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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 803   View pdf image (33K)
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803
a certain sum—that of a judge, for instance,
who is elected for a long period of time, dur-
ing good behavior—it may occur during the
tenure of office that the salary fixed for the
term will be totally inadequate. I wish,
therefore, to leave it in the power of the
Legislature to make that salary correspond
to what it really ought to be for our officers
not to give the Legislature the power to
diminish, but to give them power to increase
it from time to time to meet the exigencies
which may arise.
Mr. SANDS. I think the very reason urged
by my friend from Anne Arundel, (Mr Mil-
ler,) the uncertain value of our currency, is a
reason why this amendment should not be
adopted. We are going to provide some new
officers for this State, quite a number of them.
And, as I understand, in fixing their salaries,
as some of the committees have done, one
great consideration, in fixing the amount
which has been designated, hag been the pre-
sent depreciated condition of our currency.
Suppose that during the terms for which
these gentlemen are to bold office the currency
becomes par; why not diminish their salary ?
why not make the actual salary receivable
by those gentlemen to the ends of their terms
what it is now? Gold, for instance, is to-day
bringing 252. We are fixing the salaries of
certain officers, who may hold office for ten,
fifteen or twenty years, according to the pre-
sent standard of our currency. I hope that
in the course of five years a paper dollar will
be as good as a gold one. And just as soon
as it is so, I want to see the salaries of all
public officers correspondingly diminished,
That is the reason why I shall vote against
this amendment.
I prefer leaving it to the Legislature to
regulate this matter according to the circum-
stances of the time. Suppose the next Legis-
lature chose to increase the salaries of offi-
cers. If this amendment is adopted no future
Legislature will have the power to diminish
any salary. How will that operate? I pre-
fer that the Legislature shall have power to
change these salaries every year—or rather
every two years in this State,
Mr. MILLER. We cannot vote intelligently
upon this proposition until we ascertain and
know what are to be the salaries of these offi-
cers. I would prefer that the amendment I have
offered should go over and beconsidered after
the reports of these various committees, fix-
ing the salaries of officers, shall come in. I
think that the salaries of officers in this State,
especially judicial officers, have been alto-
gether too small, even upon the gold basis ;
that has always been my idea. I have no
doubt that this Convention is going to raise
the salaries of officers to a certain degree, but
not sufficient to cause any alarm, even if the
paper dollar should become worth as much
as the gold dollar. In my judgment, the
probability is that the depreciation of our cur-
rency will continue to a still farther extent.
The salaries of officers as fixed will therefore
be utterly inadequate.
I should prefer, however, that the amend-
ment I have offered should go over until it
is ascertained what the salaries of our officers
are to be; what is to be the basis upon which
they are to be fixed by the various committees
who have charge of them.
Mr. STIRLING. I cannot see what good will
be accomplished by postponing this subject.
No matter what may be the salaries fixed by
the committees if they are put into the Consti-
tution, the Legislature cannot change them.
Mr. MILLER. If we give to the Legislators
the power, they can change them.
Mr. STIRLING. Of course, if we give them
the power they can. We might do as the
old Constitution did, fix no salaries, leaving
the Legislature to fix them all. This section
only applies to those salaries which the Leg-
islature has the power to regulate. Other
salaries, those fixed by the Constitution, can-
not be affected by the Legislature.
Mr. MILLER. Does not this clause apply to
judicial officers aswell as to others? Cer-
tainly it does. It prohibits the Legislature
from making them any greater. I think the
provision of the Constitution of the United
States in a proper one. It gives to Congress
the power to increase the salaries of officers
whose minimum salary is fixed in the Consti-
tution. If this amendment is adopted, I
should think the Legislature ought to have
the power to increase.
Mr. STIRLING. But if the Constitution says
that ajudge shall receive $2,500 a year, tor
instance, then the salary will remain fixed;
the Legislature cannot increase it.
Mr. MILLER.. Then this provision is superfluous.

Mr. PUGH. I do not think that gentlemen
get at the point of this matter at all. My
understanding is very clear.
Mr. STIRLING. I would vote to strike out
the whole section for that matter.
Mr. PUSH. "Nor shall the salary or com-
pensation of any public officer be increased
or diminished during his term of office."
When he accepts that office he makes a con-
tract; and it is during his term that his sala-
ry may not be increased or diminished. In
view of the times in which we are now liv-
ing, I shall be all the time opposed to having
any man holding an office in the State of
Maryland interested, as he would be without
this provision in the Constitution, in depre-
ciating the currency of the country. I do
not want him interested in coming here as a
public officer of the State and asking an in-
crease of his salary upon the ground that
greenbacks are not quite as valuable as mo-
ney ought to be. You make, by this amend-
ment, all the officers of the State interested
in depreciating the currency of the country,
fur the reason that if it does become more


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 803   View pdf image (33K)
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