an annual salary of three
thousand dollars, also of," and insert in lieu
thereof the following:
"Who shall be the Governor of the State for
the time being, and."
Mr. DORSEY remarked, that the first act of
Assembly relating to this subject was the act of
1834, chapter 279, section I, which provided
that the interest of the debt should be paid by
the commissioner of loans, at the city of Balti-
more, He admitted that that law was not a
Constitutional provision under the article of the
Constitution of the United States, which declared
that no law should be passed by any State im-
pairing the obligation of a contract. If a State
could not pass such a law, a Convention could
not pass such a law. But that law had reference
to the public faith, and ought not lo be changed
but on urgent necessity; the stock may have been
subscribed for, or purchased in reference to the
law, and under the belief that the interest was
lo be paid in the city of Baltimore. He then
read the act of 1837, chapter 53.
In regard to the constitutional obligations of
the Constitution of the United States, (continued
Mr. D.,) not to impair the obligations of a con-
tract, one of the stipulations which this contract
made, was that the interest should be paid at the
office of the commissioner of loans in the city of
Baltimore. If they had a right to change that,
they had a right to change all the terms of the
contract; you may make the sterling bonds, the
interest whereof is now payable in London, pay-
able at the city of Annapolis. In support of his
argument Mr. D. then read the act of 1839, ch.
12, section 12.
[The CHAIRMAN'S hammer here fell, Mr. DOR-
SEY'S time having expired.]
Mr. BOWIE cared not what provision they en-
grafted, placing the entire control of the treasury
under the supervision of the Comptroller and Trea-
surer it would have nothing to do with the acts of
Assembly now in force in relation to the payment
of the interest on the public debt which the gen-
tleman had read, and placing a particular portion
of the department under the supervision of par-
ticular officers. It would not repeal one, except
so far as the issuing of bonds might be regulated
by these acts of Assembly, and placed under the
control of the commissioner of loans. The ob- |
ject of this bill, as he understood, was to place
all this matter under the supervision of the comptroller
and treasurer.
Mr. HOWARD only wished to say, in addition
to what the gentleman from Prince George's
had said, that with regard to constitutional obli-
gations, if it was a part of the contract that the
dividends were to he payable in Baltimore city,
the comptroller would have them there paid.
Mr. BOWIE. I say that it does not repeal an
act of Assembly.
Mr. HOWARD concurred with the gentleman;
and thought that it would still leave the contract
in force. There was no stipulation in this bill
that the comptroller should pay the interest here
in Annapolis. It only said that he should keep his
office here, as the treasury of the United States
was kept at Washington, and pensions were
paid all over the United States. In that the ob-
ligation to keep the office here did not imply that
the dividends should be paid here or anywhere
else. If, therefore, there was an obligation im-
posed upon the State of Maryland to conform to
these bonds, that obligation passed over to the
comptroller, and he was bound to do the same
thing. Therefore, the objection of the gentle-
man from Anne Arundel was not sustained. He
did not understand whether the gentleman meant
to say that the substitution by the State of one
officer for another officer, would be a violation of
the contract so far as to impair its obligation.
If the gentleman meant to say that, then he,
(Mr. H.,) thought it would be exceedingly diffi-
cult to maintain such a proposition in a legal ar-
gument, for it would be a mere change of officers,
leaving all the laws in force and maintain-
ing the obligation of a contract. He had never
seen a decision of the highest tribunal of the land
that would carry the doctrine so far as that—that
the mere change of an individual to perform a
certain duty was a violation of a contract to im-
pair an obligation. He would only say that the
gentleman from Anne Arundel county, (Mr.
Randall,) in addition to what had been said by
the gentleman from Prince George's, (Mr.
Bowie,) satisfied him Completely that there was
an absolute necessity to pass this bill, for the
purpose of throwing additional guards around the
treasury. He did not know whether gentlemen
had ever examined the treasurer's books; he ex-
amined them some years ago, with the aid of
the treasurer, and he could not understand them.
He doubted whether any member of this body
could understand them, without two or three
day's training—so that the treasurer might mis-
tify the books, and it would never be found out.
He hoped they would pass this bill.
Mr. DORSEY in addition to the acts of assem-
bly he had referred to before, read the act of
assembly passed in 1847, chapter 21.
He said that he understood, and he did not
think it could be construed differently, that if this
law should pass, it would abolish the office of
commissioner of loans. All the duties of that
officer would be transferred to the seat of gov-
ernment, in the city of Annapolis, with no other
office of that description, and the comptroller |
