The motion to postpone was agreed to; and
the question recurred upon Mr. Cushing's
amendment of Rule 43d.
Mr. PUGH resumed. I only wish to answer
one point which has been taken—
Mr. CLARKE. I wish the gentleman would
answer my question, whether, unless there is
a division of opinions, on the part of the ma-
jority or a failure on their part to come here
and vote, they cannot give a vote of 49 mem-
bers for any proposition they deem to pass
Mr. PUGH. I will answer as I did before
by asking the gentleman if he ever heard of
such a thing as a balance of power.
Mr. CLARKE. Certainly I have; and I am
very glad there is such a thing as a balance of
power.
Mr. Pugh. It is against the controlling
efficacy of the balance of power that I wish
the amendment to operate.
Mr. CLARKE. But that. balance of power,
one way or the other, will become the repre-
sentation of the majority of the people; and
it is that on the vote that same majority of
the people may be represented, that it is very
desirable to retain the principle of the rule as
it stands.
Mr. PUGH resumed. As I have said, there
is one thing which has been urged, and al-
though I have listened attentively I have not
heard it answered. I do not wish to argue
these questions, for my idea is that if we call
the people's attention to things, when they
look at them they will see them about as well
as we can. It has been urged that the Legis-
lature of Maryland is required to pass laws by
a majority of all the members elected, in both
Houses. That is a true statement; and yet
it is a statement made with a concealment of
something else. The whole truth with regard
to passing laws in the State of Maryland is not
stated. I have not examined the matter thor-
oughly, but I have not found a Constitution
any State which requires the passage of laws by
majorities of the members elected, unless
under that form of government the veto power
is denied to the Governor. I also understand
that the principal reason why in the State of
Maryland a majority of members elected to
both branches of the Legislature is required to
pass a law, is because there is no check be-
tween the action of the Legislature and the
direct operation of the law. Those who have
mentioned this matter have left the whole gist
of it out. I understand the reason of the pro-
vision that so large a vote shall be required
in order to make a bill the law of the land, is
that there is no check, nothing to throw it
back upon their deliberation again if the Le-
gislature has been hasty.
But there is a long distance between our
actions and the adoption of this Constitution
as the organic law of the State, it has to be
passed upon by the people after we are done
with it; and we must make it so that the
people will vote for it. That is a check |
But there is no check in the case of the Leg-
islature, When they have passed a law,
that very moment it becomes the law of the
land, to take effect at the time that they shall
appoint,
Mr. MILLER. I see that in the Constitution
of Illinois the Governor has the veto power,
and yet it has precisely the same provision
with regard to the passage of bills by the Leg-
islature as here,
Mr. PUGH, I merely stated that so far as
I had examined I had not found such an in-
stance. But even if it is so in Illinois, it has
no bearing upon my main argument, and does
not alter my position a particle.
Mr. STIRLING. Will the gentleman from
Anne Arundel, (Mr. Miller,) state whether
the Constitutional Convention that framed
the Constitution of Illinois had any such pro-
vision in it?
Mr. MILLER. I do not know. I have not
looked at that.
Mr. CLARKE. It would be within the
power of any Convention to lay down such a
rule for their action.
Mr. STIRLING. I know of no Constitution-
al Convention that has ever fixed for itself
any such rule.
Mr. SANDS. I wish to make a suggestion
to those with whom I act in this Convention.
I think we have got as large an attendance
here to-day as we shall ever get. It is an un-
usually large attendance, all things consid-
ered. I venture the assertion that you may go
into any military camp, that has its circum-
scribing limits and bounds anywhere in this
State, and out of every 96 men mustered into
the service as physically sound men, you
cannot on drum beat turn out 86 of those
men sound and fit for action. The supposi-
tion that we are to have 49 votes to pass any
provision at all, grows out of the notion that
health is perfectly safe for perhaps three
months to come. We must act in view of
actual existing circumstances, that we cannot
combat. I say that the proportion of 10 sick
men out of 100 is an extremely small propor-
tion. If that is so, then you may send out
your Sergeant-at-Arms to bring in all the
members who are fit for duty, and you will
seldom have more men than you have here
to-day. It is against the nature of things; it
is impossible.
I will suggest to my friends that retaining
their power in the hands in which the people
placed it, does not involve a pledge to abuse
that power. If we have present a majority
of 46 members, I shall vote just the same vote
that I should if we had a majority of one sin-
gle vote with a quorum only present. All I
want to do is to warn gentlemen that in their
action they may strip themselves of power
which will become absolutely necessary for
the furtherance of the business of this Con-
vention. The gentleman from Prince George's
(Mr. Berry,) said that he wanted to lead us |
