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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 761   View pdf image (33K)
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761
Government to have the officers of the popular
branch go on in the execution of their duty
without recurring to their constituency for
their approval or disapproval, A member is
elected to the House of Delegates and serves
for the term. He either does or does not con-
form to the wishes of his constituents. If he
does, let him submit his case to them for
re-election. If, on the other hand, he is acting
in direct contradiction to their wishes and
their will on every important occasion, how
can he expect to serve another session? Does
that conform to our notions of popular respon-
sibility and the agency of the representative?
I think not. I am perfectly willing to have
annual sessions of the Legislature; but I am
not willing to have the expense of having a
second session composed of men not actually
representing the constituency which elected
them. If there be annual sessions, let there
be annual elections. Let the servant be
tried, and if found wanting, let him be re-
moved; or if faithful let him be retained, as
the case may be.
Mr. DANIEL. How would the gentleman
apply that doctrine to members of Congress,
who are elected for two years?
Mr. CHAMBERS. I can only say that is a
case with which the government of the State
of Maryland has .nothing to do. I have
expressed my views on this question; and I
cannot be turned from my conviction by any
precedent which may arise in Congress. I
think that very often the constituency of
Maryland would be apt to relieve the gentle-
men elected from serving a second session if
they had it in their power.
Mr. SANDS. I am in favor of annual ses-
sions, and I will give the reason. I suppose
that the Legislature meeting once, in two
years is not able in the period of" their session
to do the necessary legislation for the State.
I know that subjects, matter of legislation,
often go over from One session to another'
for want of time, and have to remain unacted
upon for two yeas. I think the convenience
and the interests of the people of the State of
Maryland are more to be considered than the
little bill of expense attending a session of
the Legislature which may be necessary to
discharge the public business. The objection
made by my friend from Montgomery (Mr.
Chambers) does not. hold good on the score
of expense, for he not only wants annual ses-
sions of the Legislature but annual elections.
How are those elections to be held, and
who is to pay the expense?
Mr. PETER. I am for annual elections
upon the principle stated by the gentleman
from Kent (Mr. Chambers.) Then we can
afford the expense, because we get a second
man to work and act for the people, and a
fair expression of their feelings.
Mr. SANDS. My answer to that is that the
political sentiments of gentlemen elected ought
to be no consideration in a legislative assem-
2
bly, but the wants of the people, whether A,
B, or C, shall be made into a corporation for
this purpose or for that; whether a road
shall be chartered, or something else done.
it is not the question of political sentiments.
I turn again therefore to my friend and say
that upon the score of expense his argument
does not hold pood for the reason that he
asks not only for the expense of annual legis-
lation, but of annual elections. This is all
to be at the expense of the people of the State.
My friend from Kent (Mr. Chambers) very
properly replied to the objection of my friend
from Baltimore (Mr. Daniel) with regard to
the election of congressmen. it is true we
cannot avoid that. It is not in our power to
elect them annually. But how does my
friend apply the doctrine to our senatorial
elections? Our senators are chosen for four
years; and I will accept. the suggestion of the
gentleman that the constituency of the State
of Maryland would gladly, if they had a
chance, relieve some gentlemen who are their
present senatorial incumbers from the duties
and responsibilities of the office. If my friend
from Kent will say that he is for annual senatorial'.
elections, as well as for annual repre-
sentative elections, then the objection, I think,
is valid.
Mr. CHAMBERS. The gentleman forgets that
he and I do not stand upon the same platform.
He is a democrat out and out. I am not, A
part of this government of ours always has
been, and I hope always will be, aristocratic
in its theory. The only conversation I ever
had with Mr. Madison in my life was one in
which he took occasion to say we had the
best Constitution of any State of this Union;
and the most brilliant gem in that Constitu-
tion was the character of our Senate, It was
then, as it was sometimes expressed, the quint-
essence of the essence. The people elected
a college, and the college the Senate. I am
fur a popular branch to be the representatives
of the people who are entitled always to be
heard. The aristocratic 'branch may be
elected for six years if you choose. That will
be consistent with my theory. They are not
a popular branch. They are to restrain,
according to the theory, any rash movements
on the part of the popular branch, to enable
the government to act with its steadiness and
uniformity, undisturbed by matters which
may excite the popular passion for a moment.
Am I understood ?
Mr. SANDS. I think so, sir. My friend
has told me I am a democrat. I should like
to know what kind of one,—peace, war,
radical, or what? I think I must follow my
friends illustrious example. When became
into this hall, be disclaimed all party affilia-
tion. So far as the democratic party is
concerned, I disclaim all affiliation with it;
and beg not to be called by that name,
I take issue with my friend from Kent (Mr.
Chambers) with regard to the senatorial and


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 761   View pdf image (33K)
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