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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1707   View pdf image (33K)
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1707
vention did, for any extra session of the gen-
eral assembly or prolongation of their first
session, while we have made it obligatory
upon them to pass certain laws to carry into
effect provisions of the constitution. This
section is designed to devolve the duty upon
some persons selected by the governor to pre-
pare drafts of all the laws we have made it
obligatory upon the general assembly to pass,
that they may be put in form ready for the
general assembly to refer to their committees
to act upon as soon as they come together.
Every gentleman knows that after the
adoption of the last constitution, though it
was made necessary for the legislature to pass
certain laws at their first session, some of
them were not passed until eight or ten years
subsequent to the adoption of the constitution,
and some of them have never been passed at
all. This provides that certain men, qualified
for the purpose, to be certified by the gover-
nor, shall in the first place prepare drafts of
all such laws.
Since the adoption of the code, there have
been a large number of laws passed, modify-
ing the sections of the code. it is proposed
further then that these commissioners shall
then revise the code, and embody subsequent
enactments in it; and shall do what the
former commissioners of codification did not
do, call the attention of the general assembly
to such laws as have become inoperative and
ceased to have effect, or need modification, to
carry out the existing state of things, and to
adopt the code to the existing state of things ;
that they shall thus prepare a new edition, a
revision of the code, and present it to the
general assembly as early as practicable. Of
course it would not be practicable to do so
at the first session of the general assembly,
but they might do so at the second. I think
the provision an important one; and I there-
fore offer that section.
Mr. RIDGELY. I would ask the gentleman
from Baltimore city bow he proposes that the
commissioners shall be compensated.
Mr. STOCKBRIDGE. I take it for granted
that they will be compensated for such ser-
vices as they render, by the general assembly.
Mr. MILLER. We have bad some experience
in this matter. I suppose the last codification
cost the State of Maryland over fifty thousand
dollars. Besides that, the amendment pro-
vides that inasmuch as the legislature will be
so weak and incompetent to perform its du-
ties, and will not have the patriotism to stay
here beyond the time they are paid for, will
not stay without pay to carry out the great
work they will have to do under this consti-
tution, therefore the State must go to the ex-
pense of providing a couple of gentlemen to
aid them in their work. That is a new idea
at least. The gentleman is mistaken in say-
ing that there is any limit to the sessions of
the legislature under the provisions of the
legislative article.
Mr. STOCKBRIDGE. I did not say there was.
Mr. MILLER. The gentleman said that this
constitution does not provide any extension
of the time.
. Mr, STOCKBRIDGE. I say so still.
Mr. MILLER. I say that the first legislature
need not adjourn by the 10th of March. They
may bold on as long as they please. This
proposed constitution allows the members to
sit here from January to January if they
please; and if the legislature has not enough
of the spirit of patriotism to stay and carry
out the directions of this constitution, even if
it goes beyond the eighty days for which
they receive pay, it does not speak very well
for the great objects which we suppose will
be carried out by this constitution if it shall
be adopted. If they are so important that we
must call for aid and expend a large sum of
money for some other gentleman to help the
legislature do their work, I think they might
remain in session a little longer.
Mr. SCHLEY. I ask a division of the ques-
tion. So far as the first object, the prepara-
tion of drafts of bills for the general assembly
is concerned, I deem it of very great import-
ance.
Mr. CHAMBERS. It occurs to me that in an-
ticipation, at the time at which the code is to
be made up, the legislature is to pass various
laws, having a very material influence upon
the character of our legislation; yet, if this
proposition is passed, just before the passage
of these laws the acts of assembly are to be
codified. I suggest therefore whether this is
not rather a precipitate movement; whether
the laws should not first be passed, and then
the code be made) and the system of laws be
passed applicable to the new state of things.
1 suggest that the code be delayed until the
legislature pass the laws which this constitu-
tion requires.
Mr. STOCKBRIDGE. . I confess I do not ap-
preciate the force of the objection urged by.
the gentleman from Kent (Mr.Chambers.)
The amendment provides that two commis-
sioners, who cannot be appointed earlier
than the 1st of November, shall prepare a
large number of important laws. The general
assembly meet on the 1st of January. These
laws are to be prepared as soon as practicable;
and certainly these commissioners will
have as much work in that line as they can
do while the general assembly are in session
the first time. That is the time when these
important laws will be passed. They are
then, as soon as practicable, to go on to
revise the Code. Of course they will. em-
body the laws just passed. It will be impossible
of course to revise the laws at the first
session of the general assembly. No one was
crazy enough to dream of such a thing as.
that. If they prepare the laws for tile. gene-
ral assembly to pass at its first .session, it
will bework enough.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1707   View pdf image (33K)
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