I think, of the whole committee, without any
exception. This provision was designed to
prohibit a member of the Legislature from
receiving any appointment from the executive
or the general assembly. And to avoid the
difficulty of construction which has hereto-
fore occurred, they desired to do it in such a
form that it would be entirely clear. But
there is some doubt in regard lo the construc-
tion of this lust clause, arising not from the
word "term." but about the expression "to
bold any office." I know the view was
taken last winter that the expression "hold
any office" was different from the expression
''receive any appointment." And as the man
did not hold the office of judge until after he
bad got himself out of the senate by resigna-
tion, it was held that it was not in opposition
to the Constitution. And the expression
"whole term" was held to mean, the time
fur which he acted.
I will, therefore, move at the proper time,
to strike out the last clause of this section,
and insert the following :
"Or shall, during the whole period of said
time, be appointed to any civil office by the
executive or the general assembly."
I will not offer it now, because it is antag-
onistic to the amendment now pending; and
if that. amendment is adopted there will be
no use in my submitting the one I have indi-
cated.
The question was then taken on the amend-
ment of Mr. STOCKBRIDGE, to strike out the
words " said term," and insert the words
"time he shall continue to be a senator or
delegate;" and it was rejected.
Mr. STIRLING. I now submit the following
amendment to section twenty-two:
Strike out the wolds—''or shall, during
said term, hold any office, or receive the sal-
ary or profits of any office under the appoint-
ment of the executive or general assembly,"
and insert the following:
"Or shall during said whole period of
time be appointed lo any civil office by the
executive or general assembly."
I desire to make but one or two remarks
upon ibis amendment. I do not think it
proper to allude to some things that took place
last winter, because it gave me great pleasure
then to see the gentleman placed upon the
bench that was placed there. And so far as
my opinion was concerned at that time, upon
b not very deliberate reading of the section I
will admit, I came to the conclusion that this
clause did not prohibit that appointment.
But it strikes me now that such an appoint-
ment ought to be prohibited. If you appoint
a member of the senate to any office, it places
the colleagues of that member in a peculiar
position. It is almost impossible to get them
to reject him, because they have every in-
ducement to act, not according to their sense
of duty, but their sense of social fellowship
In the first place, it offers an inducement to
5 |
the Legislature to forward the interests of
one of its own members, if they have an
office to give. And in the next place, it ena-
bles the executive to purchase the co-opera-
tion of a member of the general assembly,
and obtain his support to certain measures,
by promising him an appointment to office.
It is perfectly well known that under the
administration of Mr. Buchanan, at least
three members of Congress changed their
votes on the Lecompton bill, and all three of
those members received appointments to
office from that administration. I think
such appointments ought to be prohibited,
and that the executive ought not to be al-
lowed to go into the general assembly to
seek appointees to office. I want to pre-
vent any resignation to obtain office, and
therefore I offer this amendment.
Mr. CHAMBERS. I rise to add but one sin-
gle remark to what has been already said.
We are legislating here for all the people of
the State, Is it right, is it proper, when va-
cancies in office occur, to give the members
of the Legislature the advantage which they
necessarily have, by constant intercourse with
the executive. A member is here the whole
winter in constant intercourse with the ex-
ecutive, while other people quite as well
qualified in every way have no such opportu-
nity. It is unjust to the people of the com-
munity at large, and utterly against every
principle which I think ought control the
character of the members of the Legislature.
I hope this amendment will prevail, so as to
effectually prevent any such thing in future.
The question being taken upon the amend-
ment of Mr. STIRLING, it was adopted.
No further amendment being offered to sec-
tion twenty-two, sections twenty-three and
twenty-lour were read, as follows :
MISCELLANEOUS.
"Section 23. Each House may punish by
imprisonment, during the session of the Gen-
eral Assembly, any person not a member, for
disrespectful or disorderly behavior in its
presence, or for obstructing any of its pro-
ceedings, or any of its officers in the execu-
tion of their duties; provided such imprison-
ment shall not, at any one time, exceed ten
days.
" Section 24. The members of each House
shall in all cases, except treason, felony, or
other criminal offence, be privileged from ar-
rest during their attendance at the session of
the General Assembly, and in going to and
returning from the same, allowing one day
for every thirty-five miles such member may
reside from the place at which the General
Assembly is convened."
Mr. STOCKBRIDGE. I move to strike out
section twenty-four, for the simple reason
that I think it is nonsense as it now stands.
Since the abolition of imprisonment for debt
in this State, there is no arrest under our law |
