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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1467   View pdf image
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1467
Nays—Messrs. Abbott, Anuns, Cunning-
ham. Daniel, Earle, Ecker, Galloway, Hebb,
Hopkins, Hopper, King, Larsh, Mayhugh,
McComas, Negley, Purnell) Ridgely,' Robinette,
Schley, Schlosser, Smith, of Carroll,
Stockbridge, Swope', Wooden—24.
The convention accordingly adjourned until
Monday next at 12 o'clock.
SEVENTY-EIGHTH DAY.
MONDAY, August 22,18-64.
The convention met at 12 o'clock, M. Mr.
PUGH ill the chair.
Prayer by Rev. Mr. Owen.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Abbott. Audoun, Berry, of Prince
George's, Billingsley, Brooks, Brown, Carter,
Chambers, Clarke, Crawford, Cunningham,
Cushing, Daniel, Dent, Duvall, Earl's, Ecker,
Gale, Galloway, Harwood, Hebb, Hodson,
Hollyday, Hopkins, Horsey, Jones, of Somerset,
Keefer, King, Larsh, Lee, Mayhugh,
.Miller, Murray, Nyman., Parker, Parran,
Pugh, Purnell Robinette, Russell, Sands,
Schley, Schlosser, Smith, of Carroll, Smith,
of Worcester, Sneary, Stirling, Stockbridge,
Swope, Thomas, Thruston, Valliant, Wickard,
Wooden—54.
The journal of Friday last was read and
approved.
ATTORNEY GENERAL.
The convention resumed the consideration
of the unfinished business of Friday last,
feeing the report of the committee on State's
attorneys, which was on its second reading.
The filth section, in relation to the attorney
general, was under consideration, having
been amended to read as follows;
" In case of vacancy in the office of attorney
general, occasional by death, resignation,
or his removal from the State, or his conviction
as hereinbefore specified, the said vacancy
shall be filled by the governor for the
residue; of the term thus made vacant."
Mr. CHAMBERS. I move to amend this
section by striking out the words "for the
residue of the term thus made vacant." I
hope to see .a provision incorporated in this
constitution that wherever all election takes
place to fill an office, the whole term of which
has not been occupied by the party first
elected, that election shall be for the full
term provided for the office. A man who is
elected to an office for a number of years,
may quit it just a short time before the elec-
tion, He may have served within a short
period of the whole term. As the provision
now stands an officer is to be elected for the
balance of the term, and then at the next
election the office is to be again filled by a
new election. Now, I hold that we are
just as competent to elect officer for the
lull form at one time as the other„ I suppose
nobody wishes to have a repetition of elec-
tions for the same office, short (,of the time
for which the office was originally intended
to extend. I therefore move to strikeout the
i words "for the residue of the term thus
made vacant." That will leave the general
provision requiring anelection to fill the office
for the full term.
Mr. SMITH, of Carroll. One objection to
the amendment of the gentleman from Kent
(Mr. Chambers) is (halt it destroys the uni-
formity establish in regard to other officers.
A similar provision to the one inserted here
has been adopted in regard to other officers,
and I do not see any reason why it should
not be retained here.
Another objection to the amendment is
that it prevents the term of office of the at-
torney general corresponding with that of the
governor. As they are in confidential rela-
tions to each other, I think they should hold
office for the same time, and go out to-
gether.
Mr. CHAMBERS It is undoubtedly true
that by having' the elections at one time, the
terms would be the same, so far as depends
upon the officers immediately elected. But I
would he pleased to hear what advantage
there is in that. One may die at the expiration
of the first year, and his successor will
be appointed fur the balance of the term.
The.' other officer may die at the expiration of
the second year. Now, according to my
amendment, whether his successor is ap-
pointed or elected. he will hold for a full
term. I see no advantage in their holding
for the same terms. What advantage or
benefit can accrue to a man in Carroll county
because he may be elected to an office on the
same day, on which a citizen of Kent county
may be elected to another office? It does not
affect his office at all. The attorney general
is a man by himself. I admit the fact that
if my amendment prevails the terms of the
attorney general and of the governor may be
different. But I see no pood consequences to
result from a different state of things. Will '
the gentleman enlighten 113 upon that sub-
ject? I see no advantage to result to a per-
son holding the office of State's .'attorney, or
judge, or anything else you please, in one
part of the Strife, whether or not he holds his
office at the same time, for the same term, and
goes out on the same day with some other
officer in some other part of the State.
Mr. STOCKBRIDGE. The section has been
already amended by providing that the gov-
ernor shall fill the vacancy for the residue of
tire term; thus requiring but one election for
each term.
Mr. CHAMBERS. I was not aware of that.
1 only desire that when an election takes
place, it shall be for the full term. I will
withdrew my amendment.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1467   View pdf image
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