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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1680   View pdf image (33K)
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1680
State. I am opposed to that upon general
principles, because I am oppose to restricting
the legislature in any way. If a constitutional
provision of this sort should be adopted, one
of the most important rights and privileges
of the people of Maryland will be to beorgan-
ized in their respective districts, just as is now
done under the operation of the law. I do
not suppose that anybody who lives in Prince
George's county wants to be jerked out of
there and carried to Allegany county for the
purpose of being equipped and drilled under
a militia system in Allegany county. I there-
fore move to amend this section by inserting
after the words "disciplining the militia,"
the words "in the city of Baltimore, and in
every county."
The question being taken upon the amend-
ment, it was rejected.
Mr. AUDOUN. I move to amend this sec-
tion by adding the words "and shall pass
such laws as shall promote the formation of
volunteer militia associations in the city of
Baltimore, and every county, and secure to
them such privileges or assistance as may af-
ford them effectual encouragement,"
The question being taken upon the amend-
ment, upon a division—ayes 24, noes 26—
it was not agreed to.
No further amendment was offered to this
section.
Mr. PURNELL. I offer the following as a
new section:
"The governor shall have power to call
forth the militia to execute the laws. of the
State, suppress insurrection, and repel inva-
sion."
There was a law passed at the last session
of the legislature, which perhaps gave the
governor that power. But it was gotten up
very hastily, and the system then arranged
was very imperfect, and will have to undergo
revision, I propose to place it in a more
permanent form, by putting it into the con-
stitution, and not leaving it to the legislature
at all.
Mr. SCOTT. That power is already given
to the executive, in the article on, the execu-
tive department.
Mr. STOCKBRIDGE. The eleventh section of
the article on the executive department,
which we adopted to-day, reads as follows ;
"Sec. 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 general assembly."
Mr. PURNELL. I will withdraw my amend-
ment under these circumstances.
The amendment was accordingly with-
drawn.
Section three was then read as follows :
" Sec. 3. The adjutant general shall be ap-
pointed by the governor, by and with the ad-
vice and consent of the senate. He shall
hold his office for the term of — years,
and receive for his services an annual salary
of—dollars."
Mr. THOMAS moved to fill up the first blank
with the word " four."
Mr. STIRLING. I move to strike oat the
words " for the term of—— years," and
insert " during the pleasure of the governor."
It would work very badly if the governor
and the adjutant general did not agree. He
is a sort of staff officer to the governor, and
ought to be subject to his absolute control,
and not be independent of him.
Mr. THOMAS. My object in moving to make
it four years was to make it correspond to
the term of the governor. I would have no
objection to inserting after the word "years"
the words "or during the pleasure of the
governor."
Mr. STIRLING. A man who was really
worth anything would not want to stay in
the office if the governor did not want him
there.
The question was then taken upon the
amendment of Mr. STIRLING, and it was
adopted.
Mr. STIRLING. I now move to strike out
the words " an annual salary of —
dollars," and insert "such compensation as
is now or may be hereafter fixed by law,"
The PRESIDENT. The adjutant general now
draws two thousand dollars."
Mr. STIRLING. He does not draw that as
adjutant general,
Mr. STOCKBRIDGE. Section 12, chapter 284
of the laws of the last session of the legisla-
ture provides:
"That the salaries of the several department
officers shall be as follows, to-wit: The ad-
jutant general shall receive, so long as he
discharges the duties of quartermaster gen-
eral, inspector general and commissary gen-
eral, as herein before provided, the pay of
two thousand dollars per annum, payable as
heretofore," &c.
Mr. STIRLING. He draws that as long as
the legislature allows him to perform those
other duties, but not as adjutant general.
Mr. STOCKBRIDGE. He is ex officio all this ;
but be performs no additional duties so long
as there is no militia under arms.
Mr. DANIEL. I believe the adjutant gen-
eral only got one thousand dollars before
that last law was passed. And I think he
did not get that much until within arecent
period. I believe five hundred dollars a year
was all he got for a long time. I want to
know whether these additional duties are so
onerous as to be deserving of a thousand
dollars extra pay, or whether they are not
put on 80 as to lug in the extra thousand
dollars, I think one thousand dollars is
enough, and that we better fix it at that.
Mr. STIRLING. As far as I am concerned,
1 do not know how to vote on the amount


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1680   View pdf image (33K)
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