done by a mere verbal transposition. If it
is made to read that " The governor shall
appoint, by and with the advice and consent
of the senate, at its first session thereafter,
and within ten days after the ratification by
the people of this constitution, a State super-
intendent," &c..., it would then read much
more smoothly.
Mr. RIDGELY. I will put my amendment
in a little more intelligent form than it was
submitted. I now propose to strike out, in
the first part of the section the words ''by
and with the advice and consent of the sen-
ate, appoint within ten days after the ratifi-
cation by the people of this constitution,"
and insert in lieu thereof the following:
"within thirty days after the ratification by
the people of this constitution, appoint sub-
ject to the confirmation of the senate, at its
first session thereafter." The section will
then read: "The governor shall within
thirty days after the ratification by the peo-
ple of this constitution, appoint, subject to
the confirmation of the senate, at its first
session thereafter, a State superintendent of
public instruction," &c.
Mr. SCHLEY. That meets my views,
Mr. MILLER, That comes more nearly to
my views. But I must insist upon my
amendment. I am astonished that the gen-
tleman from Baltimore city (Mr. Cushing)
should say that my proposition would delay
the whole matter, and the legislature would
have nothing to do. It is made by my
amendment positively the duty of the gov-
ernor to appoint this superintendent within
ten days after the meeting of the legislature.
One objection that I have to the amendment
of the gentleman from Baltimore county (Mr.
Ridgely, ) is that it should be done by and
with the advice and consent of the senate.
If a man is appointed by the governor with-
in thirty days, and the senate refuse to ratify
him, then he is out of office, and so much
of the work as he may have done, will go
for nothing. He may have attempted to per-
form some of his duties, and the senate may
refuse to ratify his appointment.
Mr. CUSHING. We run that risk any way.
Mr. MILLER. The senate will be in session
on the first of January, and when the gov-
ernor obtains the views of the senate in
regard to the appointment he should make,
he will make such an appointment as will be
ratified by the senate at once. In regard to
the delay of the superintendent in reporting
to the legislature, I would say that the legis-
lature may keep in session as long as they
please.
Mr. CUSHING. They are paid only for
eighty days,
Mr. MILLER. I know that. But I hope
the convention will yet adopt the system of
annual sessions. And in that case it will not
delay the adoption of this school system for
more than one year, and that is little time |
enough for any man appointed to this place
to bring before the legislature a uniform sys-
tem of common school education in the
State, properly digested and worthy of the
consideration and adoption of the legislature.
The question recurred upon the amend-
ment of Mr. MILLER, as follows :
Strike out the words—"ratification by the
people of this constitution," and insert the
words " commencement of the first session of
the general assembly under this constitu-
tion;" that is, providing that the governor
shall appoint a State superintendent within
ten days after the commencement of the first
session, &c.
The question being then taken, the amend-
ment was rejected.
The question then recurred upon the
amendment of Mr. RIDGELY, as follows:
Strike out the words " by and with the
advice and consent of the Senate, appoint
within ten days after the ratification by the
people of this constitution," and insert the
words "within thirty days after the ratifi-
cation by the people of this constitution,
appoint, subject to the confirmation of the
senate at its first session thereafter; " so
that the section, if amended, will read as
follows:
"The governor shall within thirty days
after the ratification by the people of this
constitution, appoint, subject to the confir-
mation of the senate at its first session there-
after, a State superintendent of public in-
struction," &c.
The question being taken, the amendment
was adopted,
Mr, MILLER. I move to strike out the word
"thirty," and insert the word "sixty" in
the sentence reading ' 'report to the general
assembly within thirty days after the com-
mencement of its first session under this
lie school education," &c.
Mr. CUSHING. That will then give the legis-
lature only twenty days to debate and con-
sider the report of the superintendent. Their
session is practically limited to eighty days.
They may sit a few days, perhaps five, or six,
or ten days, but they will not sit a longer
time after their pay is stopped; it is not hu-
man nature. You give the superintendent
four months in which to make his report, and
then you give the legislature about twenty
days to consider it.
The question being taken upon the motion
to strike out the word "thirty," and insert
the word "sixty," it was rejected.
Mr. DAVIS, of Charles. I move to amend
this section by inserting the words "and
within ten days after the commencement of
each subsequent session, ' ' after the words
"report to the general assembly within thirty
days after the commencement of its first ses-
sion under this constitution." According to
the section as it now stands the report of the |
