receive for his services the same compensation
which shall, for the same period, be allowed
to the speaker of the house of delegates, and
no more."
No amendment was offered to this section,
DUTIES OF THE GOVERNOR.
The following sections were then severally
read, and no amendments offered thereto :
"Section 11. The governor shall be com-
mander-in-chief of the land and naval forces
of the State, and may call out the militia to
repel invasions, suppress insurrections, and
enforce the execution of the laws; hut shall
not take the command in person without the
consent of the legislature."
" Section 12. He shall take care that the
laws be faithfully executed."
"Section 13. He shall nominate, and by
and with the advice and consent of the senate,
appoint all civil and military officers of the
State, whose appointment or election is not
otherwise herein provided for, unless a differ-
ent mode of appointment be prescribed by
the law creating the office."
Mr. BERRY, of Prince George's. I desire to
offer an amendment to the eleventh section,
so that the governor shall take command of
the forces in the field.
'The PRESIDENT, It is not in order without
a reconsideration of the section, it having
been passed by the convention.
Mr. STIRLING. I will move a reconsidera-
tion of the eleventh section for the purpose of
enabling the gentleman from Prince George's
(Mr. Berry) to offer his amendment. It is an
extraordinary and absurd provision to put in
the constitution, any way, and I shall vote to
strike it out. To say that a man shall be com-
mander-in-chief, and then not allow him to
take command is perfectly absurd.
The question was then taken upon the mo-
tion to reconsider, and upon a division—ayes
24, noes 24—no quorum voted.
The question was again taken, and upon a
division—ayes 28, noes 27—the motion to
reconsider was agreed to.
GOVERNOR—MILITIA.
The eleventh section was then read, as fol-
lows :
"Section 11. The governor shall be com-
mander-in-chief of the land and naval forces
of the State, and may call out the militia to
repel invasions, suppress insurrections) and
enforce the execution of the laws; but shall
not take the command in person without the
consent of the legislature."
Mr. BERRY, of Prince George's, moved to
amend the section by striking out the word
"not, " in the last clause.
The question being taken, the amendment
was rejected.
Mr. SCOTT. I move to strike out all after
the word "laws," as follows: "but shall
not take the command in person without the
37 |
consent of the legislature." That will leave
it optional with the governor to take com-
mand or not.
Mr. STIRLING. It does strike me that, par-
ticularly at a time like the present, this ought
to be stricken out. I do not suppose that
practically there will be any necessity for it.
But if the governor of Maryland possesses
qualifications for the place, and can do any
good by appearing in the field at any time,
1 can see no reason why he should not do so.
1 do not see what you mean by saying that a
man shall be commander-in-chief if he is not to
be allowed to command. The President of the
United States, under the constitution of the
United States, possesses the power to take
the command of the army, whenever he sees
fit to do so. He is actually the commander-
in-chief of the army. And I do not see why
the governor of the State should be debarred
from that privilege, except by consent of the
legislature. I do not think it a matter of
great importance; but it has always seemed
lo me to be absurd and novel. I do not find
it in any of the constitutions of other States.
Mr. SANDS. I think this is a matter of
greater importance than my friend chooses to
consider it. What character of men do we
usually make governors? West Point gen-
tlemen? Men trained to arms? Certainly
not. And yet it is proposed by striking out
this portion of the section, to let any man
ambitious of military honors, who happens
to be at a time of insurrection or invasion, the
governor of the State, though without a bit of
military knowledge or capacity—to let him
take the people of the State under his charge,
and have them served as some of our poor
unfortunate soldiers have been served under
political generals. 1, for one, am very much
opposed to allowing any man, not a trained
military man, to take into his bands the lives
of my fellow-citizens. I think it is a very
grave matter.
And this proposition might be open to
other objections. We do not know what a
selfish or ambitious man, with absolute civil
and military power in his hands, might
undertake to do, I think it was very wisely
provided indeed, that the man who is exer-
cising the executive functions of the State,
should confine himself to its civil functions
alone, and not interfere with the military.
Mr, STIRLING. Does not the constitution
make him commander-in-chief?
Mr. SANDS. That does not mean that he
shall take command in person; but that all
necessary orders shall issue from the execu-
tive department; that he shall make his ap-
pointments, and do whatever is necessary to
set the machinery in motion. But that a man
having an unused hand to military matters
should direct that machinery, is something
that I for one cannot agree to for a moment.
When men are put into serried ranks, 1
would put none in military command over |
