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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 852   View pdf image
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852
went, he did not know whether the gentleman
from Frederick, was present or not, he recollec-
ted that his colleague, [Mr. Bowling,] and the
gentleman from Anne Arundel, [Mr. Sellman,]
both refused to vote—there was to be no disturbance
of the present senatorial election. He
understood that the course they took in refer-
ence to the Governor, was considered as a com-
promise, and all gentlemen, of both parties, went
in favor of retaining him in office. He felt the
power and force of this, and he was glad to see
gentlemen meeting on this ground. He desired
to pour oil upon the waters of political discord,
and he was sorry the gentleman had called up
the question again.
Mr. THOMAS contended that the section had
not been finished, and that after the word "sen-
ators" had been stricken out, the gentleman
from Anne Arundel, [Mr. Donaldson,] moved to
postpone this section, because it would re-
quire further modification to conform to the in-
tention of continuing in senators. Of course, he
(Mr. T.) thought the better plan would be to
re-elect all the senators. He had only brought
ibis section before the House, that the work be-
gan might be finished.
Mr. DONALDSON explained the action of the
Convention on this section, and considered that
it had been finally disposed of.
M. JOHNSON said that the first time he had
seen his report since he made it was to-day, it
was not made without some thought, and he
considered the third section of the original re-
port as perfect, and he would therefore move to
substitute that section for the present one. He
would leave the Senators as they had left the
judges, to be elected by the people. If the gen-
tlemen had proved themselves worthy, the peo-
ple would elect them, and if they did not de-
serve the office, it was a very good plan to get
rid of them. He did not intend to calculate
whether the one party or the other would lose by
it for he had not come here as a politician. He
had been consistent and uniform in his course
here.
The PRESIDENT stated that the amendment
moved by the gentleman would the be in order,
when
Mr. JOHNSON withdrew said amendment.
Mr. GRASON said that however gentleman
might differ with him, he should vote to con-
tinue in office the Senators elected in 1850, for
they were elected as the Governor was elected,
while the question of reform was under consid-
eration. He would not, however, be willing to
go back and extend this provision to Senators
who were elected some years back, when no
particular object was to be accomplished by
their election. He was anxious that the people
should have an opportunity of electing to the
Senate persons who would be interested in carrying
out certain measures which were to be
submitted to them at the next session. At the
same time he had no great objection to keeping
them all in, subject to the regulations provided in
the new Constitution, for Senators hereafter to
be elected.
Mr. BROWN thought that the best way to look at
every question would be to look at its practical
effect. Every officer who would not be contin-
ued by an express provision of the Constitution,
would be out of office, if the people should con-
firm the Constitution; and he thought he could
name some gentlemen if he were at liberty to
do so, who run for the Senate, expecting that
they never would take their seats in that body,
because they expected that a new Constitution
would be made.
in reference to the Governor, he did not sup-
pose that there was a single gentleman here who
did not believe that that officer would have been
re-elected by acclamation had they not contin-
ued him in office.
In relation to the Senators, he would say that
the Constitution would turn them all out, as it
would all who held office under the old Constitu-
tion. If it should do otherwise, did it not
amount to this—that this body would be under-
taking to elect senators for the State; Were the
senators elected by the people of the State ? Not
at all. The only civil officer they had was the
Governor. The people elected him when they
were elected. Could they continue the gentle-
man from Dorchester if he had not served out
his time? What right had the Convention to
elect a Senator for Dorchester county for one
or two years.
If the people should adopt the Constitution he
would be out of office to all intents and purposes,
and if they should continue him, they would
elect a senator for that county. He believed that
they had a right to continue an officer necessary
to carry on the government,
Mr. SPENCER said:
That when he came into this Convention, he
determined that he would not be influenced by
any party consideration in any vote or act given
in this body. He contemplated that there would
be no change in the election of senators, and he
was determined, that so far as his vote could
accomplish it, they should remain as they now
were.
He could see no distinction between the office
of Senator and that of Governor. The Gover-
nor was elected by the people, and so with re-
gard to Senators, and he would allow those who
were now in to remain where they were.
Mr. BOWIE said:
That he had before remarked that he saw no
occasion for any further legislation, and be re-
ferred to the different sections of the bill to
maintain his views.
Mr. CHAMBERS suggested the necessity of some
addition to the fourth section. As it now stood,
some Senators might be arranged to a class
which would serve until a period after that for
which they were elected. Some members were
going out at every session, but as the bill now
stands all are to be classed by lot. This would
elongate the periods of service of some and
shorten that of others.
Mr. BOWIE thought the gentleman was mis-
taken in supposing that this was to go into effect
at the next session of the legislature. The fourth


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 852   View pdf image
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