ably. If they do not adopt it, as a matter of
course, I cannot receive it,
1 attach a great deal of weight to the opin-
ion which has been expressed by the gentle-
man from Baltimore county (Mr. Ridgely.)
If I had not him upon my side, if he did not
support my proposition I should feel very
much inclined to withdraw it. But I believe
he is right. I am satisfied I have done noth-
ing wrong in submitting this proposition to
the convention. It is for the convention to
decide upon it. I do feel, I must confess,
some inclination to withdraw it. But as that
perhaps would not meet with the approbation
of those who have advocated it, I will not
do so. If the yeas and nays are called I shall
vote in favor of the proposition, because I be-
lieve it to be just and right and proper, if 1
did not so think I should record my vote
against it.
Mr. BELT. I desire to add one sentence to
the strong view my friend from Baltimore
county (Mr. Ridgely) has taken upon this
question, I would state my impression that
the mileage allowed to members of the gen-
eral assembly of this State from time im-
memorial was not regulated by any constitu-
tional provision. It was regulated either toy
the custom of the general assembly, or by-
statute.
Mr. STIRLING. It was regulated by statute
law; one of the old laws.
Mr. BELT. My impression was that it was
regulated by statute; and I have been trying
to find the statute, but have not done so.—
Being regulated by statute, of course it was
competent to be changed by .statue. Here
then a certain statute existed allowing a cer-
tain mileage to members of the general assem-
bly, The last general assembly repealed that
statute. And I hold as a matter of law that
that repeal operates until another (general as-
sembly shall restore the old provision, I do
not know any authority which any officer of
the State has to refuse to comply with the
new statute, for it supersedes the old one.
As regards the suggestion made by the
gentleman from Baltimore city (Mr. Stock-
bridge) that the act calling this convention
was passed before the appropriation bill chang-
ing the mileage of members of the general as-
sembly. That has no force in if, for the reason
that the general appropriation bills are about
the last acts passed at any session. Therefore
that appropriation bill, like all others, oper-
ates nunc pro tunc; it takes action back. I
shall therefore cheerfully vote for this prop-
osition.
The question was upon the order submit-
ted by Mr. DELLINGER.
Upon this question Mr. BAKER called for the
yeas and nays, which were ordered.
The question was then taken by yeas and
nays, pending the call of which, the follow-
ing explanations were made by members, as
their names were called : |
Mr. ABBOTT. When this proposition was
first presented, after hearing the explanation
of the gentleman from Baltimore county (Mr.
Ridgely, ) I intended to vote for it. But when
I came to hear the explanations of members
of the last general assembly, and found out
what effect it had upon them, that they did
not know they had a hundred dollars too
much or too little, fearing it might have the
same effect upon me, I shall vote " no,"
Mr. CHAMBERS. I have no doubt about the
authority of this convention to pass this order,
and to prescribe their own pay, their mileage,
their emoluments, or any thing else. But see-
ing from the indications here that the gentle-
men of the majority do not choose to take the
responsibility of this upon themselves, I have
no idea of putting money in their pockets
against their will. I therefore vote "no,"
Mr. NEGLEY. I believe with the gentleman
from Baltimore county (Mr. Ridgely) that it
is perfectly right and proper that this propo-
sition should carry. But I see clearly that it
is lost, and therefore there is no use for roe to
vote in the affirmative. I therefore vote
" no."
Mr. RIDGELY. For the reasons I have al-
ready given, I cannot consistently vote in any
other way than in the affirmative, I there-
fore vote " aye,"
Mr. STIRLING. My vote upon this question
will be given upon this ground: I believe
that the joint resolution of the last general
assembly is the law. And I believe that by the
force of that law the members of this conven-
tion are entitled to this additional mileage.—
But as the question is presented to me here
whether I think it expedient, and according
to my wishes and preferences at the present
lime to receive this money, I vote "no."
Mr. WOODEN. Being a member of the com-
mittee on accounts, I ask to be excused from
voting.
The question being taken, the convention
refused to excuse the member from voting.
Mr. WOODEN. Then I vote "no."
Alter the call of the roll had been comple-
ted, but before the result of the vote was an-
nounced, several members changed their votes
as follows:
Mr. HODSON changed his vote to "no."
Mr. DUVALL changed his vote to " no."
Mr. TURNER changed his vole to "no."
Mr. PARRAN changed his vote to " no."
Mr. LEE changed his vote to " no."
Mr. JOHNSON changed his vote to "no."
Mr. HENKLE changed his vote to "no."
Mr. DAIL changed his vote to "no."
Mr. GALE changed his vote to "no."
Mr. CRAWFORD changed his vote to "no."
Mr. BELT. I am still inflexibly in favor
of the opinion I have expressed, and which
my friend from Baltimore county (Mr. Ridge-
ly) has indorsed. And I have no doubt that
those who have voted with me in favor of
this proposition have been thrown in a false |
