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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1776   View pdf image (33K)
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1776
expect all this labor of directing to be done
by the secretary. Would it not be infinitely
better to have him fold each copy by itself,
put a stamp upon it, and then wrap up the
ten copies for each member in a bundle and
direct that bundle to the member, who can
direct each single copy as he pleases? it
would save a great deal of trouble to the
secretary, and I think would be infinitely
better,
Mr. ECKER, That would require double
postage; the postage upon each single copy,
and then the postage upon each bundle of
ten copies.
The question was then taken upon the mo-
tion of Mr. MILLER to reconsider, which was
not agreed to.
ONE HUNDRED DOLLARS EXTRA MILEAGE.
Mr. DELLINGER submitted the following:
" Ordered, That the committee on ac-
counts, in auditing the per diem and mile-
age accounts of members of the convention,
be and they are hereby instructed to make
such audit, in conformity to the convention
bill, by allowing to each member five dollars
per day, and the mileage allowed to the mem-
bers of the last general assembly of this
State."
The PRESIDENT. Does that include the hun-
dred dollars extra mileage?
Mr. DELLINGER. That is the object.
The PRESIDENT. The object is to appropri-
ate one hundred dollars to each member, ac-
cording to the practice of the last legislature,
unsanctioned by any law or authority.
Mr. BAKER. I hope that order will not be
adopted, it is not sustained by any prece-
dent.
Mr. DANIEL. I would like to bear this or-
der explained.
Mr. DELLINGER. I do not think, for my
part, that it requires any explanation. The
law is perfectly clear to my mind, although
I am no lawyer. I will state that I have no
doubt upon the subject myself. The com-
mittee on claims of the last legislature made
this report:
"The committee on claims, to which was
referred an order of the house of the second
day of March, 1864, instructing them to read-
just the mileage of the members of the gene-
ral assembly, respectfully report:
"That the constitution of Maryland pro-
vides that the members of the general assem-
bly shall receive a per diem of four dollars,
and such mileage as may be allowed by law.
This constitutional provision seems to justify
the conclusion, that while the per diem of
members is fixed unchangeably, their mileage
is left to be adjusted according to the varying
circumstances which might arise.
"The committee, having in view fie pecu-
liar and unprecedented condition of the cur-
rency of the country at this time, and the
greatly enhanced cost of travel and living in
consequence thereof, have deemed it just and
right to provide as near as may be for equal-
izing the compensation of members with that
of the previous legislatures, and therefore
would respectfully recommend the adoption
of the following joint resolution:
' ' Resolved by the General Assembly of Ma-
ryland, That the sum of one hundred dollars,
in addition to their usual mileage, be paid to
each of the senators and delegates of the gen-
eral assembly."
Mr. STOCKBRIDGE. Will the gentleman read
the names appended to that report ?
Mr. DELLINGER. There are no names to the
report, I now read from section three of the
bill calling this convention together :
"And the compensation of the delegates
to said convention shall be five dollars per
day, and the mileage allowed to members of
the general assembly of this State."
The PRESIDENT, That does not say mem-
bers of the last general assembly'.
Mr. DELLINGER. But the last legislature
fixed the mileage under the resolution I have
read. And the act calling this convention
together clearly says that members of this
convention shall receive the same mileage as
members of the legislature. The only .ques-
tion is: Did the legislature intend that the
convention should have the mileage they re-
ceived, or did they intend that they should
only receive the mileage of previous legisla-
tures? which to my county is forty-one dol-
lars.
Mr. SCHLEY. Can the gentleman inform
me whether the convention bill was passed
prior to the adoption of the joint resolution
fixing the mileage of members of the general
assembly ?
Mr. DELLINGER. I cannot give that infor-
mation; I presume it was, however. Never-
theless, that does not make any difference at
all, according to my judgment, I am one of
those who believe that the last legislature of
the State of Maryland had no right or power,
under the constitution of this State, to fix
even the per diem of members of this conven-
tion, let alone their mileage; that is a subject
which exclusively belongs to this body. And
1 say that, looking at the constitution in
relation to calling this convention together,
that legislature clearly transcended its powers
when it attempted to say to the sovereign
convention of the State of Maryland, brought
here by the voice of the sovereign people,
that their per diem should be but five dol-
lars a day, and their mileage the same as re-
ceived by former general assemblies of this
State. In addition to that I will say that 1
am informed that a proposition was belore
the last legislature of Maryland, to fix the per
diem of members of this body at seven dol-
lars, And I am told—and the gentleman
from Worcester (Mr. Purnell) who was a
member of that body will remember—that in
the senate a motion wag made to insert the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1776   View pdf image (33K)
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