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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1095   View pdf image (33K)
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Court of Appeals for four years, and shall be
eligible to reappointment."
Mr. MILLER moved to amend the amend-
ment. by striking out the words "Judges of
the Court of Appeals," and insert the word
Mr. STOCKBRIDGE, The librarian has been
elected by the legislature for some years past.
Will the gentleman from Anne Arundel (Mr.
Miller) state what was the law previous to
this constitution? How was the librarian
appoinled, and for what length of time?
Mr. MILLER. By the present constitution
of the State, he was appointed by the legisla-
ture for two years, The question arose in
the Court of Appeals, one of the incumbents
having died or resigned his office, and an ap-
pointment having been made, whether that
appointment was for the unexpired term of
the former incumbent, or for two years from
the date of his appointment. It was decided
by the Court of Appeals, that it was tor two
years from the date of his appointment,
Hence it is that the legislature elect about two
years ahead. My motion is, not to disturb
the present incumbent for the time for which
he was elected; for the last section of this
article provides for that. It is simply to give
the appointing power to the governor, I am
in favor as a general thing, of giving the
governor as much of the appointing power as
we possibly can.
Mr. STOCKBRIDGE. My question was, how
was he appointed before the present constitu-
Mr. MILLER. By the legislature; by act of
Mr. CHAMBERS. Why should the governor
have this appointment? The governor has
not a tithe as much to do with the librarian
as the legislature have.
Mr. MILLER. I am in favor of keeping the
judges, as far as possible, free from the im-
portunities of men for office,
Mr. CHAMBERS. They appoint their own
Mr. MILLER. That is immediately connected
with their office.
Mr. CHAMBERS. This is also.
Mr. MILLER. I do not think it is so appro-
priate as to have the governor appoint.
Mr. SANDS. Why not leave it to the legis-
lature to elect ?
Mr. DANIEL. The objection to the legisla-
ture is that they come here knowing very
little about the library. They are elected
every year or two, and know very little about
the men in the State. Hence, it is one con-
tinual nuisance in the legislature from the
time they meet until the librarian is elected.
The presentation of the rival claims of can-
didates, &c. causes delay; and there is no
possibility of their having an equal knowl-
edge or interest in the library which the
Court of Appeals have. I think this ia a very
good amendment, and I hope it will be
adopted. The Court of Appeals is constantly
here; and this library is a law library em-
phatically. They are certainly more interest-
ed in preserving a law library here, and in
having it properly taken care of, and in hav-
ing a proper man who understands the looks
and who has more knowledge of the qualifica-
tions for this office than any other person or
persons in the State. It is certainly a great
facility to all lawyers and all persons who
have anything to do with the books to have
a proper librarian selected. As suggested
by the gentleman from Kent (Mr. Chambers,)
this officer is something like a clerk; the
orders come to him for books, and he is in
attendance upon the Court of Appeals, and
is almost entirely acting very much like a
clerk to the Court of Appeals. I think it is
a wise provision therefore to give them the
The amendment of Mr. MILLER was rejected.
The question recurred upon the amend-
ment of Mr. AUDOUN, which was rejected.
. Mr. PETER submitted the following amend-
ment :
Strike out all after the word "the,'' in the
first line, and insert the wolds:
" State librarian shall be elected by the
qualified voters of the State on the—
day of— in the year —, who shall
hold his office for the term of six years from the
first day of January next after his election.
His salary shall be fifteen hundred dollars per
annum,. and there shall be no other perquisites
or fees to his office. "
Mr. PETER said: I do not design to inter-
fere with the present incumbent uf the office,
who will hold the office for the remainder of
his unexpired term. Acknowledging as I do
the importance of this office, I think it is im-
portant that it should be left to the people.
Certainly it is more important than the office
of commissioner of the land office, if not as
important as that of governor or some other
officers. In this case, as in conferring the
appointment upon the judges of the court of
appeals, we certainly free the legislature from
any responsibility, or any influence that
might .be exercised upon them. ' I think it is
but lair and just to the people that they should
elect an officer of that kind. In my substi-
tute 1 propose that he shall have the office for
a time sufficient to quality him fully to per-
form his duties. At the same time 1 hold
that he ought to be competent for re-election.
When we can get a good and proper officer to
perform these duties, 1 submit that it will be
tor the advantage of the court of appeals, the
legislature, and all other departments con-
nected with the State, in the proper perform-
ance of their duties to be freed from any of
the influences arising from the appointment
of this officer. Let him be put in his place
by the people; and let him be free and un-
trammelled by any party influences that
might be brought to bear upon the house of

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1095   View pdf image (33K)
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