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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1839   View pdf image (33K)
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1839
The question was then taken upon the
amendment as modified, and it was adopted.
The order reported by the committee, as
amended by the convention, was then adopted.
PER DIEM OF THE PRESIDENT.
Mr. RIDGELY. I offer the following :
" Ordered, That the president of this con-
vention be allowed a per diem of seven dollars,
and that the committee on accounts audit his
account accordingly."
I have only to say that it is customary
with every deliberative body to make an ad-
ditional allowance to its presiding officer, in
view of the extraordinary labors which that
officer has to perform. It was done in the
last convention, and I believe has been the
custom of every deliberative body.
Mr. HEBB. I would state in regard to this
order that I would vote for it very cheerfully,
but there was a motion made in the house of
delegates when the convention bill was pend-
ing, to make the per diem of the president of
the convention six dollars a day, and it was
voted down.
Mr. JONES, of Somerset. There is nothing
in the convention bill that fixes the per diem
of the president; that matter was left to the
convention. I second the proposition of the
gentleman from Baltimore county (Mr. Ridgely)
Mr. DELLINGER. If it be in order, I move
to postpone this order until to-morrow. I
will perhaps then offer an amendment to it,
if the committee on accounts refuse to allow
the amount which the convention this morn-
ing ordered it to allow.
The CHAIRMAN (Mr. Purnell) stated the
question to be upon the motion to postpone
until to-morrow.
Mr. RIDGELY. I will state that it is uni-
formly the rule in every deliberative body to
make an extra allowance to its presiding offi-
cer; and it does not depend upon any other
contingency. This house surely will not un-
dertake to connect with this proposition any
independent matter that has no relation to it
whatever, I trust the house will act upon
this proposition as it stands, and decide it
upon its own merits. When the other propo-
sition comes up the gentleman will find that
I will be a friend to it, and will advocate it,
believing as I do that it is founded in justice,
in equity, and in right. But I desire this
proposition to be considered independently,
and so acted upon by the house.
Mr. DELLINGER. I will withdraw the mo-
tion to postpone. I am one of those who be-
lieve that the legislature have no power under
the constitution to fix the per diem of mem-
bers of this convention. I believe it is per-
fectly competent for this convention to fix
the per diem of its own members, and to say
what their services are worth, and what they
shall receive. Being under that impression,
I shall vote for this as an independent propo-
sition, to allow the president this additional
compensation. But I think it more proper
that this matter should bereferred to the com-
mittee on accounts, and I therefore make that
motion. Let this proposition, as well as the
claim which members of this body make for
their services here, go together lo the com-
mittee on accounts.
Mr. JONES, of Somerset. The committee
on accounts can do nothing in the world with
this matter. They have no power to fix the
compensation of the presiding officer,
Mr. RIDGELY, This is a proposition to in-
struct the committee on accounts, in auditing
the accounts of the president of this conven-
tion, to conform to the suggestion of allow-
ing him seven dollars a. day. Now what pur-
pose is to be served by referring this lo the
committee on accounts? if the house do not
desire to give those instructions they can vote
it down. its reference to the committee on
accounts will accomplish no purpose what-
ever, because it will go to them without any
instructions from the house. It will there-
fore be idle legislation to refer this proposi-
tion to the committee on accounts. If the
house is disinclined to vote that amount, it
would be infinitely better to vote down the
proposition But I trust they will not do so.
1 Mr. DANIEL. I should have less difficulty
in voting for this proposition, if this ques-
tion, as has been stated, had not come directly
before the legislature, which voted down
a proposition to give the president an increase
of per diem.
Mr. RIDGELY. What has the legislature to
do with it?
Mr. DANIEL. Upon the theory that the gen-
tleman and I adopt—for I have agreed with
him on that theory in regard to the powers
of this convention—we have adopted the
theory that this convention is bound by the
provisions of the act of the legislature which
called us into being, so far as those provi-
sions are applicable, and the legislature hav-
ing fixed the compensation at five dollars a
day, I cannot vote for more. Now if I as-
sumed the theory that this convention was
not bound by that net, that we had a right
to make our own rules and regulations, and
to determine upon all these questions, I should
vote for this proposition with great pleasure,
because then I should believe this convention
had the power to do it. But having adopted
the other theory, that so far as the conven-
tion act is applicable it does bind the con-
vention, and that act having received a con-
struction by the legislature, they having vo-
ted down a proposition to increase the per
diem of the president, I cannot vote for it.—
1 will say at the same time that there is no
gentleman here who has a higher regard and
respect for the able manner in which the
chair has discharged his duties, and for him
personally, and in every other way, than 1
have.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1839   View pdf image (33K)
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