by striking out "six," and inserting in lieu
thereof "four."
Mr. JOHN NEWCOMER moved the previous
question, and being seconded,
Mr. JOHN NEWCOMER, moved that the ques-
tion he taken by yeas and nays, which being or-
dered,
Appeared as follows:
Affirmative.—Messrs. Lloyd, Sherwood of Talbot,
Colston, Spencer, Dirickson, McMaster,
Thawley, Sherwood of Baltimore, Schley, Fiery,
John Newcomer. Harbine, Michael Newcomer,
Parke, Cockey and Brown—16.
Negative—Messrs. Chapman, Pres't, Morgan,
Blakistone, Dent, Lee. Chambers of Kent, Don-
aldson, Wells, Randall, Kent, Sellman, Howard,
Buchanan, Bell, Welch, John Dennis, Williams,
Hodson, Goldsborough, Eccleston, Constable,
Miller, McLane, Bowie, Tuck, Sprigg, McCub-
bin, Bowling, Grason, George, Wright, Hearn,
Fooks, Jacobs, Thomas, Shriver, Johnson, Gai-
ther, Biser, Annan, Sappington, Stephenson,
McHenry, Magraw, Nelson, Gwinn, Stewart of
Baltimore city, Brent of Baltimore city, Presst-
man, Ware, Waters, Anderson, Weber, Holly-
day, Fitzpatrick and Smith—56.
So the Convention refused to adopt the amend-
ment.
The question then recurred, and was put on
the adoption of the resolution, and
Determined in the affirmative.
Mr. GRASON submitted the following order;
Ordered, That the President of the Convention
be allowed a per diem of six dollars.
Mr. SCHLEY argued, that if the act of Assem-
bly had any force at all, the language was too
clear to admit of a doubt, that the Convention
no power to increase the pay of the President of
the Convention. He was only entitled under the
law, to the payment of a member. He was a
member, and not an officer of the Convention.
He was simply the presiding member of the
Convention. He could not have presided, if he
had not been a member. The word "officers"
in the act, referred to persons not members, as
clerks, doorkeepers, &c.
Mr. S. here referred to the former decision of
the Convention, (see Journal, page 102,) against
raising the payment of the President.
Mr. STEWART of Baltimore, said:
That this was the first time he had heard that
the presiding officer of a body, was not an officer
of the body. Was not the officer of a bank, an
officer of the bank, and liable to the penalties
indicted upon the officers of banks? Could the
President of a bank borrow money from the
bank? There was no necessity of having a Pres-
ident at all. They might have had a Chairman,
pro tem. But when this duty was delegated to one
member, taking up a large portion of his time,
be was willing to take the responsibility of com-
pensating him for it.
Mr. BROWN remarked, that it could not have
been the intention of the Legislature to give the
President more than $4 per diem; because if they
had intended to include him among the officers
they would not have used the language "clerks |
and other officers." They would have put the
President first That act of Assembly was the
people's act, enacted by them at the ballot box;
and he would not violate a syllable of it. There
was no authority to pay the President more than
the other members, however well he might have
performed his duties.
Mr. BISER stated, that being the chairman of
the committee to draft the act of Assembly, he
had prepared it himself; and whatever may have
been the intention of the Assembly, or of the
people, it certainly was his own intention, in pen-
ning that law, that the compensation of mem-
bers of this Convention should be the same as of
members of the Legislature; $4 per diem for the
members, and one dollar additional for the pre-
siding officer. The law was not to be carried
out according to the understanding of the framers
of it, he would admit; but the language could
not be construed to signify any other intention
on the part of the framer of the law than he had
stated. He had had the honor on one or two
occupy the President's chair, and he knew that it
was not a bed of ruses, but rather a bed of thorns.
The President was called upon in addition to
his duties as the Presiding officer, to sign orders
connected with the financial concerns of the Con-
vention; and certainly should receive at least as
much compensation as the Speaker of the House
of Delegates.
The hour of two o'clock having arrived, the
Convention took a recess until four o'clock,
p. m.
EVENING SESSION.
FOUR O'CLOCK, P. M.
The Convention met.
Mr. NEILL moved that the Committee on Ac-
counts have leave to sit during the session of the
Convention.
Determined in the affirmative.
The PRESIDING OFFICER, (Mr. Spencer,) in-
formed the Convention that the matter pending
at the time of the adjournment, was the order
offered by Mr. GRASON, in relation to the per
diem to be allowed to the President of the Con-
vention.
On motion of Mr. MICHAEL NEWCOMER,
The Convention was called and the doorkeep-
er sent for the absent members.
On motion of Mr. TUCK,
Further proceedings under the call were dis-
pensed with.
On motion of Mr. TUCK,
The Convention resumed the consideration of
the report submitted by him as chairman of the
committee, respecting the appointment, tenure
of office, duties and compensation of all civil
officers not embraced in the duties of other stand-
ing committees.
The question pending was stated to be on the
amendment offered by Mr. TUCK, to the first
section of the report.
Mr. DONALDSON moved to amend the amend-
ment, by adding thereto the following:
"And all provision of law allowing to lottery |
