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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2630   View pdf image (33K)
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[Dec. 19] DEBATES 2631

PEDIA BRITTANICA with an article on John
Hanson, who was indeed not the delegate
to the Constitutional Convention of 1787 —
he having departed this life before it con-
vened — but was the first President of the
United States under the Articles of Con-
federation. The MARYLAND MANUAL lists
John Hanson as a delegate from Maryland
to the Continental Congress from 1780 to
1783, and there is a book entitled JOHN
HANSON, OUR FIRST PRESIDENT, by Sey-
mour Smith.

I do not believe any convention could
have more research done more quickly on
a chance remark.

(Laughter.)

Let the record be corrected, the John
Hanson was indeed not the delegate to the
Constitutional Convention of 1787 referred
to by the Chair but, instead, was the first
President of the United States.

Delegate Hanson.

DELEGATE HANSON: Mr. Chairman,
my remote and indirect ancestor thanks
you for correcting this record.

THE CHAIRMAN: I neglected to men-
tion the fact also that the Chief Page
sends me another contribution. There is a
John Hanson Highway in Maryland dedi-
cated a year and a half ago.

Are there any further amendments to
Committee Recommendation GP-10?

Delegate Bamberger, do you desire to
offer your Amendment B?

DELEGATE BAMBERGER: Yes, sir.

THE CHAIRMAN: Pages will please
distribute amendment B. This will be
Amendment No. 3.

The Clerk will read the amendment.

READING CLERK: Amendment No. 3
to Committee Recommendation GP-10 by
Delegate Bamberger: On page 1 in line 6
after the word "elected" add the word
"state".

THE CHAIRMAN: The amendment is
submitted by Delegate Bamberger. Is there
a second.

(Whereupon, the motion was duly sec-
onded.)

THE CHAIRMAN: Delegate Byrnes sec-
onds.

The Chair recognizes Delegate Bam-
berger.

DELEGATE BAMBERGER: The pur-
pose of the amendment is only to make it
clear that the power of impeachment by the
House of Delegates and the judicial tri-
bunal does not extend to elected officials
of any county, municipality, or any other
unit of government other than the state
government.

It did seem to me that that was probably
what the Committee intended, because when
they spoke of other state officers, pre-
sumably appointed officers, they made it
clear that there they only referred to state
officers.

It is generally held that the power of
impeachment is a conferred power, and
there is also some authority for the prop-
osition that the power of impeachment by
a state legislature does not extend to county
officers.

I would also like to clear up at this point
one part of the record which might be
unclear from the remarks of Delegate
Malkus.

Delegate Malkus I think suggested that
the House of Delegates might have the
power to impeach a senator. I think it has
been said by the Committee Chairman and
others in this discussion that the power of
impeachment does not extend to members
of the General Assembly. That is not the
purpose of this amendment. The only pur-
pose of this amendment is to make it clear
that the power of impeachment by the
General Assembly applies only to elected
state officials.

THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?

THE CHAIRMAN: The Chair hears
none.

Delegate Boyer.

DELEGATE BOYER: Mr. Chairman, it
was our intention that this was elected
state officers, and unless there is some ob-
jection from any member of the Committee
I would suggest that we concur in the
amendment.

THE CHAIRMAN: Is there any fur-
ther discussion?

(There was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2630   View pdf image (33K)
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