The executive officer has the right to certify,
but you must come back to the legislature
at last in order to get the money out of the
treasury. It is not safe to put such a pro-
vision in the treasury as this. The legisla-
ture must provide general regulations under
which the comptroller of the treasury can
decide whether a man has, paid too much
money into the treasury, and I think it would
be safer to let the legislature make mistakes
than to give power to the officers of the trea-
sury to take money out of the treasury.
Mr. NEGLEY. The objection of the gentle-
man from Baltimore city (Mr. Stirling) I
think is not a valid one. I think when the
legislature of Maryland passes a general law
covering the cases intended to be covered,
that is) cases of money paid improperly into
the treasury, specifying the mode and man-
ner in which a certain tribunal shall investi-
gate the claim; and upon the investigation
and decision that the money has been im-
properly paid in, authorizing that tribunal
functionary to pay it back. Is not that re-
funding money out of the treasury by a law
of the legislature? Unquestionably it is.
The money is refunded by a law of the leg-
islature, which authorizes the intervention
of a tribunal to investigate the claim and ad-
judicate it.
Mr. STIRLING. The universal interpreta-
tion put upon the Constitution has always
been that that provision means that each
specific sum of money taken from the trea-
sury must be appropriated in so many dollars
and cents. My friend, the President of this
Convention, (as comptroller of the State,)
knows that such is the interpretation; not
that it must come within the provisions of
general law, but the specific amount to be
paid to the individual must be drawn from
the treasury by appropriation. Congress has
created a court of claims and authorized them
to adjudicate claims against the Govern-
ment. Yet they do not provide that this cer-
tification of the court of claims shall consti-
tute a warrant upon the treasury. But all
those certificates of the court must go to
Congress, who must determine whether the
money shall or shall not be paid out of the
treasury, and Congress does not direct the
payment of one-half the claims which the
court have awarded.
Mr. NEGLEY. The only difficulty would be
this, that the proper tribunal, or the pro-
per officers who may beauthorized by general
law to investigate into this improper pay-
ment, should report to the legislature, and
they can pass an order to that effect. That
would be a better way of providing for the
refunding of this money than to allow mem-
bers of the legislature, who know nothing
about the case, to pay out money without any
investigation at all.
Mr. GOLDSBOROUGH (President.) [Mr. Dent
in the Chair.] I would suggest to the gen- |
tleman from Baltimore city (Mr. Stockbridge)
the propriety of modifying his proposition in
the manner suggested by the gentleman from
Washington (Mr. Negley.) This is a very
important matter. I have, of course, had
official connection with this matter, and
know to what extent this matter has gone.
The pending proposition is a mere prohibition
upon the right of the legislature to pass pri-
vate local measures or legislation upon this
subject; that is the extent and object of this
amendment. It does not deny to the legis-
lature to pass a general law covering these
cases. It does not deny to the legislature
any power, which as the body representing
the people, the entire people of the State, it
necessarily possesses. It does not deny its
inherent sovereign power to legislate for the
whole body of the people of Maryland. It
only prevents the legislature from being con-
trolled by such influences which we have
seen have grown up here from time immemo-
rial. Ever since I have had any knowledge
of legislative business, it has been possible
for a man without the slightest shadow of
right or justice, to smuggle a claim through
the legislature, and that directly in conflict
with the record in the treasury department.
I have myself, and so have my predecessors,
issued certificates from that department con-
taining statements of certain claims. And
notwithstanding that official knowledge, still
a powerful combination by local influences
and local measures, have carried these mea-
sures through the legislature, in violation of
the rights of the people in all other sections
of the State. I do not say that the legislature
should not possess this power; but I say that
some check should be imposed upon its exer-
cise. And I would suggest to the gentleman
from Baltimore city (Mr. Stockbridge,) to
append to his proposition this provision, or
something like this:
"unless recommended by the governor
and officers of the treasury department."
The legislature then will possess the power
to pass these local measures, provided they
are recommended by the proper officers of
the government. I would be willing to go
that far; but no farther. According to the
present system it is a matter or very frequent
occurrence that the most of the session of the
legislature has been absorbed in local busi-
ness to the entire exclusion of the public bu-
siness of the State. Of what is that legisla-
tion composed? Of laws for the changing
of names, road laws, fees of various officers
throughout the State, changing the fees of
the officers of Prince George's county, or any
other county upon the Eastern Shore, or the
Western Shore, and a variety of local legis-
lation which ought to be intrusted to the
local authorities, who have a full knowledge
of the subjects to be acted upon.
But at present the claimants come here
and appeal to members of the legislature, and |
