this State if he puts in command of the sol-
diers of the State incompetent officers. I hold
that such a man is unprincipled; that he is
betraying his trust, and is unworthy of the
position he occupies. It is in this view only that
I favor the amendment of my colleague (Mr.
Scott; ) for it will make us more careful for
whom we vote for governor; that he shall be
a man who is competent to be intrusted with
the lives of soldiers in time of war,
Mr. STIRLING. I give notice that if the
amendment of the gentleman from Cecil (Mr,
Scott) is not adopted, I will move to amend the
section by striking out the words "in person
without the consent of the legislature," and
inserting " of the militia when called into
the service of the United States;" so that
that portion of the section will read: "but
shall not take the command of the militia
wlien called into the service of the United
States." That will make the section con-
form to the provisions of the constitutions of
most of the States, leaving the governor to
take command of the militia when in the ser-
vice of the State. Of course nobody expects
him to take command of the militia when in
the service of the United States.
The question was upon the motion of Mr.
SCOTT to amend the section by striking out
the words ''but he shall not take the com-
mand in person without the consent of the
legislature.
Upon this question Mr. STIRLING called the
yeas and nays, and they were ordered.
The question was then taken, by yeas and
nays, and resulted—yeas 18, nays 38—as fol-
lows :
Yeas—Messrs. Berry, of Prince George's,
Billingsley, Bond, Clarke, Crawford, Davis,
of Charles, Davis, of Washington, Earle,
Hodson, King, Miller, Parker, Pugh, Scott,
Smith, of Dorchester, Stirling, Stockbridge,
Swope—18.
Nays—Messrs. Goldsborough, President;
Abbutt, Annan, Audoun, Brooks, Brown,
Carter, Cunningham, Cushing, Daniel, Del-
linger, Ecker, Edelen, Galloway, Hopkins,
Hopper, Jones, of Somerset, Keefer, Kennard,
Lee, Mayhugh, McComas, Mitchell, Mullikin,
Murray, Nyman, Purnell, Robinette, Russell,
Sands, Schlosser, Smith, of Carroll, Smith,
of Worcester, Thomas, Thruston, Todd,
Valliant, Wickard, Wooden—38.
The motion to strike out was accordingly
rejected.
Mr. STIRLING. I now move to amend the
section by striking oat the words " in per-
son without the consent of the legislature,"
and inserting "of the militia when called
into the service of the United States."
Mr. VALLIANT. I apprehend that that
amendment is unnecessary. The constitution
of the United States settles that question,
if there is any question about it. The first
clause of the second section of the second |
article of the constitution of the United
States, says:
"The President shall be commander-in-
chief of the army and navy of the United
States, and of the militia of the several
States, when called into the actual service
of the United States."
Mr. STIRLING. There is no trouble about
that, I only wanted to illake this section con-
form to the provisions of the constitution of
the United States.
Mr. SANDS. I think if the amendment of
the gentleman is adopted by the house, it
would do in effect what the house has declared
ought not to be done; that is, give the gov-
ernor the command in person of the militia
in the State. I hope the amendment will
not be adopted.
The question being then taken upon the
amendment of Mr. STIRLING, it was rejected.
Mr. BEBRY, of Prince George's, moved to
amend the section by striking out the words
" but shall not take command in person
without the consent of the legislature," and
inserting "and shall command in person the
militia of the State, when in active service
of the State or of the United States."
Mr. THRUSTON moved the previous ques-
tion, which was seconded; and the main
question ordered.
The question was then taken upon the
amendment of Mr. BERRY, of Prince George's,
and it was rejected.
The question was then taken upon the sec-
tion, and it was adopted.
Mr. STOCKBRIDGB. As we have gone back
from the point we had reached. I wish to ask
the convention to recur to the eighth section,
to which the gentlemen from Anne Arundel
(Mr. Miller) called the attention of the con-
vention a few moments since. I had not
the amendment prepared at the time.
The question was taken upon recurring to
the eighth section, and it was agreed to.
The eighth section was again read ag
follows:
"See. 8. In case of the death, resigna-
tion, removal from the State, or other dis-
qualification of the governor, the powers,
duties and emoluments of the office shall de-
volve upon the lieutenant governor; and in
case of his deatli, resignation or removal,
then upon the president of the senate for the
time being—until the disqualification or ina-
bility shall cease, or until a new governor
shall be elected and qualified."
Mr. STOCKBRIDGE. I move to amend the
section by adding the following :
"And for any vacancy in said office not
bereilr provided for, provision may be made
by law, and if such vacancy should occur
without such provision being made, the gen-
eral assembly shall be convened by the secre-
tary of State for the purpose offillingsaid
vacancy."
1 wish morely to say in reference to that |
