DEBATES AND PROCEEDINGS
O0 TEE
MARYLAND REFO M CONVENTIO0
TO
REVISE THE STATE CONSTITUTION,
TO WHICH ARE PREFIXED
THF-I: BILL OF RIGHTS AND CONSTITUTION AS ADOPTEDB
PUBLISHED
BY ORDER OF THE CONVENTIONd
VOLUME I.
ANNAPOLIS:'WILLIAM M'NEIR, OFFICIAL PRINTERi
1g551








iBLA$A                    M     tAT O  1G T S
WE, the People of the State of Maryland, grate- surd, slavish and destructive of the good and
ful to Almighty God for our civil and religi- happiness of mankind.
ous liberty, and taking into our serious con-  Art. 5. That the tight of the people to par.
sideration the best means of establishing a ticipate in the Legislature is the best security of
good Constitution in this State, for the sure liberty, and the foundation of all free governfoundation and more permanent security ment; for this purpose elections ought to he free
thereof, DECLARE:                       and frequent, and every free white male citizen
Art. 1. That all government of right origi- having the qualifications prescribed by the Connates from the people, is founded in compact stitution, ought to have the right of suffrage.
only, and instituted solely for the good of the  Art. 6. That the legislative, executive and
whole: and they have at all times according to judicial powers of government ought to be for
the mode prescribed in this Constitution, the ever separate and distinct from each other; and
unalienable right to alter, reform, or abolish no person exercising the functions of one of said
their form of Government, in such manner as departments shall assume or discharge the du.
they may deem expedient.                  ties of any other.
Art. 2. That the people of this State ought  Art. 7. That no power'of suspending laws,
to have the sole and exclusive right of regulat- or the execution of laws, unless by or derived
ing the internal government and police thereof. fio:n the Legislature, ought to be exercised or
Art. 3. That the inhabitants of Maryland are allowed.
entitled to the common law of England, and  Art. 8. That freedom of speech and debate
the trial by jury according to the course of that or proceedings in the Legislature, ought not to
law, and to the benefit of such of the English be impeached in any court of judicature.
statutes as existed on the fourth day of July,  Art. 9. That Annapolis be the place for the
seventeen hundred and seventy-six, and which meeting of the Legislature; and the Lecislature
by experience have been found applicable to ought not to be convened or held at any other
their local and other circumstances, and have place but from evident necessity.
been introduced, used and practiced by the   Art. 10. That for the redress of grievances,
courts of law or equity, and also of all acts of and for amending, strengthening and preserving
Assembly in force on the first Monday of No- the laws, the Legislature ought to be frequently
vember, eighteen hundred and fifty, except such convened.
as may have since expired, or may be altered  Art. 11. That every man hath a right to peby this Constitution, subject, nevertheless to the tition the Legislature for the redress of grievances
revision of, and amendment or repeal by the in a peaceable and orderly manner.
Legislature of this State; and the inhabitants of  Art. 12. That no aid, charge, tax, burthen,
Maryland are also entitled to all property de- or fees, ought to be rated or levied, under any
rived to them from or under the charter, granted pretence, without the consent of the Legislature.
by his Majesty Charles the First to Cnecilius  Art. 13. That-the levying of taxes by the poll
Calvert, Baron of Baltimore.              is grievous and oppressive and ought to be abolArt. 4. That all persons invested with the ished; that paupers ought not to be assessed for
legislative or executive powers of -overnment the support of government, but every other perare the trustees of the public, and as such ac. son in the State, or person holding property
countable for their conduct; whenever the ends therein, ought to contribute his proportion of
of government are perverted, and public liberty public taxes, for the support of government, acmanifestly endangered, and all other means of cording to his actual worth in real or personal
redress are ineffectual, the people may, and of property; yet fines, duties or taxes may properly
right ought to reform the old or establish a new  and justly be imposed or laid, on persons or progovernment; the doctrine of non-resistance perty, with a political view, for the good governagainst arbitrary power and oppression is ab- ment and benefit of the community.




4
At. 14. That sanguinary laws ought to be   Art. 24, That no conviction shall work cord
avoided, so far as is consistent with the safety of ruption of blood, or forfeiture of estate.
the State; and no law to inflict cruel and unusual  Art. 25. That a well regulated militia is the
pains and penalties ought to be made in any case, proper and natural defence of a free Governor at any time hereafter.                  ment,
Art. 15. That retrospective laws, punishing  Art. 26. That standing armies are dangerous
acts committed before the existence of said laws, to liberty, and ought not to be raised or kept
and by them only declared criminal, are oppres- up without consent of the Legislatures
sive, unjust and incompatible with liberty;  Art. 27. That in all cases and at all times,
wherefore, no expost facto law ought to be made. the military ought to be under strict subordinaa
Art. 16. That no law to attaint particular per- tion to, and control of the civil power.
sons of treason or felony, ought to be made in any  Art 28. That no soldier ought to be quarcase, or at any time hereafter.            tered in any house in time of peace without the
Art. 17. That every free man, for any injury consent of the owner, and in time of war in
done to him in his person or property, ought to such manner only as the Legislature shall
have remedy by the course of the law of the direct.
land, and ought to have justice and right, freely  Art. 29. That no person except regular solwithout sale, fully without any denial, and diers, mariners, and marines, in the service of
speedily without delay according to the law of this State, or militia when in actual service,
the land.                                  ought in any case to be subject to or punish~
Art. 18. That the trial of facts where they able by martial law,
arise, is one of the greatest securities of the  Art. 30. That the independency and upright,
lives, liberties, and estate of the people.  ness of Judges are essential to the impartial
Art. 19. That in all criminal prosecutions, administration of justice, and a great security
every man hath a right to he informed of the to the rights and liberties of the people, whereaccusation against him; to have a copy of the fore the Judges shall not be removed except for
indictment or charge, in due time (if required) misbehaviour, on conviction in a court of law,
to prepare for his defence; to be allowed counsel, or by the Governor, upon the address of the
to be confronted with the witnesses against him; General Assembly; provided, that two thirds of
to have process for his witnesses; to examine the all the members of each House concur in such
witnesses for and against him on oath; and to a address. No Judge shall hold any other offices
speedy trial by an impartial jury, without whose civil or military, or political trust or employunanimous consent he ought not to be found ment of any kind whatsoever, under the Conguilty.                                    stitution or Laws of this State, or of the United
Art. 20. That no man ought to be compelled States, or any of them, or receive fees or per~
to give evidence against himself in a court of quisites of any kind for the discharge of his
common law, or in any other court, but in such official duties.
cases as have been usually practiced in this State,  Art. 31. That a long continuance in the exeor may hereafter be directed by the Legislature. cutive departments of power or trust, is dangerArt. 21. That no free man ought to be taken ous to liberty; a rotation, therefore, in those
or imprisoned, or disseized of his freehold, liber- departments is one of the best securities of perties or privileges, or outlawed, or exiled, or in manent freedom.
any manner destroyed, or deprived of his life,  Art. 32, That no person ought to hold at the
liberty or property, but by the judgment of his same time more than one office of profit, created
peers, or by the law of the land; provided, that by the Constitution or laws of this State; nor
nothing in this article shall be so construed as to ought any person in public trust to receive any
prevent the Legislature from passing all such present from any Foreign Prince, or State, or
laws for the government, regulation and disposi- from the United States, or any of them, withtion of the free colored population of this State out the approbation of this State.
as they may deem necessary.                  Art. 33. That as it is the duty of every man
Art. 22. That excessive bail ought not to be to worship God in such manner as he thinks
required, nor excessive fines imposed, nor cruel most acceptable to Him, all persons are equally
or unusual punishment inflicted by the courts of entitled to protection in their religious liberty;
law.                                       wherefore, no person ought, by any law, to be
Art. 23. That all warrants, without oath, or molested in his person or estate, on account of
affirmation, to search suspected places, or to seize his religious persuasion or profession, or for
any person or property, are grievous and oppres- his religious practice, unless under color of resive; and all general warrants to search suspected ligion, any man shall disturb the good order,
places, or to apprehend suspected persons, with- peace or safety of the State; or shall infringe
out naming or describing the place, or the per- the laws of morality, or injure others in their
son in special, are illegal and ought not to be natural, civil or religious rights; nor ought any
granted.                                   person be compelled to frequent or maintain or




5
contribute, unless on contract, to maintain any worship, or parsonage, or for a. burying' ground,
place of worship or any ministry; nor shall any which shall be improved, enjoyed or used only
person be deemed incompetent as a witness-.or for such purpose; or such sale, gift, lease or
juror, who believes in the existence of a God, devise, shall be void.
and that under his dispensation such person will  Art. 36. That the manner of administering an
be held morally accountable for his acts, and be oath or affirmation to any person ought to be such
rewarded or punished therefor, either in this as those of the religious persuasion, profession or
world or the world to come.               denomination of which he is a member, generArt. 34. That no other test or qualification ally esteem the most effectual confirmation by
ought to be required on admission to any office the attestation of the Divine Being.
of trust or profit, than such oath of office as  rt. 37. That the cityof Annapolis ought to
may be prescribed by this Constitution, or by have all its rights, privileges and benefits, agreethe Laws of the State, and a declaration of be- ably to its Charter, and the Acts of Assembly
lief in the Christian religion;-and if the party confirming and regulating the same; subject to
shall profess to be a Jew, the declaration shall  ch alterations as have been or as may be made
be of his belief in a future state of rewards and bythe Legislature.
punishments. That evey g, se                Art. 38. That the liberty of the press ought
Art. 35. That every gift, sale or devise of t be inviolably preserved.
to be inviolably preserved.
land to any minister, public teacher or preacher
of the gospel, as such, or to any religious sect,  Art. 39.  hat monopoles are odious, contrary
order or denomination, or to or for the support, to the spirit of a free government and the prinuse or benefit of, or in trust for any minister, ciples of commerce, and ought not to be suffered.
use or benefit of, or in trust for any minister,
ublic teacher, or, preacher of the gospel, a- Art. 40. That no title of nobility or hereditary
public teacher, or preacher of the gospel, as                       this Stae.
such, or any religious sect, order or denomi-honors ought to be granted in this State.
nation, and every gift or sale of goods or chat-  Art. 41. That the Legislature ought to entels to go in succession, or to take place after courage the diffusion of knowledge and virtue,
the death of the seller or donor, to or for such the promotion of literature, the arts, sciences,
support, use or benefit; and, also, every devise agriculture, commerce and manufactures, and
of goods or chattels, to or for the support, use the general melioration of the condition of the
or benefit of any minister, public teacher or people.
preacher of the gospel, as such, or any religi-  Art. 42. This enumeration of rights shall not
ous sect, order or denomination, without the be construed to impair or deny others retained by
leave of the Legislature, shall be void; except the people.
always, any sale, gift, lease or devise of any  Art. 43. That this Constitution shall not be
quantity of land not exceeding five acres for altered, changed or abolished, except in the
a church, meeting house or other house of manner therein prescribed and directed.
O N STI-TIT IO N.
ARTICLE I.                  son to vote for such officer, he must have been a
resident of that part of the county or city which
Elective Franchse.shall form a part of the electoral district in
Sec. 1. Every free white male person of which he offers to vote, for six months next pretwenty-one years of age or upwards, who shall ceding the election, but a person who shall have
have been one year next preceding the election acquired a residence in such county or city ena resident of the State, and for six months a titling him to vote at any such election, shall be
resident of the city of Baltimore, or of any entitled to vote in the election district from which
county in which he may offer to vote, and being he removed, until he shall have acquired a resiat the time of the election a citizen of the United dence in the part of the county or city to which
States, shall be entitled to vote in the ward or he has removed.
election district in which he resides, in all elec-  Sec. 2. That if any person shall give, or offer
tions hereafter to be held; and at all such elec- to give directly or indirectly, any bribe, present
tions the vote shall be taken by ballot. And in or reward, or any promise, or any security for
case any county or city shall be so divided as to the payment or delivery of any money or any
form portions of different electoral districts for other thing, to induce any voter to refrain from
the election of Congressmen, Senator, Delegate casting his vote, or forcibly to prevent him in any
or other officer or officers, then to entitle a per- way from voting, or to obtain or procure a vote




6
for any candidate or person proposed or voted for, ful and corrupt perjury, and be thereafter incaas elector of President and Vice President of the pable of voting at any election, and also incapable
United States, or Representative in Congress, or of holding any ffice of profit or trust in this
for any office of profit or trust, created by the State.
constitution or laws of this State, or by the  Sec. 5. That no person above the age of
ordinances or authority of the Mayor and City twenty-one years, convicted of larceny or other
Council of Baltimore, the person giving or offer- infamous crime, unless he shall be pardoned by
ing to give, and the person receiving the same, the Executive, shall ever thereafter be entitled
and any person who gives or causes to be given to vote at any election in this State, and no peran illegal vote, knowing it to be so, at any elec- son under guardianship as a lunatic, or as a pertion to be hereafter held in this State, shall on son non compos mentis, shall be entitled to vote.
conviction in a court of law, in addition to the         ARICLE
penalties now or hereafter to be imposed by law,
be for ever disqualified to hold any office of profit  Executive Department.
or trust, or to vote at any election thereafter.  Sec. 1. The executive power of the State
Sec. 3. It shall be the duty of the General shall be vested in a Governor, whose term of
Assembly of Maryland to pass laws to punish office shall commence on the second Wednesday
with fine and imprisonment any person who of January next ensuing his election, and conshall remove into any election district or ward tinue for four years, or until his successor shall
of the city of Baltimore, not for the purpose of have qualified.
*acquiring a hona fide residence therein, but for  Sec. 2. The first election for Governor under
the purpose of voting therein at an approaching this constitution shall be held on the first Wedelection, or who shall vote in any election dis- nesday of November, in the year eighteen huntrict or ward in which he does not reside, (ex- dred and fifty-three, and on the same day and
cept in the case provided for in the first article month in every fourth year thereafter, at the
of the constitution,) or shall, at the same elec- places of voting for delegates to the General
tion, vote in more than one election district or Assembly, and every person qualified to vste for
ward, or shall vote or offer to vote in any name delegates shall be qualified and entitled to vote
not his own, or in place of any other person of for Governor; the election to be held in the same
the same name, or shall vote in any county in manner as the election of delegates, and the rewhich he does not reside.                  turns thereof, under seal, to be addressed to the
Sec. 4. Every person elected or appointed to Speaker of the House of Delegates, and enany office of profit or trust under the constitution closed and transmitted to the Secretary of State,
or laws made pursuant thereto, before he shall | and delivered to the said Speaker at the cornenter upon the duties of such office shall take mencement of the session of the Legislature next
and subscribe the following oath or affirmation: ensuing said election.
I, A B, do swear(or affirm, as the case may be,)  Sec. 3. The Speaker of the House of Delethat I will support the constitution of the United gates shall then open the said returns in the
States, and that I will be faithful and bear true presence of both houses, and the person having
allegiance to the State of Maryland, and support the highest number of votes, and being constituthe constitution and laws thereof; that I will to tionally eligible, shall be the Governor, and shall
the best of my skill and judgment diligently and qualify in the manner herein prescribed, on the
faithfully, without partiality or prejudice, exe- second Wednesday of January next ensuing his
cute the office of  -  according to the consti- election, or as soon thereafter as may be practitution and laws of this State, and that since the cable.
adoption of the present constitution, I have not  Sec. 4. If two or more persons shall have the
in any manner violated the provisions thereof in highest and an equal number of votes, one of
relation to bribery of voters or preventing legal them shall be chosen Governor;by the Senate
or procuring illegal votes to be given; (and if a and House of Delegates; and all questions in
Governor, Senator, member of the House of Del- relation to the eligibility of Governor, and to
egates, or Judge,) "that I will not directly or I the returns of said election, and to the number
indirectly receive the profits or any part of the and legality of votes therein given, shall be deprofits of any other office during the time of my termined by the House of Delegates. And if
acting as ----.   And if any person elected the person, or persons, having the highest numor appointed to office as aforesaid, shall refuse or ber of votes be ineligible, the Governor shall be
neglect to take the said oath or affirmation, he chosen by the Senate and House of Delegates.
shall be considered as having refused to accept Every election of Governor, by the Legislature,
the said office, and a new election or appoint- shall be determined by a joint majority of the
ment shall be made as in case of refusal or resig- Senate and House of Delegates, and the vote
nation, and any person swearing or affirming shall be taken viva voce. But if two or more
falsely in the premises shall, on conviction there- persons shall have the highest and an equal
of in a court of law, incur the penalties for will- number of votes, then a second vote shall be




7
taken, which shall be confined to the persons  Sec. 10. He shall take care that the laws be
having an equal number; and if the votes should faithfully executed.
again be equal, then the election of Governor  Sec. 11. He shall nominate, and by and with
shall be determined by lot between those who the advice and consent of the Senate, appoint
shall have the highest and an equal number on all civil and military officers of the State whose
the first vote.                            appointment or election is not otherwise herein
Sec. 5. The State shall be divided into three provided for, unless a different mode of appointdistricts; St. Mary's, Charles, Caivert, Prince ment be prescribed by the law creating the office.
George's, Anne Arundel,Montgomery and How-'  Sec. 12. In case of any vacancy during the reard counties, and the city of Baltimore, to be cess of the Senate, in any office which the Govthe first; the eight counties of the Eastern Shore ernor has power to fill, he shall appoint some
to be the second; and Baltimore, Harford, Fred- suitable person to said office, whose commission
erick, Washington, Allegany and Carroll coun- shall continue in force till the end of the next
ties, to be the third. The Governor, elected session of the Legislature, or till some other perfrom the third.district in October last, shall con- son is appointed to the same office, which ever
tinue in office during the term for which he was shall first occur, and the nomination of the perelected. The Governor shall be taken from the son thus appointed during the recess, or of some
first district, at the first election of Governor other person in his place, shall be made to the
under this constitution; from the second district Senate within thirty days after the next meeting
at the second election; and from the third district of the, Legislature.
at the third election; and in like manner, after-  Sec. 13. No person after being rejected by the
wards, from each district, in regular succession. Senate, shall be again nominated for the same
Sec. 6. A person to be eligible to the office of office at the same session, unless at the request
Governor, must have attained the age of thirty of the Senate; or be appointed to the same office
years, and been for five years a citizen of the during the recess of the Legislature.
United States, and for five years next preced-  Sec. 14. All civil officers appointed by the
ing his election a resident of the State, and for Governor and Senate, shall be nominated to the
three years a resident of the district from which Senate within fifty days,from the commencehe was elected.                            ment of each regular session of the Legislature;
Sec. 7. In case ef the death or resignation of and their term of office shall commence on the
the Governor, or of his removal from the State, first Monday of May next ensuing their appointthe General Assembly, if in session, or if not, at ment, and continue for two years, (unless sooner
their. next session, shall elect some other quali- removed from office,) and until their successors,
fled resident of the same district, to be the Gov- respectively, qualify according to law.
ernor for the residue of the term for which the  Sec. 15. The Governor may suspend or arrest
said Governor had been elected.            any military officer of the State, for disobedience
Sec. 8. In case of any vacancy in the office of of orders, or other military offence, and may reGovernor during the recess of the Legislature, move him in pursuance of the sentence of a courtthe President of the Senate shall discharge the martial; and may remove for incompetency or
duties of said office till a Governor is elected as misconduct; all civil officers who receive apherein provided for; and in case of the death or pointments from the executive for a term not
resignation of said President, or of his removal exceeding two years.
from the State, or of his refusal to serve, then  Sec. 16. The Governor may convene the
the duties of said office shall, in like manner, Legislature, or the Senate alone, on extraordiand for the same interval, devolve upon the nary occasions; and whenever from the presence
Speaker of the House of Delegates, and the of an enemy, or from any other cause, the seat of
Legislature may provide by law for the case of government shall become an unsafe place for the
impeachment or inability of the Governor, and meeting of the Legislature, he may direct their
declare what person shall perform the executive sessions to be held at some other convenient
duties during such impeachment or inability; place.
and for any vacancy in said office, not herein  Sec. 17. It shall be the duty of the Governor
provided for, provision may be made by law, and semi-annually, and oftener if he deem it expeif such vacancy should occur without such pro- dient, to examine the bank book, account books,
vision being made, the Legislature shall be con- and official proceedings of the Treasurer and
vened by the Secretary of State for the purpose Comptroller of the State.
of filling said vacancy.                     Sec. 18. He shall fram time to time inform
Sec. 9. The Governor shall be commander in the Legislature of tie condition of the State,
chief of the land and naval forces of the State, and recommend to their consideration such meaand may call out the militia to repel invasions, sures as he may judge necessary and expedient.
suppress insurrections, and enforce the execution  Sec. 19. He shall have power to grant reof the laws; but shall not take the command in prieves and pardons except in cases of impeachperson without the consent of the Legislature. ment, and in cases in which he is prohibited by




other articles of this Constitution, and to remit less than sixty-five; and until the apportionment
fines and forfeitures for offences against the is made under the census of eighteen hundred
State; but shall not remit the principal or inter- and sixty, St. Mary's county shall be entitled
est of any debt due to the State except in cases to two delegates; Kent two; Anne Arundel three;
of fines and forfeitures; and before granting a Calvert two; Charles two; Baltimore county six;
nolle prosequi, or pardon, he shall give notice in Talbot two; Somerset four; Dorchester three;
one or more newspapers of the application made Cecil three; Prince George's three; Queen
for it, and of the day, on or after which his de- Anne's two; Worcester three; Frederick six;
cision will be given; and in every case in which Harford three; Caroline two; Baltimore city ten;
he exercises this power he shall report to either Washington five; Montgomery two; Allegany
branch of the Legislature, whenever required, four; Carroll three and Howard two.
the petitions, recommendations and reasons    Sec. 4. The members of the House of Delewhich influence his decision.               gates shall be elected by the qualified voters of
Sec. 20. The Governor shall reside at the seat the counties and city of Baltimore respectively,
of government, and shall receive for his services to serve for two years from the day of their
an annual salary of thirty-six hundred dollars.  election.
Sec. 21. When the public interest requires it,  Sec. 5. The first election for delegates shall
he shall have power to employ counsel, who take place on the first Wednesday of Novemshall be entitled to such compensation as the ber, eighteen hundred and fifty-one; and the
Legislature may allow  in each case after the elections for delegates, and for one half of the
services of such counsel shall have been per- senators as nearly as practicable, shall beheld on
formed.                                     the same day in every second year thereafter,
Sec. 22. A Secretary of State shall be ap- but an election for senators shall be held in the
pointed by the Governor, by and with the ad- year eighteen hundred and fifty-one in Howard
vice and consent of the Senate, who shall con- county and all those counties in which senators
tinue in office, unless sooner removed by the were elected in the year eighteen hundred and
Governor, till the end of the official term of the forty-six.
Governor from whom he received his appoint-   Sec. 6. Immediately after the Senate shall
ment, and shall receive an annual salary of one have convened after the first election under this
thousand dollars.                           constitution, the senators shall be divided by lot,
Sec. 23. He shall carefully keep and preserve into two classes, as nearly equal in number as
a record of all official acts and proceedings, may be, the senators of the first class shall go
(which may, at all times, be inspected by a out of office at the expiration of two years, and
committee of either branch of the Legislature,) senators shall be elected on the first Wednesday
and shall perform such other duties as may be of November, eighteen hundred and fifty three,
prescribed by law, or as may properly belong to for the term of four years, to supply their places;
his office.                                 so that, after the first election, one-half of the
ARTICLE III.                  senators may be chosen every second year; provided, that in no case shall any senator be placed
Legislative Department,            in a class which shall entitle him to serve for a
Sec. 1. The legislature shall consist of two longer term than that for which he was elected.
distinct branches, a Senate and a House of Del- In case the number of senators be hereafter inegates, which shall be styled "The General creased, such classification of the additional senAssembly of Maryland."                      ators shall be made as to preserve as nearly as
Sec. 2. Every county of the State and the may be an equal number in each class.
city of Baltimore, shall be entitled to elect one  Sec. 7. The General Assembly shall meet on,
Senator, who shall be elected by the qualified the first Wednesday of January, eighteen hunvoters of the counties and city of Baltimore re- dred and fitty-two, on the same day in the year
spectively, and who shall serve for four years eighteen hundred and fifty-three, and on the
from the day of their election.             same day in the year eighteen hundred and fiftySec. 3. The Legislature at its first session four, and on the same day in every second year
after the returns of the National Census of thereafter, and at no other time, unless convened
eighteen hundred and sixty are published, and by the Proclamation of the Governor.
in like manner after each subsequent census,  Sec. 8. The General Assembly may continue
shall apportion the members of the House of their first two sessions after the adoption of this
Delegates among the'several counties of the constitution, as long as in the opinion of the two
State, according to the population of each, and Houses, the public interests may require it, but
shall always allow to the city of Baltimore four all subsequent regular sessions of the General
more delegates than are allowed to the most Assembly shall be closed on the tenth day of
populous county, but no county shall be entitled March next ensuing the time of their commenceto less than two members, nor shall the whole ment, unless the same shall be closed at an earnumber of delegates ever exceed eighty or be lier day by the agreement of the two Houses.




9
Sec. 9. No person shall be eligible as a Sen- or.section of law shall be revived, amended or
ator or Delegate who, at the time of his election, repealed by reference to its title or section only;
is not a citizen of the United States, and who and it shall be the duty of the legislature at the
has not resided at least three years next preced- first session after the adoption of this constituing the day of his election in this State, and the tion, to appoint two commissioners learned in'the
last year thereof in the county or city which he law, to revise and codify the laws of this State;
may be chosen to represent, if such county or and the said commissioners shall report the said
city shall have been so long established, and if code, so formed, to the legislature, within a time
not then in the county from which, in whole or to be by it determined, for its approval, amendin part, the same may have been formed; nor ment or rejection, and if adopted after the reshall any person be eligible as a Senator, unless vision and codification of the said laws, it shall
he shall have attained the age of twenty-five be the duty of the legislature in amending any
years, nor as a Delegate, unless he shall have article or section thereof to enact the same as the
attained the age of twenty-one years at the time said article or section would read when amended.
of his election.                          And whenever the legislature shall enact any
Sec. 10. No member of Congress, or persons public general law, not amendatory of any secholding any civil or military office under the tion or article in the said code, it shall be the
United States, shall be eligible as a Senator or duty of the legislature to enact the same in ArDelegate, and if any person shall, after his elec- tides and Sections, in the same manner as the
tion as a Senator or Delegate, be elected to Con- said code may be arranged; and to provide for the
gress, or be appointed to any office, civil or mil- publication of all additions and alterations which
itary,underthe government of the United States, may be made to the said code, and it shall also
his acceptance thereof shall vacate his seat.  be the duty of the legislature to appoint one or
Sec. 11. No Minister or Preacher of the gos- more commissioners learned in the law, whose
pel, of any denomination, and, no person holding duty it shall be to revise, simplify and abridge
any civil office of profit or trust under this State, the rules of practice, pleadings, forms of convey.
except justices of the peace, shall be eligible as I ancing, and proceedings of the Courts of Record
Senator or Delegate.                      in this State.
Sec. 12. Each House shall be judge of the  Sec. 18. Any bill may originate in either
qualifications and elections of its members, sub- House of the General Assembly, and be altered,
ject to the laws of the State, appoint its own amended or rejected by the other; but no bill
officers, determine the rules of its own proceed- shall originate in either House during the last
ings, punish a member for disorderly or disres- three days of the session, or become a law,
pectful behaviour, and with the consent of two- until it be read on three dififrent days of the
thirds expel a member; but no member shall be session in each House, unless three-fourths of
expelled a second time for the same offence.  the members of the House, where such bill is
Sec. 13. A majority of each House shall con- pending, shall so determine.
stitute a quorum for the transaction of business,  SOc. 19. No bill shall become a law unless it
but a smaller number may adjourn from day to be passed in each House by a majority of the
day, and compel the attendance of absent mem- whole'number of members elected, and on its
bers in such manner and under such penalties as final passage the ayes and noes be recorded.
each House may prescribe.                    Sec. 20. No money shall be drawn from the
Sec. 14. The doors of each House and of com- Treasury of the State, except in accordance
mittees of the whole shall be open, except when with an appropriation made by law, and every
the business is such as ought to be kept secret.  such law shall distinctly specify the sum apSec. 15. Each House shall keepa journal of propriated and the object to which it shall be
its proceedings, and cause the same to be pub- applied, provided that nothing herein contained
lished. The yeas and nays of members on any shall prevent the Legislature from placing a
question shall, at the call of any five of them, contingent fund at the disposal of the Execuin the House of Delegates or one in the Senate, tive, who shall report to the Legislature at each
be entered on the journal.                 session the amount expended and the purposes
Sec. 16. Neither House shall, without the to which it was applied. An accurate statement
consent of the other, adjourn for more than three of the receipts and expenditures of the public
days; nor to any other place'than that in which money shall be attached, to and published with
the House shall be sitting, without the concur- the laws after each regular session of the Genrent vote of two-thirds of the members present. eral Assembly.
Sec. 17. The style of all laws of this State,  Sec. 21. No divorce shall be granted by the
shall be, "Be it enacted by the General Assem- General Assembly.
bly of Maryland," and all laws shall be passed  Sec. 22. No debt shall hereafter be contracted
by original bill,-and every law enacted by the by the Legislature, unless such debt shall be
legislature shall embrace but one subject, and authorized by a law providing for the collecthat shall be described in the title, and no law  tion of an annual tax or taxes sufficient to pay




10
the interest on such debt as it falls due, and place at which the General Assembly is conalso to discharge the principal thereof, within vened.
fifteen years from the time of contracting the  Sec. 27. No senator or delegate shall be
same, and the taxes laid for this purpose shall liable, in any civil action or criminal prosecunot be repealed or applied to any other object tion whatever, for words spoken in debate.
until the said debt and the interest thereon shall  Sec. 28. The House of Delegates may inbe fully discharged, and the amount of debts so quire, on the oath of witnesses, into all corncontracted and remaining unpaid shall never ex- plaints, grievances and offences, as the Grand
ceed one hundred thousand dollars. The credit Inquest of the State, and may commit any perof the State..shall not, in any manner, be given son for any crime to the public jail, there to
or loaned to or in aid of any individual, associ- remain until discharged by due course of lawation or corporation, nor shallthe General As- they may examine and pass all accounts of
sembly have the power, in any mode, to involve the State, relating either in the collection or
the State in the construction of works of Inter- expenditure of the revenue, and appoint audinal Improvement, or in any enterprise which tors to state and adjust the same-they may
shall involve the faith or credit of the State, or call for all public or official papers and records,
make any appropriations therefor. And they and send for persons whom they may judge
shall not use or appropriate the proceeds of necessary in the course of their inquiries conthe Internal Improvement companies, or of the cerning affairs relating to the public interest,
State tax now levied or which may hereafter and may direct all office bonds which shall be
be levied, to pay off the public debt, to any made payable to the State, to be sued for any
other purpose, until the interest and debt are breach of duty.
fully paid, or the sinking fund shall be equal  Sec. 29. In case of death, disqualification,
to the amount of the outstanding debt, but the resignation, refusal to act, expulsion or reLegislature may, without laying a tax, borrow  moval from the county or city for which he
an amount never to exceed fifty thousand dol- shall have been elected, of any person who
Jars, to meet temporary deficiencies in the shall have been chosen as a delegate or senTreasury, and may contract debts to any amount ator, or in case of a tie between two or more
that may be necessary for the defence of the such qualified persons, a warrant of election
State.                                   shall be issued by the Speaker of the I-ouse
Sec. 23. No extra compensation shall be of Delegates or President of the Senate, as
granted or allowed by the General Assembly to the case may be, for the election of another
any public officer, agent, servant or contractor person in his place, of which election, not
after the services shall have been rendered or less than ten days' notice shall be given ex.
the contract entered into. Nor shall the salary clusive of the clay of the publication of the
or compensation of any public officer be in- notice and of the day of election; and in case
creased or diminished during his term of office. of such resignation or refusal to act, being
Sec. 24. No senator or- delegate, after quali- communicated, in writing, to the Governor,
lying as such, shall, during the term for which by the person making it, or if such death oche was elected, be eligible to any office which cur during the legislative recess and more than
shall have been created, or the salary or profits ten days before its termination, it shall be the
of which shall have been increased, duringsuch duty of the Governor, to issue a warrant of
term, or shall, during said term, hold any office election to supply the vacancy thus created in
or receive the salary or profits of any office, the same manner that the said Speaker or
under the appointment of the Executive or Leg- President might have done during the session
islature.                                of the Legislature; provided, however, that
Sec. 25. Each House may punish, by impris- unless a meeting of the General Assembly
onment, during the session of the General As-.Iay intervene, the election thus ordered to fill
sembly, any person not a member, for disres- such vacancy shall be held on the day of the
pectful or disorderly behaviour in its presence, ensuing election for delegates and senators.
or for obstructing any of its proceedings or any  Sec. 30. The senators and delegates shall
of its officers in the execution of their duties; receive a per diem of four dollars and such
provided, such imprisonment shall not, at any mileage as may be allowed by law, and the
one time, exceed ten days.               presiding officer of each House shall be allowed
Sec. 26. The members of each I-louse shbll, an addition of one dollar per day. No book
in all cases, except treason, felony or other or other printed matter not appertaining to
criminal offence, be privileged from arrest du- the business of the session, shall be purchased
ring their attendance at the session of the or subscribed for, for the use of the memGeneral Assembly, and in going to and return- bers, or be distributed among them, at the
ing from the same, allowing one day for every public expense.
thirty miles such member may reside from the  Sec. 31. No law passed by the General As,




11
sembly, shall take effect until the first day of over and above office expenses, and compensaJune next, after the session at which it may tion to assistants; and provided further, that
be passed, unless it be otherwise expressly de- such compensation of clerks, registers, assistclared therein.                           ants and office expenses, shall always be paid
Sec. 32. No law shall be passed creating ou't of the lees or receipts of the offices rethe office of Attorney General.           spectively.
Sec. 33. The General Assembly shall have  Sec. 41. The House of Delegates shall
full power to exclude from the privilege of have the sole power of impeachment in all
voting at elections, or of holding any civil or cases, but a majority of all the members must
military office in this State, any person who concur in an impeachment; all impeachments
may thereafter be convicted of perjury, bribery shall be tried by the Senate, and when sitting
or other felony, unless such person shall have for that purpose, they shall be on oath or
been pardoned by the Executive.           affirmation to do justice according to the law
Sec. 34. Every bill when passed by the and evidence, but no person shall be convicted
General Assembly and sealed with the Great without the concurrence of two-thirds of all
Seal, shall be presented to the Governor, who the Senators.
shall sign the same in the presence of the pre-  Sec. 42. That it shall be the duty of the
siding officers and chief clerks of, the Senate Legislature, so soon as the public debt shall
and House of Delegates. Every law shall have been fully paid off, to cause to be transbe recorded in the office of the Court of Ap- ferred to the several counties and the city of
peals, and in due time be printed, published Baltimore, stock in the Internal Improvement
and certified under the great seal to the sev- companies, equal to the amount respectively
eral courts in the same manner as has been paid by each towards the erection and comheretofore usual in this State.           pletion of said works at the then market value
Sec. 35. No person who may hereafter be of said stock.
a collector, receiver or holder of public    Sec. 43. The Legislature shall not pass
moneys shall be eligible as senator or delegate any law abolishing the relation of master or
or to any office of profit or trust under this slave, as it now exists in this State.
State, until he shall have accounted for and  Sec. 44. No person shall be imprisoned for
paid into the Treasury all sums on the books debt.
thereof, charged to and due by him.          See. 45. The Legislature hereafter shall
Sec. 36. Any citizen of this State who grant. no charter for banking purposes or renew
shall, after the adoption of this constitution,anybanking corporation now  in existence,
either in or out of this State, fight a duel except upon the condition that the stockholders
with deadly weapons, or send or accept a and directors shall be liable to the amount of
challenge so to do, or who shall act as second. their respective share or shares of stock in such
or knowingly aid or assist in any manner, banking institution for all its debts and liabilithose thus offending, shall ever thereafter be ties upon note, hill or otherwise; and upon the
incapable of holding any office of trust or profit further condition that no director or other officer
under this State.                         of said corporation shall borrow any money from
Sec. 37. No lottery grant shall ever here- said corporation; and if any director or other
after beauthorized by the Legislature.   officer shall be convicted upon indictment of
Sec. 38. The General Assembly shall pass directly or indirectly violating this article, he
laws necessary to protect the property of the shall be punished by fine or imprisonment at
wife from the debts of the husband during her the discretion of the court. All banks shall be
life, and for securing the same to her issue open to inspection of their books, papers and
after her death.                          accounts, under such regulations as may be preSec. 39. Laws shall be passed by the Le- scribed by law.
gislature to protect from execution a rea-Sec. 46. The Legislature shall enact no law
sonable amount of the property of a debtor, not authorizing private property to be taken for pub
exceeding in value the sum  of five hundred                   compensation as agreed
dollars.                     \            lic use without Just compensation, as agreed
dlars.     upon between the parties or awarded by a jury,
Sec. 40. -The Legislature shall at its first being first paid or tendered to the party entitled
session after the adoption of this Constitution, to such compensation.
adopt some simple and uniform   system of    Sec. 47. Corporations may be formed under
charges in the offices of clerks of courts and general laws, but shall not be created by speregisters of wills in the counties of this State cial act, except for municipal purposes, and in
and the city of Baltimore, and for the collec. cases where, in the judgment of the Legislation thereof; provided, the amount ofcompensa. ture, the object of the corporation cannot be
tion to any of said officers shall not exceed the attained under general laws.  All laws and
sum of twenty-five hundred dollars a year, special acts, pursuant to this section, may be




12
altered from time to time, or repealed; provided from each of said districts by the legal and qualnothing herein contained shall be construed to ified voters therein, as a judge of the said Court
alter, change or amend in any manner the article of Appeals, who shall hold his office for the
in relation to banks.                     term of ten years from the time of his election,
Sec. 48. The Legislature shall make provi or until he shall have attained the age of sevension for all cases of contested elections of any ty years, whichever may first happen, and be reof the officers not herein provided for.  eligible thereto until he shall have attained the
Sec. 49. The rate of interest in this State age of seventy years and not after, subject to
shall not exceed six per cent. per annum, and removal for incompetency, willful neglect of
no higher rate shall be taken or demanded, and duty or misbehaviour in office, on conviction in a
the Legislature shall provide by law all neces- court of law, or by the Governor upon the adsary forfeitures and penalties against usury.  dress of the General Assembly, two-thirds of the
members of each House concurring in such adARTICLE IV.                 dress; and the salary of each of the judges of the
Judiciary Department.            Court of Appeals shall be two thousand five
Sec. 1. The Judicial power of this State shall hundred dollars annually, and shall not be inbe vested in a Court of Appeals, in Circuit creased or diminished during their continuance
Courts, in such Courts for the city of Baltimore in office; and no fees or perquisites of any kind
as may be hereinafter prescribed, and in Justi shall be allowed by law  to any of the said
ces of the Peace.                          udges.
Sec. 2. The Court of Appeals shall have ap-  Sec.. No Judge of the Court of Appeals
pellate jurisdiction only, which shall be co-ex- shall sit in any case, wherein he may be intensive with the limits of the State. It shall terested, or where either of the parties may
consist of a chief justice and three associate jus- he connected by affinity or consanguinity within
tices, any three of whom shall form a quorum, such degrees as may be prescribed by law, or
whose judgment shall be final and conclusive in when he shall have been of counsel in said
all cases of appeals; and who shall have the ju- case; when the court of appeals, or any of its
risdiction which the present Court of Appeals members, shall be thus disqualified to hear
of this State now has, and such other appellate and determine any case or cases in said court,
jurisdiction as hereafter may be provided for so that by reason thereof no judgmen t can be
by law. And in every case decided, an opin- rendered in said court, the same shall be certiion in writing shall be filed, and provision shall fied to the Governor of the State, who shall imbe made, by law, for publishing reports of cases mediately commission the requisite number of
argued and determined in the said court. The persons learned in the law for the trial and
Governor, for the time being, by and with the determination of said case or cases.
advice and consent of the Senate, shall desig-  Sec. 6. All Judges of the court of Appeals,
nate the chief justice, and the Court of Appeals of the circuit courts, and of the courts of the
shall hold its sessions at the city of Annapolis, city of Baltimore, shall by virtue of their offion the first Monday of June, and the first Moli- ces, be conservators of the peace throughout
day of December, in each and every year.  the State.
Sec. 3. The Court of Appeals shall appoint  Sec. 7. All public commissions adt grants
its own clerk, who shall hold his office for six shall run thus: The State of Maryland," &c.,
years, and may be re-appointed at the end there- and shall be signed by the Governor, with the
of; he; shall be subject to removal by the said seal of the State annexed; all writs and procescourt for incompetency, neglect of duty, misde- ses shall run in the same style, and be tested,
meaner in office, and for such other causes as sealed and signed as usual; and all indictments
may be prescribed by law.                 shall conclude "against the peace, government
Sec. 4. The State shall be divided into four and dignity of the State"
Judicial districts: Allegany, Washington, Fre-  Sec. 8. The State shall be divided into
derick, Carroll, Baltimore and Harford counties eight Judicial Circuits, in manner and form folshall compose the first; Montgomery, Howard, lowing, to wit: St. Mary's, Charles and Prince
Anne Arundel, Calvert, St. Mary's, Charles George's counties shall be the first; Anne Arunand Prince George's the second; Baltimore city del, Howard, Calvert and Montgomery counthe third; and Cecil, Kent, Queen Anne's, Tal- ties shall be the second; Frederick and Carbot, Caroline, Dorchester, Somerset and Wor- roll counties shall be the third; Washington
cester shall compose the fourth district. And and Allegany counties shall be the fourth; Balone person from among those learned in the timore city shall be the fifth; Baltimore, Harlaw, having been admitted to practice in this ford and Cecil counties shall be the sixth; Kent,
State, and who shall have been a citizen of this Queen Anne's, Talbot and Caroline counties
State at least five years, and above the age of shall be the seventh; and Dorchester, Somerset
thirty years at the time of his election, and a and Worcester counties shall be the eighth;
resident of the judicial district, shall be elected and there shall be elected, as hereinafter direct



13
ed, for each of the said Judicial circuits, except in all cases of appeal from the judgment of
the fifth, one person from among those learned justices of the peace in the said city, and shall
in the law, having been admitted to practice in have jurisdiction in all applications for the benthis State, and who shall have been a citizen efit of the insolvent laws of this State, and
of this State at least five years, and above the the supervision and control of the Trustees
age of thirty years at the time of his election, thereof.
and a resident of the Judicial Circuit to be  Sec. 11. There shall also be established
Judge thereof; the said judges shall be styled for the city of Baltimore, another court of law,
Circuit Judges, and shall respectively hold a to be styled the Superior Court of Baltimore
term of their courts at least twice in each year, city, which shall have jurisdiction over all
or oftener if required by law, in each county suits where the debt or damage claimed shall
composing their respective circuits; and the said exceed the sum of five hundred dollars, and in
courts-shall be called Circuit Courts for the case any plaintiff or plaintiffs shall recover
county in which they may be held, and shall less than the sum orvalue of five hundred dolhave, and exercise in the several counties of lars, he or they, shall be allowed or adjudged
this State, all the power, authority and juris to pay costs in the discretion of the court.
diction which the county courts of this State The said court shall also have jurisdiction as
now have, and exercise, or which may here- a court of equity within the limits of the said
after be prescribed by law, and the said judges city, and in all other civil cases which have
in their respective circuits shall have and ex- not been heretofore assigned to the Court of
ercise all the power, authority and jurisdiction Common Pleas.
of the present Court of Chancery of Maryland;  Sec. 12. Each of the said two courts shall
Provided, nevertheless, that Baltimore County consist of one judge, who shall be elected
Court may hold its sittings within the limits of by the legal and qualified voters of the said
the city of Baltimore until provision shall be city, and shall hold his office for the term of
made by law for the location of a county seat, ten years, subject to the provisions of this
within the limits of the said county proper, constitution, with regard to the election and
and the erection of- a court house and all other qualification of judges, and their removal from
appropriate buildings, for the convenient ad- office; and the salary of each of the said
ministration of justice in said court.    judges shall bi twenty-five hundred dollars a
Sec. 9. The judges of the several judicial year, and the Legislature shall, whenever it
circuits shall be citizens of the United States, may think the same proper and expedient,
and shall have resided five years in this - State, provide, by law, another court for the city of
and two years in the judicial circuit for which Baltimore, to consist of one judge, to be elected
they may be respectively elected, next before by the qualified voters of the said city, who
the time of their election, and shall reside there- shall be subject to the same constitutional
in, while they continue to act as judges; they provisions, hold his office for the same term
shall be taken from among those who, having of years, and receive the same compensation
the other qualifications herein prescribed, are as the judge of the Court of Common Pleas
most distinguished for integrity, wisdom and of the said city; and the said court shall have
sound legal knowledge, and shall be elected by such jurisdiction and powers as may be prethe qualified voters of the said circuits, and scribed by law.
shall hold their offices for the term of ten years,  Sec. 13. There shall also be a Criminal
removable for misbehaviour, on conviction in Court for the city of Baltimore, to be styled
any court of law, or by the Governor upon the the Criminal Court of Baitimore, which shall
address of the General Assembly, provided that consist of one judge, who shall also be elected
two-thirds of the members of each House shall by the legal and qualified voters of the said
concur in such address; and the said judges city, and who shall have and exercise all the
shall each receive a salary of two thousand jurisdiction now exercised by Baltimore City
dollars a year, and the same shall not be in- Court, and the said judge shall receive a salary
creased or diminished during the time of their of two thousand dollars a year, shall be subcontinuance in office; and no judge of any ject to the provisions of this constitution with
court in this State, shall receive anyperquisite, regard to the election and qualification of
fee, commission or reward, in addition thereto, judgesl term of office, and removal therefrom.
for the performance of any judicial duty.    Sec. 14. There shall be in each county a
Sec. 10. There shall be established for the clerk of the Circuit Court, who shall be elected
city of Baltimore, one court of law, to be styl- by the qualified voters of each county, and
ed "The Court of Common Pleas," which the person receiving the greatest number of
shall have civil jurisdiction in all suits, where votes shall he declared and returned duly
the debt or damage claimed shall be over one elected clerk of said Circuit Court for the
hundred dollars, and shall not exceed five hun- said county, and shall hold his office for the
dred dollars; and shall also have jurisdiction term of six years from the time of his election,




14
and until a new election is held shall be re- Baltimore city, until otherwise provided by law';
eligible thereto, and subject to removal for and the said clerks, when duly elected and
willful neglect of duty, or other misdemeanor qualified according to law, shall have the
in office on conviction in a court of law. charge and custody of the records and other pad
There shall also be a clerk of the Court of pers belonging to their respective offices.
Common Pleas, in Baltimore city, and a clerk  Sec. 17. The qualified voters of the city of
of the Superior Court of Baltimore City, and Baltimore, and of the several counties of the
there shall also be a clerk of the Criminal State, shall, on the first Wednesday of NovemCourt of Baltimore City, and each of said ber, eighteen h,.dred and fifty-one, and on the
clerks shall be elected as aforesaid by the same day of the same month in every fourth
qualified voters of the city of Baltimore, and year for ever thereafter, elect three men to be
shall hold his office for six years from the judges of the Orphans' Court of said city and
time of his election and until a new election counties respectively, who shall be citizens of
is held, and be re-eligible thereto, subject, the State of Maryland, and citizens of the city
in like manner, to be removed for willful ne- or county for which they may be severally electglect of duty or other misdemeanor in office ed at the time of their election. They shall
on conviction in'a court of law. In case of have all the powers now vested in the Orphans'
a vacancy in the office of a clerk, the judge or Courts of this State, subject to such changes
judges of the court of which he was clerk, therein as the Legislature may prescribe, and
shall have the power to appoint a clerk until each of said judges shall be paid at a per diem
the general election of Delegates held next rate, for the time they are in session, to be fixthereafter, when a clerk shall be elected to ed by the Legislature, and paid by the said counfill such vacancy.                        ties and city respectively.
Sec. 15. The clerk of the Court of Corn-  Sec. 18. There shall be a Register of Wills
mon Pleas for Baltimore city shall have au-  each county of the State and in the city of
thority to issue within the said city all mar- Baltimore, to be elected by the legal and qualified voters of said counties and city respectiveriage and other licenses required by law, sub-  d  voters of said counties and city respective
ject to such provisions as the Legislature ly, who shall hold his office for six years from
shall hereafter prescribe; and the clerk of the the time of his election, and until a new elecSuperior Court for said city shall have the tion shall take place, and be re-eligible thereto,
custody of all deeds, conveyances and other subject to be removed for willful neglect of duty,
or misdemeanor in office, in the same manner
papers, now remaining in the office of the clerk or  demeanor in office in the sae manner
of Baltimore county court, and shall hereafter that the clerks of the County Courts are rereceive and record all deeds, conveyances and movable. In the event of any vacancy in the
other papers, which are required by law to be office of Register of Wills, said vacancy shall
recorded in said city. He shall also have the be filled by the Judges of the Orphans' Court,
custody of all other papers connected with the ul   the general election next thereafter for
proceedings on the law or equity side of Balti- legates to the General Assembly, when a
more county court and of the dockets thereof, Register shall be elected to fill such vacancy.
so far as the same have relation to Baltimore  Sec. 19. The Legislature, at its first session
ctso far as te same         he               reaintBlimeafter the adoption of this Constitution, shall
city.                                     fix the number of the Justices of the Peace and
Sec. 16. That the Clerk of the Court of Constables for each ward of the city of BaltiAppeals, and the Clerks of the Circuit Courts in more, and for each election district in the sevthe several counties, shall respectively perform  eral counties, who shall be elected by the legal
all the duties and be entitled to the fees which and qualified voters thereof respectively at the
appertain to the offices of the Clerks of Court next general election for Delegates thereafter,
of Appeals for the Eastern and Western Shores, and shall hold their offices for two years from
and of the Clerks of County Courts; and the the time of their election, and until their sucClerks of the Court of Common Pleas, the su- cessors in office are elected and qualified; and
perior court, and the criminal court for Balti the Legislature may from time to time increase
more city, shall perform all the duties apper- or diminish the number of Justices of the Peace
taining to their respective offices, and hereto- and Constables to be elected in the several
fore vested in the clerks of Baltimore county wards and election districts, as the wants and
court and Baltimore city court respectively, and interests of the people may require. They
be entitled to all the fees now allowed by law; shall be, by virtue of their offices, conservators
and all laws relating to the clerks of Court of of the peace in the said counties and city respecAppeals, clerks of the several county courts tively, and shall have such duties and compenand Baltimore city court, shall be applicable to sation as now exist or may be provided for by
the clerks respectively of the Court of Appeals, law. In the event of a vacancy in the office of
the Circuit Courts, the Court of Common Pleas, a Justice of the Peace, the Governor shall apthe superior court and the criminal court of point a person to serve as Justice of the Peace




15
nntil the next regular election of said officers; courts for Baltimore city shall be thus disqualiand in case of a vacancy ix the office of Con- fled, or whenever, by reason of sickness, or any
stable, the County Commissioners of the county other cause, the said judges or any of them, may
in which a vacancy may occur, or the Mayor be unable to sit in any cause, the parties may,
and City Council of Baltimore, asthe case may by consent, appoint a proper person to try the
be, shall appoint a person to serve as Constable said cause, or the judges or any of them shall
until the next regular election thereafter for do so, when directed by law.
said officers. An appeal shall lie in all civil  Sec. 23. The present chancellor and the recases from the judgment of a Justice of the gister in chancery, and in the event of any va.
Peace to the Circuit Court or to the Court of cancy in their respective offices, their succesCommon Pleas of Baltimore city, as thecase sors in office respectively, who are to be apmay be, and on all such appeals either party pointed as at present, by the Governor and
shall be entitled to a trial by jury, according to Senate, shall continue in office, with the
the laws now existing or which may be here- powers and compensation as at present estabafter enacted. And the Mayor and City Coun- lished, until the expiration of two years after
cil may provide, by ordinance, from time to the adoption of this Constitution by the peotime, for the creation and government of such pie, and until the end of the session of the Letemporary additional police as they may deem  gislature next thereafter, after which the said
necessary to preserve the public peace.   offices of Chancellor and Register shall be
Sec. 20. There shall be elected in each coun- abolished. The Legislature shall, in the meanty and in the city of Baltimore, every second time, provide by law for the recording, safe
year, two persons forthe office of sheriff foreach keeping or other disposition, ot the records,
county, and two for the said city, the one of decrees and other proceedings of the court of
whom having the highest number of votes of chancery, and for the copying and attestation
the qualified voters of said county or city, or thereof, and for the custody and use of the great
if both have an equal number, either of them, seal of the State, when required, after the exat the discretion of the Governor, to be com- piration of the said two years, and for transmitmissioned by the Governor for the said office, ting to the said counties and to the city of Baland having served for two years, such per- timore, all the cases and proceedings in said
son shall be ineligible for the two years next court then undisposed of and unfinished, in
succeeding; bond with security, to be taken such manner, and under such regulations as
every year, and no sheriff shall be qualified to may be deemed necessary and proper; provided
act before the same be given. In case of that no new business shall originate in the said
death, refusal, disqualification or removal out court, nor shall any cause be removed to the
of the county before the expiration of the same from any other court, from and after the
said two years, the other person chosen as ratification of this Constitution.
aforesaid shall be commissioned by the Gover-  Sec. 24. The first election of Judges, Clerks,
nor to execute the said office for the residue of Registers of Wills, and all other officers, whose
the said two years, the said person giving bond election by the people is provided for in this arwith security as aforesaid. No person shall be tide of the constitution, except Justices of the
eligible to the office of sheriff but a resident of Peace and constables, shall take place throughsuch county or city respectively, who shall out the State on the first Wednesday eof Nohave been a citizen of this State at least five vember next after the ratification of this constiyears preceding his election, and above the age tution by the people.
of twenty-one years.  The two candidates,    Sec. 25. In case of the death, resignation,
properly qualified, having the highest number removal, or other disqualification of a Judge
of legal ballots, shall be declared duly elected of any of the Courts of law, the Governor, by
for the office of sheriff for such county or city, and with the advice and consent of the Senate,
and returned to the Governor, with a certificate shall thereupon appoint a person duly qualiof the number of ballots for each of them.  fied to fill said office, until the next general
Sec. 21. Coroners, Elisors and Notaries Pub- election for delegates thereafter; at which time
lie shall be appointed for each county and the an election shall be held as herein before precity of Baltimore, in the manner now prescribed scribed, for a judge, who shall hold the said
by law, or in such other manner as the General office for ten years, according to the provisions
Assembly may hereafter direct.            of this Constitution.
Sec. 22. No Judge shall sit in any case   Sec. 26. In case of the death, resignation,
wherein he may be interested, or where either removal, or other disqualification of the judge
of the parties may be connected with him by of an Orphans' court, the vacancy shall be
affinity or consanguinity, within such degrees filled by the appointment of the Governor, by
as may be prescribed by law, or where he shall and with the advice and consent of the Senate.
have been of counsel in the case; and whenever  Sec. 27. Whenever lands lie partly in one
any of the judges of the circuit courts, or of the county and partly in another, or partly in a county




16
and partly in the city of Baltimore, or whenever ter, being a voter, shall be admitted to practice
persons proper to be made defendants to proceed- law in all the courts of law in this State in his
ings in chancery, reside some in one county, and own case.
some in another, that court-shall have jurisdic-         ARTICLE V.
tion in which proceedings shall have been first
commenced, subject to such rules, regulations       The State's Jttorneys.
and alterations as may be prescribed by law.  Sec. 1. There shall be an Attorney for the
Sec. 28. In all suits or actions at law, issues State in each county and the city of Baltimore,
from the Orphans' Court or from any court sit- to be styled The State's Attorney," who shall
ting in equity, in petitions for freedom, and in be elected by the voters thereof, respectively,
all presentments and indictments now pending, on the first Wednesday of November next, and
or which may be pending at the time of theon the same day every fourth year thereafter,
adoption of this Constitution by the people, orand hold his office for four years from the first
which may be hereafter instituted in any of the Monday of January next ensuing his election,
courts of law of this State, having jurisdiction ad until his successor shall be elected and qualthereof, the judge or judges thereof, upon sug- ified, andshall be re-eligible thereto, and be sub.
gestion in writing, if made by the State s Attorject to removal therefrom  for incompetency,
ney, or the prosecutor for the State, or upon sug- willful neglect of duty or misdemeanor in ofgestion in writing, supported by affidavit, made fice, on conviction in a court of law.
by any of the parties thereto, or other proper   Sec 2. All elections for the State's Attorevidence, that a fair and impartial trial cannot be ney shall be certified to, and returns made therehad in the court where such suit or action at of, by the Clerks of the said counties and city
law issues, or petitions or presentment and in- to the Judges thereof having criminal jurisdicdictment is depending, shall order and direct the tion, respectively, whoe duty it shall be to derecord of proceedings in such suit or action, is- cde upon the elections and qualifications of the
sues or petitions presentment or indictment, to persons returned, and in case of a tie between
be transmitted to the court of any adjoining two or more persons to designate which of said
county; provided, that the removal in all civil persons shall qualify as State's Attorney, and
causes be confined to an adjoining county within to administer the oaths of office to the persons
the judicial circuit, except as to the city of Bal elected.
timore, where the removal may be to an adjoining county, for trial, which court shall hear and  Sec. 3. The State's Attorney shall perform
determine the same in like manner as if such such duties and receive such fees and comsuit or action, issues or petitions, presentment or missions as are now prescribed by law for the
indictment, had been originally instituted there- Attorney General and his Deputies, and such
in; and provided also, that such suggestion shall other duties fees and commissions as may
be made as aforesaid, before or during the termhereafter be prescribed by law; and ii any
in which the issue or issues may be joined in State's attorney shall receive any other fee or
said suit or action, issues or petition, present- reward than such as is, or may be allowed by
ment or indictment, and that such further reme- law, he shall, on conviction thereof, be removed
dy in the premises may be provided by law as from office.
the Legislature shall from time to time direct  Sec 4. No person shall be eligible to the ofand enact.                                fice of State's Attorney who has not been adSec. 29. All elections of judges and other offi- itted to practice the law in this State, and who
cers provided for by this constitution, shall be has not resided for at least one year in the
certified, and the returns made by the clerks of county or city in which he may be elected.
the respective counties to the Governor, who  Sec. 5. In case of vacancy in the office of
shall issue commissions to the different persons State's Attorney, or of his removal from  the
for the offices to which they shall have been res- county or city in which he shall have been
pectively elected; and in all such elections, the elected, or on his conviction as herein before
person having the greatest number of votes, shall specified, the said vacancy shall be filled by:be declared to be elected.                 the Judge of the county or city, respectively,
Sec. 30. If in any case of election for Judges, having criminal jurisdiction in which said vaClerks of the Courts of Law and Registers of cancy shall occur, until the election and qualWills, the opposing candidates shall have an ification of his successor; at which election
equal number of votes, it shall be the duty of said vacancy shall be filled by the voters of the
the Governor to order a new election, and in said county or city, for the residue of the term
case of any contested election, the Governor thus made vacant.
shall send the returns to the House of Dele-  Sec. 6. It shall be the duty of the Clerk of
gates, who shall judge of the election and the Court of Appeals, and the Commissioner
qualification of the candidates at such election, of the land office, respectively, whenever a case
Sec. 31. Every person of good moral charac- shall be brought into said court or office, in




17'which the State is a party, or has an interest, of money received into the Treasury shall be'immediately to notify the Governor thereof  i valid; and upon warants issued by the-CompARTICLE,  VI.             Dtroller, he shall make'arrangements for theAipayment of the'interest of the public debt, and
Treasury Department,             for the purchase thereof, on account of the.   r  sink in'g fund. Every bon d, certificate, or
Sec.!. ~There: shall _be a. Treasury Depart. ohr:r evidence of the debt of -the, State,:shall
ment, consisting of a Comptroller, chosen by be sned hy the Treasurer, and countersigned
the'quali'fied.electors of: the- Stateat each ieec- by  i omptoller and no newCertificate,:,ionaof members of the, Hous'e of Delegates, o  oter evidence intended to-replace another,
whd shailrecelve  anl anntial salary of~two  shall be issued until the old one'shall be delivthousand five hundred dollars; and of a Treasthoresard t vbe  ihundred tdohtllars;wnd ous a f the ered to the Treasurer, and authority executed in
urer, to be appointed.by the~;two ~houses:oi the due, form for the transfer of the same, shall be
Legislature atl each.session: thereof, an. joint
Leislature a i each  ession thereof, on  Int filed in his office, and,the transfer accordingly
ballot, who shall also receive an annual salary made on the books thereof; and the certificate
of two thousand five hundred dollars; andor ot    evidenc  e canceled; hut the legislature
neither of the said officers shall be allowed or  y make proisin  r thessf ertit
receive anyy fees,' commissions or perquisites may keprothe            of certificates
of' any kind, in addition to his salary, for the or other evidence of the debt.
performance; of any dcuty or servie w.h'atever.  Sc. S 4. The Treasurer: shall'render his acIn case of  a vacancy in either of the'offices  counts quarterly, to the Comptroller; and:on the
In case of a vacancy in either of the_ offices  day of each session of the legislature, he
by death' or otherwise, the'Governor, by and third     t     he at
with". the advice' and.consent' of,'the Senate  shall submit to the Senate and House of Dele\Y i th' 1 -th e' ad vivlc.' and d~con~ent' ~;of I~rthe, Se'niate,.gatees, fair an'd accurate copies1 of all'accomntss
shall fill such vacancy by appointmeht, to con- gateir and accurate copies of a.accounts
tinue until another'election by the people, or a  him fromime to time rendered a ll times
choi:e by thegleWislature, ah the Compftroller. He shall aectio all time
and the quaificatin of the successor. Th       t tthe omptrlley in  is hands, athed pefor all other
Comptroller and the Treasurer shall keep their mdones t hat shall b e p rescribe r by law.
~offices at the seat'of government, and shall                       by la'take such oath, and'enter into such bonds,            ARTICLE VII.
for the faithful discharge of their duties, as'undy   Officers.
the legislature shall prescribe.
Sec. 2. The Comptroller shall have the gen-  Sec. 1. At thefirst general election of dele-,.eral superintendence of the fiscal affairs of the gates to the General Assembly, after the adop-.,State; he shall digest and prepare plans f&o the tion of this Constitution,' four commissioners
improvement and management of the revenue, shall be elected as hereinalter provided, who.and for the support of the public' credit; pre- shall be styled. "Commissioners' of Public
pare and report estimates of the revenue and Works;', and who shall: exercise a diligent and
expenditure of the *'State; superintend and en- faithful supervision of all publio works, in
force the collection of all taxes and revenue;- which the State:may be interested as stockholdadjust, settle and preserve all;public accounts; er or creditor, and shall represent;the State in
decide on the forms of keeping and stating ac- all meetings of the' stockholders,'and shall apIcounts; grant,. under regulations prescribed by point the Directors inevery Railroador; Canal
law,; all warrants: for moneys to be paid out' of company in which the State has the constitu-:the treasury, in pursuance of appropriations by tional power to appoint Directors. It shall allaw-; ~,prescribe the formalities of the transfer so be. the duty of the Commissioners of-,Public
of stock or other evidences of the State debt,  Works to review, from time to time, the rate
and countersign: the same, without which sdch of tol]ls adopted by any company; use'all, legal
evidences shall not be valid;' he shall make full powers which they may possess, to obtain. the
reports of all his proceedings, and: of. the state establishment of rates of tolls, which may preof the Treasury Department, withinM ten days vent an injurious competition with' each other,
after the commencement of each session of the to.the detriment of the interests of the State;
legislature, and perform such other duties:as and so to adjust them as to:promote the agrishall be prescribed by law.               culture of, the-State.,It -shall also be- the- duty
Sec. 3 The Treasurer shall receive and keep of the said:: Commissioners bf Public Works,
the moneys,'of the State, -and disburse the to keep a;j-ournal6of'"their-:proceediangs; and at
same upon warrants drawn by the Comptroller,; each regular session of:the Legislature: to make
and' not'otherwise; he shall take receipts for to it a report, and to recommend such legislaall moneys plaid by him, and all receipts for tion as'theyshall deenmi necessary and& requisite
moneys received "by him shall be endorsed upon to promote or protect the interest of'the State in'warrant.signed. by the:'Comptroller,:without' the public works, and perform such other, duties
which warrants, so signed, no acknowledgment as may be prescribed bylaw. They shall each
2




18
receive such salary as may be allowed by law, tery system in this State, there shall be elected
which shall not be increased -or diminished du- by the legal and qualified voters of the State at
ring their continuance in office.         every general election for Delegates to the Gen.
Sec. 2. For the election of the Commission- eral Assembly, one Commissioner of Lotteries,
ers of Public Works, the State shall be divid- who shall hold his office for two years, and
ed into four districts The counties of Allega- till the qualification, f his successor, and shall
ny, Washington, Frederick, Carroll, Baltimore be re-eligible. His whole compensation shall
and Harford, shall constitute the first district. be paid out of the fund raised for the MaryThe counties of Montgomery, Howard,. Anne land Consolidated Lottery grants, and shall
Arundel, Calvert, St. Mary's, Charles and Prince not exceed the amount of commissions received
George's shall constitute the second district. by one of the present Lottery'Commissioners
Baltimore city shall constitute the third district. out of said fund; and he shall give such bond
The counties of Cecil, Kent, Queen Anne's, for the faithful performance of his duties as
Talbot, Caroline, Dorchester, Somerset and' is now given by the Lottery Commissioners.
Worcester shall constitute the fourth district. The term  of the Commissioner who shall be
One commissioner shall be elected in each dis- elected at the general election for Delegates next
trict, who shall have been a resident thereof at succeeding the adoption of this Constitution,
least'five years next preceding his election.  shall commence at the expiration of the comSec. 3. The said Commissioners shall be missions of the present Lottery Commissioners,
elected by the qualified voters of their dis- and cntinue for two years, and till the qualitricts respectively; the returns of their election fication ofhir successor.
shall be certified to the Governor, who shall,.by proclamation, declare the result of the elec-  Sec. 5. From  and after the first day of
-tion  Two- of' the. said Commissioners, first, April, eighteen hundred'and fifty-nine, no lotltion  Two of the said Commissioners, first,
elected, shall hold their office for four years, tery scheme shall. be drawn for any purpose
and the, other two for two years from the first whatever; nor shall any lottery ticket be sold
Monday of December next succeeding their. in this State. And it shall be the duty of
election. And at the first meeting, after their the'several Commissioners elected under this
election, or as soon thereafter as practicable, Constitution to make,such contract or contracts
they shall determine, by lot, who of their nu. as wl extinguish
her. shall hold their offices for four and two before he sad first day of April, eighteen
years respectively; and thereafter there shall hundred and ffty-nine,and also secure to the
be elected as aforesaid at each general election State a clear yearly revenue equal to the averof Delegates, two Commissioners for the term age amount derived by the State from the
of four years, to be taken from  the districts system for the last five years; but no such con-.respectively, wherein the Cormmissioners re- tractor contracts' shall be valid until approved
sided at the-time'of their election, whose term by the Treasurer and Comptroller.
of service has expired. And in.case ofa va   Sec. 6. There shall be a Commissioner of.cancy in the office of either of sai-d Commis- the Land Office elected by the qualified voters
sioners, by death, resignation, or otherwise, the of the State, at the first general election of
Governor, by and with th    e advi c and consent Delegates to the Assembly after the ratification
of the Senate, shall appoint -some qualified of this Constitulion, who shall hold his office'person from the same district, to serve until'the for the term of six years from the first day of
next general election of Delegates, when an January next after his election. The returns
~election shall be held,'as aforesaid, for a Con- of said election shall be made to the Governor,.missioner for the residue of said term. And in, and in the event of a. tie between any two or
case of an equal division in the Board of'Comn  more candidates, the Governor shall direct a
missioners, on any' subject' committed to their new election to be held by writs to the several
-charge, the Treasurer of the State shall have Sheriffs, who shall hold' said election after at
power, and shall be called on to decide the least twenty days' notice, exclusive of the day
same. And in the event of a tie vote for any of election. The said Commissioner shall sit as
two of. the candidates for the office of. Commis- judge of the Land.Office,and receive therefor the
sioner in the same district, it'shall,be the duty sum of two hundred dollars per annum, to be
of the Governor to commission one or the other paid out of the State Treasury. He shall also
of the candidates having the equal number of perform the duties of the Register of the Land
votes. And if the Governor doubt the legality Office, and be entitled to receive therefor the
or result of tiny election held for said Commis- fees now  chargeable by said officer; and he
sioners, it shall be his duty to' send the returns shall also perform the duties of Examiner Genof such election tothe House of Delegates, who eral, and be entitled to receive' therefor the
shall judge'of the election and qualification of fees now chargeable by said officer.'the candidates at such election.,. The office of Register of the Land Office
Sec. 4. During the continuance of the lot- and Examiner General, shall be abolished from




19
and after the election and qualification of the every two years thereafter, elect a Wreck-MasCommissioner of the Land office.           ter for said county, whose duties and compenSec. 7. The State Librarian shall be elected by sation shall be the same as are now prescribed
the joint vote of the two branches of the leg- or may be hereafter prescribed by law. The
islature, for two years, and until his successor term of office of said Wreck-Master shall comshall be elected and qualify. His salary shall mence on the first Monday of January next suebe one thousand dollars per annum  He shall ceeding his election; and a vacancy in said office
perform such duties as are now or may here- by death,-resignation or removal from the counafter be prescribed by law.                ty, shall be filled by the County CommissionSec. 8. The county authorities now known ers-of said county for the residue of the term thus
as Levv Courts or County Commissioners, shall made vacant.
hereafter be styled "County Commissioners,"              ARTICLE VIII.
and shall be elected by general ticket, and not,/'ew  Counties,
by districts, by the voters of the severaf coun.  Sec. 1. That part of Anne Arundel county
ties, on the first Wednesday in November, one called Howard District, is hereby created into
thousand,eight hundied and fifty, one, and on the a new county, to be, called Howard county;
same day in every second year thereafter.  Said the, inhabitants whereof shall have, hold and
Commissioners shall exercise such  ers rs and enjoy all such rights and piivileges as are held
duties only as the Legislature mayfrom time to and enjoyed by the inhabitants of the other
time prescribe, but such powers and duties and counties in this State; and its civil and. munithe tenure of office shall be uniform throughout cipal officers at the time of the ratification of
the State; and the Legislature shall, at or before this constitution, shall continue in office until
its second regular session after the adoption of their successors shall have been elected.or
this Constitution, pass such laws as may be ne- appointed, and shall have qualified as such;
cessary for determining the number for each and all rights, powers and obligations incident
county, ad ascertaining anddefining the powers, to IHoward District:of Anne Alundel county
duties and tenure of office of said Commission- shall attach to Howard county.
ers; and until the passage of such laws the Corn-  Sec. 2. When that part of Allegany county,
missioners elected under this Constitution shall lying south and west of a line beginning at the
have and exercise all the powers and dutiesin summit of Big Back Bone or Savage Mountheir respective counties now exercised by the tain, where that mountain is crossed by Mason
county authorities under the laws of the State. and Dixon's line, and running thence by a
Sec. 9. The General Assembly shall provide straight line to the middle of Savage river,
by law for the election of Road Supervisors in where it empties into the  Potomac river;
the several counties by the voters of the election thence bya steaight line to the nearest point
districts respectively, and may provide by law  o boundary of the State of Virginia, then with
for the election or appointment of such other said boundary to the Fairfax stone, shall concounty officers as may be required, and are not, tain a population of ten thousand, and the maherein provided for, and prescribe their powers jority of electors thereof shall desire to sepaand duties; but the tenure of office,'their powers rate andform a new county, and make known
and duties and mode of appointment,shall beun- their desire by petition to the Legislatuie, the
form throughout the State.                 Legislature shall direct at the next succeeding
Sec. 10. The qualified:voters of each county election, that the judges shall open a hook at
and the city of Baltimore shall, at the first elec- each election district in said part of Allegany
tion of delegates after the adoption of this Con- county, and have recorded therein the vote of
stitution, and every, two years thereafter, elect each elector  for o  against a new county.
a Surveyor for the counties and the city of Bal- In case the majority are in favor, then said
timore respectively, whose duties and compen-part of Allegany county, to be declared an
sation shall be the same as are now prescribed indepenent contyan theinhabitants wheieby law for the county and city Surveyorsrespec- of shall have a  enjoy all such rights an
tively, or as may hereafter beprescribed by law. privileges s are eldan enjoed by the inhab
The term of office of said county and city Snr- itants of the other counties in this State: Proveyors respectively shall commence on -the first  ided That the w hole representation in the
Monday of January next succeeding their elec- GeneralAssembly of the county when divided'
tion; and vacancies in' said office of'Surveyors shall not exceed the piesen! delegation of Al-.
by death, resignation or removal from their respective counties or city,shall'be filled by the lentl af lo d    der t his cnstitution,
Commissioners of the counties or Mayor and      aftr 
City Council of Baltimore respectively.                  ARTICLE IX.
Sec. 11. The qualified voters of Worcester                 Militia.
county shall, at the first election of delegates  Sec. 1. It shall be the duly of the Legislaafter the adoption of this Constitution, and ture to pass laws for the enrollment of the




20
militia; to provide for districting the State into  Sec. 5. In the trial of all criminal cases, the
divisions, brigades. battalions, regiments and jury shall be the judges of law as well as fact.
companies; and to pass laws for the effectual  Sec. 6. The Legislature shall have power
encouragement of volunteer corps by some to regulate by law all matters which relate
mode which may induce the formation and to the judges, time, place and manner of holdcontinuance of at least one volunteer company ing elections in this State, and of making rein every county and division in the city of Bal- turns thereof, provided that the tenure and term
timore. The company, battalion and regimen- of office, and the day of election, shall not be
tal officers (staff officers excepted) shall be affected thereby.
elected by the persons composing their several  Sec. 7. All rights vested and all liabilities
companies, battalions and regiments.      incurred shall remain as if this Constitution
Sec 2. The Adjutant' General shall be ap- had not been adopted.
pointed by the Governor, byand. with the ad-  Sec. 8. The Governor and all officers, civil
vice ane consent of the Senate..He shall hold and military, now holding'commissions under
his office for the term of six'years, and receive this' State, shall continue to hold and exercise
the same salary as heretofore,. until changed their offices according to their present tenure,
by the Legislature.                       until they shall be superseded  pursuant to the
ARTICLE. X.                 provisions of this Constitution, and until their
successors be duly qualihed.
Jliscellaneous.                Sec. 9. The Sheriffs of the several counties
Sec. 1. Every officer of this,State, the G ov-of this State and-of the'city of Baltimore shall
Sec. 1. Every officer of this State, the Governor excepted, the enire amout ofwhose give notice of the several elections authorized
pay or compensation received for the dis- hy this Constitution in the manner prescribed
charge~-of his official luties, hall exceed the by existing laws, for elections underthe present
charge of his official dutisshall exceed the Constitution
yearly sum of three thousand dollars, shall                onstittion, if adoted  y a
keep a book in which shall be entered every majorityoftheleg      st tton the first Wedslkeepr su as book moinev whiche   by him   jr orlmajority of the legal votescast on the first Wedsum or su:ns of money received by him. or on
~sum or sums of  o~ney irecemivedy  or on nesday of June next, shall go into operation on
his account as a payment or compensation for  esay o     f Julynext, al n  opn nf
his performance of official duties, a copy of t  foth day of July next, andn ond afte
which entries in said book, verified by the d day shal supeede the present Constit
wion of. this State.
oath of the officer by whom it is directed to be
kept, shall be returned yearly to the Treas-AI                 L
urer of the State for his inspection, and that
of the General Assembly of Maryland; and      Amendment of the Constitution.
each' of such officers, when the amnount re-  It shall be the duty of the Legislature, at
ceived by him for the year shall exceed theits first session immediately succeeding the resum of three thousand dsllars, shall yearly pay trns of every census of the United States
over to the Treasilrer the; amount of such ex- hereafter taken, to pass a law for ascertaining,
cess by him received, subject to such disposi- at the next general election of delegates, the
tion thereof as.the Legislature may deem just sense of the  eopIe of Maryland in regard to
and equitable. And any such officer failing to calling a convention for altering the Constitucomply with the said requisition, shall be tio  and in case the ma  ofvoes   cast at
deemed to have vacated his office, and be'sub  ad election shall be in avor of calling a consaid election shall be in favor of callings a conject to suit by the State for the amount that vention, the Legislature shall provide for asought to have been paid into the treasury.  emblinsch convention, anldelectin ndelegates
Sec. 2. The Legislature shall have power to thereto at the earliest convenient day; and the
pass all such laws as may be necessary and delegates to the said convention shall be electproper for carrying into execution the power   by the several couties of the Stae and
vested by this Constitution, in any department the city  Baltimore, inproprtion totheir reor office of the goverllment, and the duties in  presentation respectively in the Senate and
posedl upon them thereby                  House of Delegates, at the time when said
Sec. 3. If in any election directed by thisconvention may be called.
convention may be called.
Constitution any two or more candidates shall
have the highest and an equal number of votes,
a new election shall te ordered, ui less in cases Done in Convention the 13th day of May, in:the
specially provided for by the Constitution.  year of our Lord' eighteen hundred and fifty-one,
Sec. 4. The trial by jury of all' issues of  andthe independence of the United States the
seventy-fifth.
fact in civil proceedings in the several courts eenty-          J. G. CHAPMAN,
of law of this State, Where the amount in con-              Presidentof the Convention.
troversy, exceeds the sum of'five dollars, shall  Attest-GEORGE G. BREWER,
be inviolably preserved.                             Secretary to Convention.




TO THE
REGISTER OF DEBATES,
A                       ABSENTEES, Order of Mr,iBrent, of BalABSENCE, causes of the, of                         timore city, relating to,  Vol. I, 33, 49
Vol. 1.                                    ACCOUNTS, of
Mr. Brown,                         207   Vol. 1.
Chandler,                 222 506        Jas. T. Wooters, Clerk of the Levy
Dennis, J. U                  260          Court of Queen Anne's county,     88
Dirickson,                    130        The'Clerk of CharlesCounty Court, 104
Hopewell,                     325        The Clerk to the Commissioners of
Jacobs,                        25          Tax for the said county,         104
Lambden,                      235
Lambde,                       130        Messrs. Haywood, Bartlett & Co.,
McCullough,.235          for repairs of furnace,      207, 290
Newcomer, Michael,             25        G. J. Spalding, Clerk to the ComPresident,                     506:        missioners of Tax: of' St. Mary's
Sappington,                   319          county,                          235
Spencer,                      32'9       James H. Fountain, Clerk of Caroline County Court,                   339
Mr Bier                              0       E. M. Wise, Governor's Messenger, 460
Mr. Biser,                         730      1      M.,
Brown,                          19   Vol. 2.
Carter;                        484       Of the Clerk of Worcester county, 100
Chandler,                      269       Of sundry persons for newspapers,
Dashiell,                       19         stationery &c.,                  504
Davis,                         131 ACCOUNTS, Committee' on
-Dennis, JI.UJ.                781   Vol. 1.
Dorsey,                       549        Order reported from the,           113
Jacobs,                       269        Reports from the,             290, 479
Lanbden,                      741    Vol. 2.                           717, 841
McCullough,                   X269i      Leave to the, to sit during the sesMitchelt,                  19,741          sions of the Convention,         838
President,                      19       Discharged: from the consideration
Presstman,                    269          of subjects,                     $55
Sappngton,.'                  741
Sherwood, of Talbot,           131 ACCOUNTS, Journal of, Order' to close
Welsh,                       608        the,                       Vol. II, 784
ABSEC,  leave of, granted toMr Mc        ADDRESS of- the Primary School ConABSENCE, leave of, granted to Mr. MeLane,                      Vol. II, 219      veo,                             18
ABSENCE, Order of Mr. Dorsey relating          Valedictory, of the President of the Conto causes of,            Vol. 1, 35,43       vention,                   Vol. I, 890
A




2
ADJOURNMENT       of the Convention,         Officers of, prohibition concerning actemporary —order for, for the pur-         commodations to,      Vol. II, 761, 766
pose of purifying the Hall,  Vol. I, 139  Petition concerning,       Vol. 1I. 381
ADJOURNMENT of the Convention-             BASIS OF REPRESENTATION.         [See
final-Propositions concerning the,          Representation.]
Vol. II, 583, 717, 879 BELL, EPHRAIM, of Baltimore county.
ADJ'T GENERAL OF THE STATE,                      Vol. I, 40, 133, 394, 398, 399, Vol. II, 741
Appointment of the,       Vol. II, 839  Elective Franchise report, remarks on
ALABAMA, Communication from the Go-              the,                        Vol. I, 40
vernor of the State of, relating to     Legislative report, remarks on the, Vol. I, 394
the Compromise measures passed by      Amendment thereto,             Vol. I, 399
Congress,                  Vol. I, 384  Order relating to supervisors of roads,
From the same, relative to the School                                    Vol. iI, 741
System of the State of,   Vol. I, 385 BIENNIAL SESSIONSOF THE LEGISALLEGANY COUNTY, Report of Mr.                   LATURE.     [See Title —Legislative
Smith, concerning the formation of         Department, Sessions of the Legislature.]
a new county in, Vol. I, 356, Vol. II,  BILL OF RIGHTS. [See Rights.]
248, 254, 334 BISER, DANIEL S., of Frederick county.
ANNAN, ROBERT, of Frederick county,          Vol. 1
Vol. I, 88, 467, 479, 486, Vol. II, 484  28, 33, 54, 68, 71, 76, 98, 105, 109,
Order closing general debate on the Ju-        118, 137, 138, 207, 208 212, 214,
diciary Report,           Vol. II, 884     218, 258, 264, 295, 296, 334, 371,
Petition presented by,         Vol. I, 467                     428, 465, 479, 485, 498
ANNUAL SESSIONS OF THE LEGIS-                Vol. 2.
LATURE. [See Title-Legislative             3, 4, 7, 21, 67, 78, 93, 180, 219, 329,
Departnment-Sessions of the Legis-         333, 334, 335, 381, 412, 457, 484,
lature.]512, 552, 553, 554, 570,602, 621,
APPEALS, Court of. [See Judiciary.]              622, 642, 730, 765, 780, 804, 808,
APPEALS from decisions of the Chair.                              809. 818, 838, 872, 874
[See Order, Points off]                Business of the Convention, remarks on
APPORTIONMENT.        [See Representa-           the order concerning the,  Vol. II, 780
tion,.]                                Amendment to said order,      Vol. 11,780
ATTAINDER. [See Convictions.]                Constitution, remarks on the order conATTORNEY GENERAL, Report of Mr.                  cerning the printing and circulation
Shriver, from the Committeeon onof copies of the amended,            Vol. II, 804
the Office of the, Vol. I, 283  Education, amendment to the report on
Debate thereon. Vol. I, 519, 530, Vol. II, 6, 37  the subject of,        Vol. II, 808
Amendments to the Report, Vol. I, 520      Remarks thereon,              Vol. I1, 809
521, 524, 530, 537, 548, 549,Vol6. II,  Elective franchise report, remarks on
6, 7, 9, 10, 11, 13, 15, 38  the,                       Vol. I, 54
Appointment and term of office of the,     Executive report, remarks on the, Vol. 1, 485
Vol. I, 524, 537, 549, Vol. II, 6, 9  Judiciary, remarks on the report on
Employment and compensation'of State           the,                      Vol. II, 553
Counsel, propositions concerning       Amendment to report;          Vol. 1I, 552
the, Vol. I, 520, 521, 530, 548, Vol.  Legislative report, remarks on the, Vol.
II, 6, 9, 10, 13    I, 258, 264, 295, 334. Vol. II, 333,
Election of State's Attorney, proposi-                     334, 335, 484, 570, 621, 622
tions concerning the time of,           Amendments to the report, Vol. I,264,
Vol. II, 10, 11, 13                     Vol. II, 457, 570, 621
Securities to be given by,     Vol. II, 38  Per diem of the President of the ConvenVacancy in the office of,      Vol. II, 13     tion, remarks on the order concerning the,             Vol. II, 838, 874
B                        Petitions presented by, Vol. I, 371, 428,
479, 498; Vol. 11, 3, 78, 219
BALTIMORE CITY, Courts of,       [See        Representation question, remarks on the,
Judiciary.]                                                 Vol. I, 118; Vol. II, 67
Districting of, propositions'concerning   Rights, remarks on the Bill of,  Vol. I, 212
the, Vol. II, 198, 199,705, 712, 723,   Amendment thereto,        Vol. 1, 214, 218
724, 725, 726, 788, 789, 817, 818,     Rule, 17th, remarks concerning the,
819,820 821, 822, 823                                  Vol. II, 4
Provisions concerning the powers of the     Seats, order concerning,      Vol. 1, 207
Mayor and Council of, Vol. I, 399.    BLAKISTONE, WILLIAM J., of St. Ma[See, also:, Title-Legislative Depart-     ry's county.
ment-Local Legislation.]                Vol.:.
BANKS, Charters of,    Vol. II, 761, 764, 766    25, 36, 46, 56, 58, 67, 78, 83, 88, 98,
Directors and stockholders,'individual        99,106, 113, 116,117, 120,122, 131,
Liability of,,Vol. II, 761, 762, 765, 870  137, 138, 139, 140, 159, 190, 195,




a
216, 21?, 259, 312, 326, 334, 354,     BOND, JOHN, of.Calvert county, Vol. II,
371, 374, 387, 397, 429, 444, 445,                                        765, 814
446, 448, 449, 459, 460  Militia, amendment to the report on the,
iVol2.                                                                      Vol. II, 814
37, 38, 68, 69, 78,144, 148, 150, 152,  BOWIE, THOMAS F. of Prince George's
162, 174, 177, 199, 201, 240, 241,265.      county.
266, 267, 268, 269, 339, 341, 342,       Vol. 1.
343, 344, 366, 367, 378, 379, 384,           39, 41, 54, 55, 56, 58, 61, 65, 73 74,
620, 622, 642, 643, 645, 651, 707,           75, 79, 87, 113, 122, 326, 138, 139
711, 739, 740, 741, 742, 743, 753,            4, 148 149, 150, 186, 19, 19l,
7,89, 802, 804, 807, 812, 813, 823,          197, 201, 216, 218, 233, 237, 239,
824, 825, 827, 842, 849, 855, 866,           243, 245, 409, 411, 422, 423, 428,
8.69, 871, 875     447, 450, 458, 491, 493, 498, 506,
Civil officers, remarks on the report con-507,510,514,515,519,520,530
507, 510, 514, 515, 519, 520, 530
cerning certain,           Vol. II, 849  Vol. 2.
Amendment thereto,            Vol. II, 842,         5'3, 7,11,16,17, 18, 36, 38, 52, 53
Committee of the Whole, chairman of              147, 149, 177, 186, 19, 226, 240
the,  Vol. I, 25, 26, 46, 58, 67, 78,        241, 242, 243, 244, 245, 250, 253
83, 88, 99      254, 258, 259, 270, 271, 276, 279,
Constitution, amendments to the report280, 281 285 286, 288, 289, 290
concerning future changes of the291 329, 329330,332, 338, 344, 345,
Vol. II, 378, 379      356, 357, 359, 360, 365, 374, 376,
Constitution, remarks on the order, con-         379, 416, 443, 444, 449, 453, 455
cerning the printing and circulation457, 459, 460, 466, 467, 468, 484
of copies of the amended,  Vol. II, 804      485, 491, 499, 501 504, 506, 507
Constitutions, remarks on  additional            509, 512, 521, 522, 536, 537, 550
article concerning,the operation of         552, 554, 557, 559, 563, 567, 568,
the new and old,      Vol. II, 824, 825      569, 572, 575, 578, 579, 582, 583,
Amendment thereto,             Vol. II, 824      585, 586, 588, 589, 591, 592, 593,
Education, remarks on the report con-            596, 597, 598,599, 600, 601, 603,
cerning,                   Vol. 11,-807      604, 605, 607, 610, 611,613, 616,
Article on the same subject,   Vol. II, 812      619, 707, 713, 719, 72(, 721, 722
Elective franchise report, remarks on the         23,725, 726, 728, 730, 731, 734
resolution to close debate on the            735, 737, 738, 73, 742, 743, 744
first section of the,       Vol. I, 56       747, 748, 749, 751, 753, 754, 755
Evening sessions, remarks on the order          757, 759, 765, 768, 769, 778, 780
relating to,          Vol. II, 177, 642      781, 791, 798, 801, 802, 803, 808,
Executive report, remarks on the, Vol. I, 459    813, 815, 819, 822, 823, 828 84
Judiciary, remarks on the report on the,        849, 850, 85, 852, 853, 855, 86,
Vol. 1I, 643, 645, 651, 739, 740, 742, 802          869 871 876 878 8     88  889
Amendments thereto,            Vol. II, 743
Legislative report, remarks on the, Vol.     Allegny county, remarks on the report
1, 312, 334,; 387, 444, 446', 448, 449;      concerning the division of, Vol. II,
Vol. II, 265, 266, 267, 268, 339, 341,                                250, 23, 254
342, 343, 344   Attorney General, remarks on.the reAmendments to the report, Vol. I, 312,           port on the office of the, Vol. I, 520,
444, 445; Vol. I1, 339, 340                       30   ol. 11, 7, 11,38
Business of the Convention remarkis on
Mitchell, James S., remarks on the case      Business o the Convention, remarks on; Of'                V- Caol. 11, 240, 241  the order concerning the final disposition of the,            Vol. I, 780
Order to print rules as amended, Vol. I, 106. sitin of the,              Vol. 1 780
Order relative to copiesiof the'Journal     Civil officers, remarks on the report con-Order relative: to copie sof the Journal
of Proceedings to newspaper editors,         cerning certain,      Vol. IT, 848, 849
Vol. I, 131  Amendment thereto,             Vol. 1II, 848
Order concerning Mr. Dent's absence,         Constitution, remarks on the report conVol. II, 201      cerning future changes in the, Vol.
Order relating to the previous question,                       II, 360, 365, 374, 376, 379
Vol. I, 137  Constitution, remarks on the motion to
Register of Debates of the Convention,           reconsider the vote on the article
remarks on the: order concerning             prescribing the mode of altering the,
the bound copies of the, Vol. II, 741, 742                             Vol. II, 850
Representation question, remarks on the,     Constitution, remarks on the respective
Vol. I, -116, 117, 120, 429; Vol. II,        orders concerning the engrossed
37, 38, 68, 69, 78, 707, 823, 824   copy of the amended, Vol. 1I, 882,
Representation, instructions to the com-                                      888, 889
mittee on,                 Vol. 1, 122   Amendment thereto,            Vol. II, 889
Rights, remarks on the Bill of, Vol.. I,     Convention, remarks on the motion post195, 217, 259      poning the time for the final adAmendment thereto,             Vol. 1, 216      journment of the,          Vol. II, 718




Debates,remarks concerning the Reports       Representation question, remarks on the,
of,                       Vol. II, 866       Vol. I428, ol. II,16, 17,18, 36
Education, remarks on the report con-            707, 719, 720, 721, 723, 725, 778,
cerning,              Vol. II, 808, 828                                   819, 822
Elective franchise report, remarks on        Amendment to              the rport   the, Vol. I, 822
the,               Vol. I, 41, 54, 73, 74  Rights, remarks on the Bill of,  Vol. I,
Executive report, remarks on the, Vol.             - -    140, 187, 218, 233, Vol. II, 781
1,i458, 491,493, 498  Amendments thereto, Vol. I,' 186, 197,
Amendments thereto,      Vol. I, 493,                              201, 237, Vol.]I, 781
Vo1. 11, 226  Rule, remarks in relation to the.17th,
Judiciary, report on the,      Vol. I, 239                                 Vol. II, 3, 5
Remarks thereon,:   Vol. 11, 460, 466,       Treasury Department, amendment to the'467,:468, 484, 485, 491 499, 501,            eportonthe,      Vol., 815, 817,828.... BOWLING,:J:.-D.  of: Prince George's:
504, 506, 507, 509, 512, 522, 536      BOWLING, J. D. of Prine George
552, 554, 563, 567, 568, 569, 572,           county,                 Vol.,1, 7, 256
575 585, 588, 589, 593, 597;598,     BRANSELL, JAMES, [attendant: on the:fi575~ ~585~ 588,:559, 593;597; 598,Hall,]      Order of -Mr. Mitchell, in fa.
599, 600, 605, 610, 611, 616, 728,          Hal,    rderofMr. Mitchell, infa
I  vor of,                  Vol.:II, 716
730, 738,' 739 743;' 744,' 748. 749,
73730,'738i39_ 7473 7474 748 79, 82|BRENTi GEORGE, of Charles County,'53, 754,/ 7955 757',791, 798, 802
7Vol.I; 62; 266, 266, 267, 486, 539, ]
Amendments,     Vol. II, 557, 559, 572,Vol. IT, 36 81,163, 166, 654
578, 589, 593,1596, 598, 610', 611,      Attorney General and his Deputies, re616, 731, 735, 737, 738,742,:743,           marks on the Report on the. officeof
747,-. 748, 749,: 75:1, 754, 802  the,                      Vol. I, 539
Legislative' report, remarks' on the,        Elective Franchise Report, remarks on'Vol. I, 245, 422 4 423, 447450, Vol.. the,                         Vol. I, 62
II, 254, 258, 259, 270, 271, 276,279,    Judiciary Report, remarks on!the, Vol. II, 654'280, -281, 285, 286, 288, 289,: 290,    Legislative Report, remarks on the,
291, 330,:332, 338, 344,. 345, 356,                            Vol.  260, 266, 267
357, 359, 607,: 759, 768, 769, 851,      Amendment thereto,'Vol. I, 266
852, 853   Representation Question, remarks on
Amendments thereto, Vol. I, 422, Vol.            the,            Vol. II; 36, 81, 163, 166
II; 258, 259, 270, 768, 853  Amendment to the Report on the, Vol. II, 166
Master and Slave, remarks on the report    BRENT, ROBERT J., of Baltimore city.
concernrin the relation of, Vol. I,
"   138,; 139,. 149, 150  30, 31, 32, 33, 34; 35, 38, 43, 44, 45,
Substitute for the said report,  Vol. I, 139     54, 56, 68, 3, 74, 75, 87, 88, 90, 98,
99, 102, 104, 1.06, 107, 108, 109,. 114,
Mitchell, James, S., remarks relative to            102, 104, 106, 107,108,109,114,!l19, 120, 122, 127, 137, 1.38, 139,
the case of,      Vol. II, 240, 241, 242     147, 148, ]56, 160  174 138, 1853
Motions to reconsider, remarks on Mr.            1, 187,192, i93, 194,195,198,2
186, 187, 192, 193, 194,195, 198,201,
Chambers' motion concerning, Vol.         202, 203, 204, 205, 206, 207, 210,
1, 514, 515;.530 1   221, 300, 332, 384, 401, 402, 403,
Official Reporter,' remarks on the motion        404, 406, 407, 457, 458, 470, 476,
to reconsider the vote on the adop-          480, 481, 482, 485, 491, 495, 496,
tion of the resolution in favor of the,      497, 499, 500, 501, 502, 503, 50.4,
Vol. II, 416                                 511, 513, 532
Order for compensation to certain offi       Vol. 2.
cers of the Convention for extra             18, 27 35, 46, 47, 64, 69, 70, 73, 76,
services,                  Vol. II, 868      100,112, 125,128, 150 152,172, 173,
Orders for compensation to William               189, 190, 191, 193,' 197, 199, 201,
Hall, Postmaster of the. Convention,         210, 244 258, 259, 261, 262, 263
for extra services,.Vol. II, 869, 871     264, 291, 330, 341, 342, 343, 344.
Printing and Reporting, remarks on the346, 360361 362, 363, 365, 36
resolution of Mr. Howard, authori-369 376,486 523, 528 539, 540
zingthe President of theConvention           541, 542,55 554, 555; 557, 575,
to draw for,sums due for-  Vol-. II, 876
to draw forsums due for,: Vol. II, 876      578, 580, 582, 584, 612, 613, 616,
617, 618, 619, 620, 623, 625; 632,
Public: Works, remarks on the report             634 635, 637, 638, 64064    644
creating a Board of,  Vol. II, 443,           46, 647, 650, 652, 65, 654 655,
-.  444; 453, 455  656, 658; 659, 660, 661, 663, 701,
Registry Law, remarks on the,   Vol. I, 65       705, 706, 707, 711, 71:8, 720 721
Report from the Committee on Printing,           722, 727, 729,' 736, 739, 740, 742,
on the letter of the official report-        743, 745, 749, 751, 752, 753, 759,
er concerning the reporting of the           761, 763, 765, 766, 767;, 768, 774,
ConVention,                Vol. II, 243      779, 784, 787, 788, 790, 795, 796
Remarks thereon,     Vol, II, 243, 244,          797, 809, 813, 840, 848, 849, 850,
245, 417, 422                           867, 874, 878, 889




5
Attorney General and his -Deputies, re-   Printers, remarks on the Report concernmarks on the Report of the Com-           ing the payment of additional sums
mittee concerning the,    Vol. I, 532     to the,                   Vol. II, 550
Civil Officers, remarks on the report     Recess of the: Convention, remarks on
concerning certain,      Vol. i, 848      the resolution concerning a daily
Committee Clerks, remarks in relation to                               Vol. II, 642
the discharge of,         Vol. I, 497  Reporting of the Convention, remarks
Constitution, remarks on the Report con-'    on the Report of the Committee on
cerningfuture changes i n the Vol. II, 244 Prinng  g relative to.the,  Vol. 1I, 244, 418
Amendment to the Report,: i  Vol. 11, 360  Representation Question, remarks on
Education, amendment'to Mr. McHen-            the, Vol. I,107, 109, 119, 120, Vol.
ry's proposition;concerning, Vol. II, 813  Il8 27 35, 46, 47, 64, 69 70, 73
Elective Franchise, remarks on the Re-76, 100, 112, 125,128, 189, 190 191,
port of the committee on the,'                  193, 701, 705, 706, 707, 711, 721
Vol. I, 31, 32, 54, 74, 87, 88, 90  Amendments to the Report on the,
Amendments thereto,    Vol. I, 87,, 88, 102,               Vol. II, 172, 707, 722, 774
Remarks on tle resolution to close de-    Resolution relating to absentees,  Vol. I, 33
bate on the first section of the Re-  Remarks thereon,            Vol. I, 33, 34
port on the,            Vol.: I, 56, 57  Rights, remarks on the Bill of, Vol. I,
Executiv.e Report, remarks on the,:Vol.       147, 148, 156, 160, 184, 187, 192,
I, 457,'458, 470,. 476, 480, 485, 491,:193, 194, 195, 198, 201,202, 203, 204
499,5(0, 501, 503, 504, Vol. II, 21Q  Amendments thereto, Vol. I,.187, 193,,
Amenidments thereto, Vol. I, 458, 475, 4194, 195, 201, 205, 210
480, 491, 502, 503 BREWER, GEORGE G., Secretary to the
Explanations,personal,  Vol. I, 221,    Convention,       Vol. I, 373, 451, 506
Vol. 11, 150, 152, 584  Resolution concerning his compensation,
Judiciary, substitute for Mr. Annans or-                               Vol. lI, 837
der closing the general; debate on   BREWER JOHN, of Montgomery County,
the Report of the Committee on the                  Vol, 100, 339, 379, 479, 480
Department of theol., 4                                       Vol. II0, 748
Judiciary, remarks on the Report of the   Elective Franchise Report, remarks on
committee on the,'Vol. II, 523, 528,      the,                      Vol. I, 100
539, 540, 541, 542, 552, 554, 555,    Executive Report, remarks on the, Vol I, 479
575, 578, 580. 612,' 513, 617,' 618    Amendment thereto,.      Vol. I,' 479, 480
619, 623, 625, 632, 635, 638, 640,    Judiciary Report, amendment to the,
644, 646,' 647, 650, 652 653, 654,                                 Vol. II, 748
655, 659,_660, 661, 729, 739, 740;    Legislative Report, amendment to the,
745, 749, 751, 753, 795, 796, 797, 801                              Vol. I, 339
Amendments to the Report, Vol. II, 552,   Representation Question,remarks on the,
557, 582, 612, 616, 618, 635, 659,                                  ol. II, 105
727, 742, 743, 784  Bribery at Elections, [See Fraichtise.]
Legislative Report, remarks on the, Vol.  BROWN, ELIAS; of Carroll County.
1, 402, 404, 407, Vol. II, 258, 259,   Vol. 1.
261, 262,.263, 264, 291,' 341, 342,      25, 28, 29, 30, 33, 34, 36, 41, 43, 44,
343, 344,.346, 663, 759,.761, 763,       56, 57; 65, 66, 67, 98, 99, 106, 107,
767,i,768, 779, 850     109, 113, 116, 122, 126, 131, 136,
Amendments thereto, Vol. I, 384, 401,         138, 139, 140, 156, 158, 163, 166,
403, 406, Vol. II, 258, 291, 341,342,      188, 207, 244, 251, 258, 263, 267,
344, 766, 850.275, 277, 282, 290, 293, 294, 296,
Master and Slave, remarks on Mr. Presst-      303, 306, 307, 308, 309, 311, 316,:  an's order concerning,. Vol. 1,114    321,, 328, 332, 333, 337, 341, 343,
Motions; to reconsider, remarks on the        351, 354, 356, 362, 366, 373, 374,
motion of Mr. Chambers, of Kent,          378; 381, 386, 387, 395, 416, 420,
concerning,:          Vol. 1,511, 513     426, 431, 436, 441, 445, 458, 461,
Order relating to uniform rates of toll       464, 465, 466, 479, 485, 488, 495,
on railroads and canals,  Vol. II,201                             497, 498, 506
Order concerning 17th rule,    Vol. I, 99  Vol. 2.
Order concerning the purification of the.     19, 26, 33, 36, 49, 50, 52, 78, 79, 80,
Hall,                     Vol. I,139      100, 119, 123,3 129, 130, 132, 147,
Order concerning the Previous Question,       148, 149, 171, 173, 174, 200, 210,
and prohibiting the Convention re-        290, 329, 332,,338, 339, 341, 343,.solving itself into'Committeeof the       345, 347, 348, 365, 366, 367, 375,
Whole,                    Vol. I, 104     379, 389, 398, 402, 403, 407, 408,
Substitute therefor,          Vol. I, 104     410,   412 413,1 415, 448, 522, 557,
President of the Convention, remarks on        558, 563, 574, 575, 578, 587, 588,
the order concerning the per diem of,     595, 596, 601, 604, 605, 608, 613,
Vol. II, 874     618, 624, 625, 639, 652, 697, 700,




6
701, 704, 711, 712, 735, 736, 740,     Resolution regulating debate generally,
741, 745, 749, 750, 751, 758, 788,                                  Vol. II,, 758
801, 802, 804, 811, 816, 817, 818,     Rights,remarks on the Bill'of,  Vol. I,
820, 824, 834, 838, 839, 840, 842,                                  156, 163, 188
843, 846, 852, 854, 860, 865, 867, 872 BUCHANAN, JAMES M., of Baltimore
Absentees, remarks on the order relating       County.
to,                        Vol. 1, 44  Vol. 1.
Civil Officers, amendments to the Report       26, 66, 67, 73, 75, 77, 78, 96, 98,
concerning certain, Vol: II, 839, 842, 843  115, 126, 132, 133, 136, 149, 171,
Remarks thereon,         Vol. II, 840, 846     177, 190, 205, 211, 220, 243, 258,
Committee Clerks, remarks in relation          280, 286, 291, 293, 296, 297, 308,
to the'discharge of,  Vol. I, 497, 498     328, 329, 371, 372, 375, 388, 393,
Constitution, remarks on the Report con-        397, 406, 457, 460, 461, 476, 486,
cerning future changes of the, Vol.                                 498, 506, 507
II, 365, 366, 375  Vol. 2.
Amendments to the Report,    Vol. II,21, 79; 89, 90, 173, 180, 183, 212,
365,367, 376       213, 218, 225, 238, 246, 248, 330;
Constitution, remarks on the order con-        341, 381, 383, 384, 396, 459, 461,
cerning the printing and circulation        485, 500, 510, 534, 549, 555, 573,
of copies of the amended,  Vol. 1I, 804     586, 587, 588,589, 593, 596, 598,
Constitutions, remarks on the article as       606, 608, 609, 618, 623, 633, 641,
to the operation of the new and:old,        642, 644, 647, 648, 649, 654, 655,
Vol. II, 824      699, 700, 701, 705, 720, 722, 735,
Education, remarks on the Report on,            750, 753, 761, 762, 799, 804, 805,
Vol. II, 811      812, 817, 840, 841, 842, 843, 856,
Elective Franchise Report, remarks on                               869, 871, 872, 873
the, Vol. 1, 28, 29, 36, 65, Vol. II. 860  Civil Officers, remarks on the Report
Executive Report, remarks on the,Vol. I,       concerning certain,  Vol. II, 840,
458,461,465,466,488; Vol. 11, 210                               841,842, 843
Amendrments thereto,  Vol. I, 461, 464, 466 Constitution, remarks on the Report
Judiciary, remarks on the Report of the         concerning future changes of the,
committee on the,   Vol. II, 200,                                Vol. It, 383, 384
558, 563 574, 575, 595, 601, 639,       Constitution, remarks on the Order con700, J01, 735, 736, 745, 749, 750,'      cerning the printing and circulation
Amnm t751o,, 801, 802  of copies of the amended,  Vol II, 804
Amendments to the report, Vol. II, 557, 
595, 608, 639'  Debates, remarks concerning the ReLegislative Report, remarks on the,            ports of,            Vol. II, 872, 873
Vol. I, 251, 258, 263, 267, a275, 277,  Education, amendment to the Report on
296, 306,, 309, 311, 316, 321, 328,    the subject of,          Vol., 81
333, 337, 341, 343, 351, 356, 362,      Elective Franchise Report, remarks on
366, 386, 387, 416, 420, 426, 436,         the,                        Vol. 1, 26
445; Vol. 1I, 332, 338, 343, 345, 347,  Evening Sessions, remarks concerning,
852, 854                      Vol. I, 77; Vol. II, 180
Amendments to the,   Vol. I, 309, 386,      Executive Report, remarks on the,Vol. I,
387, 420       457,461, 476, 486; Vol. II, 212, 213,
Master and Slave, remarks on the Report                                  218, 225, 238
concerning the relation of,  Vol. I, 139  Amendment to the Report,    Vol. I, 460
Order relating to census returns,  Vol. 1, 25  Hour of Meeting, remarks on the, Vol. I,
Order concerning the'absence of, Vol. II, 19                                  66, 67
President of the Convention, remarks on    Judiciary, remarks on the Report of the
the order concerning the per diem of       Committee on the, Vol. Ii, 461, 485,
the,                      Vol. I1, 838      500, 510, 534, 555, 586, 587, 589,
-Public Works, remarks on the report            598, 609, 618, 633, 644, 647, 648,
creating a board of,  Vol. II, 402,             649, 654, 655, 699, 735, 750, 753, 799
403, 408, 410, 412, 413, 415  Amendments to the Report, Vol. II, 586,
Amendments to the Report, Vol. I.                                  593, 609, 699, 700
398, 413   Legislative Report, remarks on the,
Representation Question, remarks on the,       Vol. I, 258, 280, 328, 329, 388, 393,
Vol. I, 106, 107, 116, 136;,ol.           Vol. III, 341, 761, 762
26, 33, 36, 50,'52, 78, 79, 80, 119,    Amendment thereto            Vol. I1, 761
123, 129, 10, 173, 818  Map, remarks on the Order relative to
Amendments to the Report on the, Vol.          lithographing the State,  Vol. II, 183
11,.171, 173  Order concerning the absence of Mr.
Resolution concerning debateon amend-           Welsh,                   Vol. IH, 608
ments to the Judiciary Report,         Presidency  ro ten;, remarks on being
Vol. II, 697      elected to the,            Vol. I, 507




7
Representation Question, remarks on           489, 513, 523,,524, 525, 536, 551,
the, Vol. I, 132, 133, 286; Vol. II,      553, 584, 596, 597, 602, 604, 605,
79, 89,90,549      610, 619, 521, 622, 624, 641, 643,
Resolution concerning the pay of the Pa-      662, 664, 697, 701, 704, 705, 706,
ges of the Convention,   Vol. II, 596     707, 708, 709, 710, 712, 713, 719,
Revision, remarks on the Order relative       722, 723, 724, 725, 726, 767, 769,
to committee of,     Vol. II, 246, 248    771 772. 773, 782, 785, 787, 789,
Rights, Bill of, remarks onthe,Vol.1, 171,177  814, 817, 819, 820, 826, 827, 852,
853, 856. 857, 858, 859, 862, 864,
C                           869, 870,, 871, 873, 878, 879,: 880,
882, 883, 886, 888, 889
CALLS OF THE CONVENTION.                    Attorney General and his Deputies, reVol. 1                                        marks on the Report of the Com33, 43, 49, 158, 166, 176, 269, 280,       nittee on the office of the, Vol. I,
288,:294, 325, 326, 372, 394, 410,'              552, 536, 548, Vol. Ii, 12, 14, 38
Vol. -            429, 485, 486, 505, 506  Amendment to the Report,      Vol. II, 9
37, 93, 100, 131, 147, 148, 149, 152,  Business of the Convention, remarks on
176, 183, 199, 237, 355, 381, 416,        the order of Mr. Howard, concern448, 492, 500, 521, 522, 506, 601,        ing the finaldisposition of,  Vol. 11, 782
608, 618, 701, 722, 733, 745, 753,    Constitution, remarks on the Report con780, 788, 790, 817, 837, 838, 849,        cerningfuture changes in the, Vol. II, 368
855, 856, 860, 867, 872  Constitutions, remarks on the, Article
CARTER, R. C., of Caroline County,              concerning the operation of the new
Vol. I, 339, Vol. II, 184, 185,:484, 741  and old,           Vol. 11, 826, 827
Petition presented by,       Vol. II, 741  Constitution as engrossed, remarks on
Representation Question, amendments to        the respective orders concerning the
the Report on the,   Vol. II, 184, 185    copies of the, Vol. II, 879, 880, 882
CAUSES, Prosecution or defence of.. [See                                883, 886, 888
Judliciary.]                           Elective Franchise Report, remarks on
CENSUS, Order to add up the returns of,        the, Vol. I, 29, 30, 42, 46, 48, 51, 52,
Vol. I 25      53, 57, 78,79, 80, 89, 94, 96, 100,
Communications from Mr. Kennedy con-                   243, Vol. 2, 857, 858, 859, 862
cerning the,       Vol:, 78, 176,207  Amendments thereto, Vol. I, 25, 28, 79,
CHAMBERS, EZEKIEL F., of Kent                              80, 81, 97, Vol. II, 857, 864
county.                               Elective Franchise, report from the comVol. 1.                                       mittee on the,             Vol. I, 67
25, 28, 29, 30, 42, 46, 48, 51, 52, 53,  Executive Report, remarks on the, Vol.
57, 65, 67,78, 79, 80, 82, 83, 88, 89,    I, 454, 461, 462, 468, 469, 471, 472,
91, 94, 96, 97, 98, 100, 103, 104, 106,   483, 489, 491, 492, 493, 498, 503,
109, 111, 112, 113, 115, 116, 122,        504, 505, Vol. II,203, 204, 206,209,
126, 127, 128, 129, 130 131, 133,                                 212, 226, 230
134, 135, 136, 139, 143, 145, 146,    Amendments to the Report, Vol. I, 470,
147, 156, 157, 163 164, 170, 174,              471, 489, 491, 505, Vol. 11, 204, 214
177, 181, 183, 184, 192, 193, 194,    Explanation, personal,        Vol. I, 198
198, 200, 201, 202, 203, 204, 205,    Judiciary, remarks on the Report of the
206, 209, 215, 26, 218, 239, 243,         Committee on the, Vol. l, 466, 487,
245, 262, 267, 275, 2841 286, 288,        489, 513, 53, 524, 525, 536, 553
289, 294, 296, 297, 298, 299, 300,            584, 604, 610, 664, 701, 769, 771, 878
302, 303, 305, 311, 314, 328, 329,     Amendments thereto, Vol. 11, 602, 604,
330, 332, 335, 336, 352, 353, 354,                                 611, 701, 878
358, 359, 366, 369, 371, 372, 373,     Legislative Report, remarks on the, Vol.
374, 381, 382, 383, 387, 392, 393,, 245, 262, 275, 294, 296, 302, 303,
396, 397, 399, 403, 415, 416, 424',       305, 311, 328, 39, 330, 332, 335,
433, 437, 449, 450, 454, 461, 462,        336 352, 353, 358, 359, 366, 369,
468, 469, 470, 471, 472, 479, 483,        381, 382, 33, 387, 392 393, 396,
489, 491, 492, 493, 495, 496, 498,        397, 399, 403, 415, 424, 433, 449,
503, 504, 505, 507, 508, 510, 512,        450, Vol. 11, 254, 257, 258, 260, 270,
513, 515, 522, 536, 548     271, 277, 282, 286, 290, 330, 331
Vol. 2.                                                       346, 662, 767, 852, 853
9, 12, 4, 21, 23, 24, 30, 33, 34, 36,  Amendments to the'Report, Vol. I, 305,
38, 67. 76, 77, 80, 107,108, 152, 162,    329, 336, 381, 396, 397, 399, 416,
168, 172, 179, 180, 187,, 188, 193,            424, Vol. II, 254, 257, 282, 643, 853
194, 195, 196, 199, 201, 203, 204,    Militia, amendment to the Report on
206, 209, 212, 214,, 226, 230, 242,       the,                      Vol. II, 814
244. 246, 247, 254, 257, 258, 260,    Mitchell, James S., remarks on the Re270, 271, 277, 282, 286, 290, 330,        port in the case of,     Vol. I1, 551
331, 346, 368, 380, 393, 395, 396,     Motions to reconsider, remarks concern408, 452, 454, 455, 456, 466, 487,        ing, Vol. I, 507, 508, 510, 512, 513, 515




8
Order concerning the hour of meeting      CHARTERS.
on Mondays,               Vol. 1I, 396'[See Corporations and Banks.]
Orders concerning the State' Map,,        CHICHESTER, W. B., Assistant SecreVol., 596, 597        tary to the Convention, Vol. II, 865,
Petition presented by,         Vol. I, 479                                  868, 873
Public Works, remarks on the Report       CHURCH PROPERY,Prpositions concreating a Board of; Vol Ii,393, 395,
creating a Boardof, Vol. 11,393, 395,   cerning the limitation of, Vol. I,'454. 455, 456                              216 217 218
Reporting of the Convention, remarks on   CIVIL OFFICERS Order by Mr. Bell
the Report of the Committee on              conrnin     ertain        V      741
Priting concerningtheVol.  44          -  concerning certain,       Vol. 11, 741
Printing concernirng the, Vol. II, 244,
419, 423, 424  Report by Mr. Tuck, from the commitRepresentation question, remarks on the,        tee appointed to consider and report.VoL I, 106, 111, il2, 115,116, l 122,      respecting the.appointment and ten127, 128, 129,9 133, 134, 135, 136,         ure'of certain; Vol. II, 486, 836, 838, 841
286, 288, 297, 298, 299, 374, Vol.      Report by Mr. McHenry, from the same
II, 21, 23, 24, 30, 33, 34,.67, 76, 77,     committee,                Vol. II, 717
1,07, 108, 162, 187, 188, 193, 194,   CLAIMS, before the Legislature, provi195, 201, 643, 701, 704, 705, 7006,         sion concerning the' advocacy of
707, 708, 709, 710, 712, 7i3, 71,9,                         Vol., 450, Vol. II, 869'722, 724, 72o,: 72, 773, 819, 820 CLERGYMEN, &c., eligibility of, to the
Amendments to the Report on the;,               Legislature. [See Legislature.]
Vol. II, 36, 162, 196, 199, 705, 726,  CLERKS, to Committees. [See Committee
819, 820       Clerks.]
Instructions to the committee on the,     CLERKS AND REGISTERS, Provision
Vol., 127       respecting  the compensation  of,
Report upon the.               Vol. 1, 286      Vol. I, 448, 457, Vol. II, 355, 356,
Reports from the Revisory Committee,                  359, 727, 728,730, 731, 733, 734
Vol. II, 870, 871, 873, 878    [See, also, Judiciary.] 
Revision, remarks on the order. relating  CODE OF LAWS. [See Laws.]
to Committee on,      Vol. 11, 246, 247 COLORED POPULATION- [See PopRights, Bill of, remarks on the, Vol. I,        ltiOR
14 3, 145, 16,47, 156, 157,163,count
164, 170, 174, 177, 181, 183, 184,..   Tabot count          54
192, 193, 194, 200, 201, 202, 203,.     OMMITTEE                       Vol. I
COMMITTEE CL     ERKS,
204, 205, 206, 209, 215, 239, Vol. 11,      Vol.   25 478, 479, 486, 494, 495
785, 787       Vol. I, 25, 478, 479, 486, 494, 495,
Amendments thereto, Vol. I1 157, 184,                                  496, 516, 529
215Amo,Vl.8, V. II, 7851   Committee (select) to inquire into the
expediency of discharging some of
Rule, remarks on proposed. amency of discharging some of
to the 22d, (respecting motions to         the,                        Vo.., 478
reconsider,)      Vol. II, 697, 771  Reports from the said committee, Vol. I,
reconsider,)'        Vol. 11 697, 771
494, 495
CHANCELLORS' COURTS. [See Judi-             COMMITTEES, (select,) on the arrangeHA0 cinary.]                                iment of seats in the Hall,  Vol. I, 207
CHANDLER, H. J., of Baltimore county.      On new counties,    Vol. I, 243. [See
Vol.' 1.'210, 213 222,. 304, 389, 391, 392,          Counties]
21, 213, 22,304, 389,  394, 4  5  To examine the rules of the Convention,
Vol. 2.
Vol. 2.- 393,394,433,5                          Vol. I, 300. [See Rules.]
172, 269, 367, 727, 822, 865, 868  On the license system,;  Vol. 1, 385, 396
Absence of, statement of the President          [See Lcense Laws.
of the Convention concerning the,       Concerning.the discharge of Clerks and
Vol. II, 269      Door-keepers of the Convention,Vol.
Order of Mr. Welsh concerning the,'                       I, 478, 479, 486,494, 495, 496
Vol. II, 367  On the case of James S. Mitchell, Vol.
Legislative Report, remarks on the, Vol.        II, 242. [See Mtchell, James S.]
I, 389, 3911 392, 393, 433  On Revision,       Vol. I,245, 248, 260
Amendment thereto,             Vol. I, 389      [See Revision Committee.]
Order for extra compensation to Mr.         To examine the Journal of the ConvenChichester, the Assistant Secreta-          tion to be kept as a record, Vol. II,
ry,                       Vol. II, 868                                    605, 606
Rights, Bill of, remarks on thei Vol. I,        [See Journal of the Convention.]
20o, 213   To contract for the publication of the
CHAPLAINS OF THE CONVENTION,                      amended constitution,     Vol. II, 875
(Rev. Messrs. Griffith and Grauff,)         [See Constitution.]
Order respecting compensation to      COMMITTEE OF THE WHOLE, Vol.,
the,                      Vol. II, 783        I, 25, 36, 46, 58, 6778, 83, 88, 89, 105




9
Chairman of the, Mr. Blakistone, on the     Civil officers, amendment to the Report
elective Franchise report. [See Bla-        concerning,           Vol. II, 840 842
kistone.]                               Remarks thereon,              \Vol. II, 843
Order of Mr. Brent; of Baltimore city,      Constitution, remarks on the Order conprohibiting the Convention resolv-          cerning the engrossed copy of the
ing itself into,           Vol. I, 104      amended,                  Vol. II, 882
COMMUNICATIONS from                           Constitutions, additional article concernThe Treasurer of the State, Vol. I, 33,         ingthe operation of the new and
166, 332       old,                      Vol. II, 823
The Governor of the State of Louisiana,     Remarks thereon,              Vol.IIj 824
in relation to its system of Educa-     Judiciary, remarks on the Report of the
tion,                       Voi. I 33       Committee on the,     Vol. I:I, 748 878
- J. C. G. Kennedy, Superintendent of the   Legislative Report, remarks on the; Vol;.
census,'       Vol.;I, l78, 176, 207    1,' 320, 383, 384, 414, 416, 420, 422,
-he~ommlssionersof  tMary's'424, 455; Vol. II, 764, 766, i67, 768
The Commissioners of Tax for St. Mary'sR                             ol., 383,
Amendments.to the:Report~ Vol. I, 383,
County, relative to fees paid to the
395,397,419,420, 424; Vol. II, 764,
Attorney General and his Deputies,                  41,       44 Vol. II, 764,
766, 767.  - ol. T  104  Order for compensation to Samuel PeaE. Root, Superintendent of Public In-                                  f
cock, committee. Clerk, for extra
struction in Wisconsin,    Vol. 1, 177            c       e C       f 
The Clerk of Kent Cqunty,'Vol. I, 269     service,          Vol.1, 176
Petition presented by,        Vol. 11, 176
The Governor of the State of Alabama,       Treasury Department,. amendment to
relating to the Compromise Mea-             the Report on the,        Vol. II 833
sures passed by Congress,.  Vol. I, 384 CONSTABLES, [See Judiciary.]
The same relative to the School system I  CONSTITUTION, as amended, the, Vol. I, 3
lof that State,           VoLI, 385
of that Sta,  V.,    Articles concerning the operation of the
E. Smardenncerning                               new and others, cVol. II, 824, 825, 826, 827
hlic education             Vol. I, 104  Motion to re-commit the engrossed copy
The Clerk of the: Levy Court of Kentof the amended,                       Vo. II, 883
County, relative to the fees of the     Orders concerning the printing and cirAttorney General and his Deputies,          culation of copies of the amended,
Vol. I, 385               Vol. II, 803, 804, 805, 875, 877
The Governor of the State of Maryland,      Orders concerning the signature and pubtransmitting papers in the case of          lication of the amended, Vol. II, 864, 866
James S. Mitchell,        Vol. II, 240  Order concerning the deposit of the enThe same, covering a communication              grossed copy of the amended, Vol. II, 879
from H. Hubbell; Esq., in the samne     Reports from thel committee on future
case,                     Vol. II 614       aniendments'and revisions of the:
Henry G. Wheeler, official Reporter,            asto the mode in which it may be
concerning the Reports of the De-           altered, changed, or abolished, Vol.
bates of the Convention, Vol. II, 99, 868   LI, 223, 245, 359, 360, 365, 366,367,
COMPENSATION:OF STATE OFFICERS.                   372, 375, 376, 377, 378, 379, 380,
Mr. Dorsey's proposition requiring those                         381, 384, 388, 389, 850.whose.com pensation'exceeds arnnu-.Report (final) of the amended,  Vol. II, 889
ally the sum of $3,000, to pay the      Signed by the President of the Convenexcess into the State Treasury,             tion                      Vol. 1I, 890
Vol. II, 814 CONVENTION.
COMPROMISE,:                                  Business of the, Vol. I,76;: Vol. II, 780,
Communication from the Governor of                                       781, 782,855
the State of Alabama, acknowledg-       Convention, calls of the, [See Calls of the
ing the receipt of the Report of the'   Convention.)
Committee of the (Conventionofthe       Convention, expenses of the, nVol. II, 758
Stateof Maryland, on the late actsonvention, per dim       of the members of
of Congress, concerning the, Vol. 1 384     the,                      Vol. II, 87.^ ^  X....., Convention,' Primary School-address
COMPTROLLER, Provision for the elec-              From,                    Vo. I, ss'from the,                  Vol. 1, 88
tion of,                   V ol. I, 166  Convention to alter or abolish the Con[Se e. lTreasury Department.]               stitution, provisions respecting the
CONSTABLE, ALBERT, of CecilCounty,                call of a, Vol. II, 223, 245, 359, 360,
Vol. 1.                                         365, 366, 367, 372, 375, 376, 377,
296, 320, 383, 384, 39  3997, 414,                  378, 379, 380, 381, 384, 388, 389
416, 419, 420, 422,424, 455 CONVEYANCING, Simplification of the
Vol. 2.                                         forms of. [See Legislative: Depart176, 478, 764, 766, 767, 7,68, 823,          nent.]
824, 833, 840, 842, 855, 866, 867,    CONVICTIONS, Propositions concerning,
871, 875, 878, 879, 882                            Vol. I, 199, 200




10
CORPORATIONS, Order of Mr. Ste-              Legislative Report, remarks on the, Vol.
phenson, concerning charters of,           I, 397, 404, 405, 407, 409, 443, 444,
Vol. I, 82                   450; Vol. II, 584, 606, 607
Order of Mr. R. J. Brent, concerning       Amendments to the Report, Vol. I, 397,
uniform rates of toll of,  Vol. I, 201                      399,409, 437, 442, 606
Propositions concerning,  Vol. II, 764, 766  Order concerning the absence of Mr.
Report by Mr. Wells, from the commit.          Dashiell,                  Vol. I, 19
tee on,                  Vol. II, 717  Petition, presented by,        Vol. I, 457
CORRECTION,                     Vol. II, 9   Report, from the minority of a select
CORRUPTION OF BLOOD, [See Rights.                committee in relation to the reducCOUNTIES, NEW.                                   tion of Clerks to Committees, and
Order of Mr. Smith concerning a corn-          Door-keepers               Vol. I, 495
mitteeupon,                Vol. I, 243  Representation Question, remarks on
Provisions concerning, Vol. I, 380; Vol.       the,             Vol. II, 108, 130, 150
II, 259, 332,333, 334, 337, 338, 339,  Amendment to the Report of the commit521, 870      tee on the,               Vol. II, 184
Report of Mr. Smith on Allegany county,    Rule remarks on the amendment proVol. I, 356      posed to the 22d,         Vol. II, 697
[See also,, llegany, Frederick, and
Washington Counties, and Howard                          D
District.]
COUNTY COMMISSIONERS, Vol. II,              DALRYMPLE, I. J., of Calvert county.
840, 842                                Vol. II, 705
COUNTY COURTS. [See Judiciary].             DASHIELL, J. J., of Somerset county.
COURT OF CHANCERY. [See Judiciary.           Vol. 1,45, 46, 107, 112, 113, 114, 149,
CREDIT OF THE STATE. [See Legis-                 235, 236, 237, 238, 396, 437, 492,
lative Department.]                        493, Vol.jII, 330, 595, 660, 758, 759,
CRISFIELD, J. W., of Somerset County.                                     781, 804, 875
Vol. 1.                                    Absentees, amendment to the order con74, 98, 100, 104, 143, 221, 243, 397,       cerning,                   Vol. I, 45
399, 402, 404, 405, 407, 409, 437,      Constitution, remarks on the order con442, 443, 444, 450, 457,. 458, 468,        cerning the printing and circulation
469, 470, 471, 474, 486, 487, 491,          of the amended,          Vol. II, 804
495, 499, 500, 503, 516, 519, 520,      Executive Report, remarks on the, Vol. 1, 493
523, 528, 537, 549  Amendments thereto,       Vol. I, 492, 493
Vol. 2.                                     Judiciary, amendment to the Report of
19,108,130,146, 150.182, 184, 199,         the committee on the,     Vol. II, 660
200, 445, 459, 460, 467, 487, 492,      Legislative Report, remarks on the,
501, 503, 504, 555, 559, 560, 563,                               Vol. 1I, 758, 759
564, 565, 566, 578, 579, 580, 582,      Master and Slave, remarks on the order
584, 586, 587, 589, 591, 601, 606,           f Mr. Presstman concerning,
607, 608, 616, 618, 637, 638, 651,                                Vol. I, 113, 114
652, 697, 698, 699, 775  Order concerning the absence of Mr. J.
Attorney General and his Deputies, re-         U. Dennis,                Vol. II, 781
marks on the Report of the commit-      Representation Question, remarks on
tee on the office of the, Vol. I, 519,     the,                       Vol. I, 107
520, 523, 537, 549  Rights, Bill of, remarks on the, Vol. I,
Amendments to the Report, Vol. I, 537, 549                          235,236, 238, 437
Elective Franchise Report, remarks on       Amendment to the,     Vol.I, 235, 236, 237
the,                   Vol. I, 74, 100 DAVIS, ALLEN     B., of Montgomery
Amendment thereto,            Vol. I, 104      county.
Executive Report, remarks on the, Vol.     Vol 1.
I, 458, 468, 469, 470, 474, 491, 499,       40, 43, 53, 70, 84; 88, 112, 114, 219,
500, 503, 528      221, 222, 225, 307, 326, 368, 397,
Amendments thereto, Vol. I, 458, 469,          398, 419, 424, 425. 427, 430 432,
470, 471, 500, 503                    433, 434, 435, 457, 490
Explanation, personal,       Vol. II, 584  Vol. 2.
Judiciary, remarks on the, Vol. I, 243;        7, 80, 87, 131, 236, 245, 253, 341,
Vol. lI, 199,200, 460, 467,492,501,        346, 355, 356, 357, 359, 378, 381,
503, 504, 555, 659, 560, 563, 564,          390, 407, 408, 413, 414, 415. 425,
565, 566, 579, 580, 586, 587, 589,          426, 443, 446, 448, 458, 484, 600,
616, 618, 638, 651, 652, 699, 775  605, 617. 702, 707, 727, 780, 783,
Amendments to the Report on the, Vol,789, 791 806, 808, 809, 812, 828
II, 459, 460, 487, 492, 501, 503, 560,  Allegany County, remarks on the Report
578, 579, 582, 589, 616, 61, 637, 698    concerning the division of,. Vol. II, 253
Judiciary, Report from the minority of      Constitution, remarks on the Report conthe committee on the,     Vol. I, 516       cerning future changes of the, Vol. I 378




11
Education, remarks on the Report con-     DEBT the public. [See Loans, Improvecerning,          Vol. II, 806, 808, 909    ments, Internal, Education and LegisAmendment to the Report,      Vol. II, 809     lative Department, item Credit of the
Additional Article:to the Constitution,        State.]
on the subject of,        Vol. II, 812 DEBTS to the State, remission of. [See
Elective Franchise Report, remarks on          Executive Department.]
the,                 Vol. I, 40, 53, 70 DEBTS, securities for,   Vol. II, 753, 854
Executive Report, remarks on the, Vol.    DEBTORS, Provision protecting from ex1, 457, 490, Vol. II, 236    ecution a certain amount of the
Judiciary Report, remarks on the,'Vol. II, 600  propery of, Vol. I, 407, 408, 409,
Amendment thereto,            Vol. II, 617                                   410, 411
Legislative Report, remarks on the,       DECLARATION      OF.RIGHTS.     [See
Vol. I, 36,  97, 424, 425, 427, 432,        Rights.]
433, 434, Vol. II, 341, 346, 355, 356,  DELEGATES, electionof. [See Le.ila357, 484.ive Department.]
Amendments to the Report, Vol. I. 398,    DENNIS, JAS. U., of Somerset county.
424, Vol II, 356      Vol I, 75, 84, 85, 90, 95, 150, 260,
Petitions presented by, Vol. I, 419, Vol.       293, Vol. II, 80, 131, 259, 283, 624, 781
II, 605   Elective Franchise Report, remarks on
Public Works, remarks on the Report             the,          Vol. I, 75,84, 85, 90, 95
creating a Board of, Vol. II, 390,      Amendment to the Report,       Vol. I, 84
407, 408, 413, 414, 425, 426, 443,      Legislative Report, remarks on the, Vol.
446, 448, 458                                II, 259, 283
Amendment to the Report,      Vol. II, 448  Order limiting debate on the RepresenRecess, order concerning a,   Vol. II, 783     tation Question,       Vol. II, 80, 131
Remarks thereon,              Vol. II, 783  Rights, remarks on the Bill of,  Vol. I, 150
Reporting of the Convention, remarks      DENNIS, JOHN, of Somerset county.
on the Report of the Committee on       Vol. I, 96, 292, 340, 387, Vol. II, 100,
Printing concerning the,  Vol. II, 245             196, 226, 593, 595, 788,855,890
Representation Question, remarks on         Elective Franchise Report, remarks on
the, Vol. I, 117, 118, Vol. II, 80, 87,     the,                       Vol. I, 96
702, 707   Executive Report, remarks'on the; Vol.
Rights, Bill of, remarks on the, Vol. I,                                      I, 226
222, 225   Judiciary; remarks on, the Report of the
Amendments thereto,            Vol. I, 219     Committee on the,         Vol. II, 595
DEBATES, Resolutions to close,               Amendments to the Report, Vol. II, 593, 595
V'ol. 1.                                    Legislative Report. remarks on the, Vol. I, 387
On the first Section of the Report      Amendment to the Report;      Vol. I, 240
of the Committee on the Elective      Petition presented by,       Vol. II, 788
Franchise,                      55    Representation Question, remarks on
On the pending article of Franchise,  83   the,                       Vol. II, 196
On the whole subject of Franchise,  97 DENT, JOHN F., of St. Mary's county.
Resolution of Mr. Sollers concern-      Vol. 1.
ing the debate on the same subject,  99   106, 107, 108, 131, 190, 199, 200,
DEBATE, Resolutions to close,                    201, 328, 331, 338, 339, 374, 389,
Vol 2. 2                                               396, 407, 429, 446, 447, 459, 467
On the Report concerning the Attor-     Vol. 2.
ney General and his Deputies,    5        153, 165, 201, 733, 734, 737; 738,
Do. on the Representation Question,  78                     789, 817, 822, 841, 849
Do. on the Judiciary Report, 484,       Executive Report, remarks on the, Vol. I, 459
486, 697   Amendment thereto,            Vol. 1, 459
DEBATE.                                      Judiciary Report, amendments to the,
Vol. 2.                                                              Vol. II, 733, 737
Resolution of Mr. Brown regulating      Legislative Report, remarks on the,
general,                       758                  Vol. I, 328; 331, 338,339, 407
Order of Mr. Howard prohibiting         Amendments thereto, Vol. 1, 328, 331,
after a certain day,   780, 781, 782                                   389, 407
Order of Mr. Thomas concerning          Order concerning expenses of State map,
the application to the Elective                                     Vol. II, 841
Franchise Report of the general       Representation question,remarks on the,
order limiting,                855        Vol. I, 106, 107, 374, 429, Vol. II,
DEBATES OF THE CONVENTION, re-                                                153; 165
ports of. [See Reporter.]                   Amendment to the report on the,  Vol.
DEBATES, Copies of the Reports of,                                              II, 153
Vol. I1, 741, 816  Rights, Bill of, remarks on the, Vol. I,
DEBT, Imprisonment for, Provision to                                      199, 200, 201
abolish, Vol. I, 138, 446, 447, 448,    Amendments to the,       Vol. 1,190,
450, Vol. II, 606, 608                             199, 200, 201




12
DIRICKSON, L. L., of Worcestercounty.        AttorneyGeneral and his Deputies, reVol. 1.                                        marks on the report on the office of
36, 43, 93, 95, 130,'157, 159, 190,        the,                       Vol. I, 522
192, 266, 271, 277, 282, 286, 288,     Civil Officers, remarks on the report con290, 294, 296,' 301, 372, 476, 478,        cerning the appointment and tenure
479, 484, 495, 486, 487,:489, 491,        of office of certain,  Vol. II, 836, 837
-494, 507, 520, 521, 526, 528, 548'  Amendment thereto,      Vol. II, 839
Vol. 2.                                    Constitution, remarks on the report con6, 7 11, 25, 79, 93, 100, 131, 133,        cerning future changes in the, Vol.
147, 152, 184, 185, 199,. 269, 270,                              11, 372,380, 383
380, 448, 513, 558, 570  Amendments to the report,  Vol. I1,
Attorney General and his deputies, re-                                  372,373, 379
marks on the report on the office of    Constitution,.remarks on the article conthe,    Vol. I, 520, 521, Vol. 11, 6, 7, 11  cernin  the operatio  of the new
Amendments to the report, Vol. I, 521,         and old,                  Vol. II, 827
548, Vol. ll, 6, 7, 11  Constitution, remarks on Mr..Grason's
Constitution, remarks on the report con-       order concerning the engrossed copy
cerning future changes i the, Vol.          of the amended,'.        Vol II, 884'II, 380  Elective Franchise Report, amendment
Elective franchise report, remarks on          to the,                     Vol. I, 30:the,' Vol. I, 36, 43, 93, 95           Executive- Report, remarks on the, Vol.
Executive Report, remarks-on the, Vol.         I, 457, 467,478,. 481, 502, 504, Vol.
1, 476, 478, 484,485, 486,491, 494,                                       II, 212
526,528   Amendment'to the report,       Vol. I, 481
Amenidments thereto,      Vol.I, 484, 487  Explanation,'personali        Vol. I, 299
Judiciary, remarks on the'reportof the     Judiciary, remarks on the report of the
c ommittee on the,         Vol. 11, 558     Committee on the,'  Vol. II, 497,
Amendment to the report,      Vol. 11, 513                      498, 499, 514, 518, 519'Legislative Report, remarks on the,        Amendments to the.report,   Vol. 1I,
Vol. I, 271, 277, 282, 301                                492, 497
Representation question, remarks on the,     egislative Report, remarks on the,
~Vol.  130 28Vol. I, 79                           249, 266, 283, 302, 333, 337,
Vol. I, 130, 26, Vol, 1, 79, 100, 131,133 
Amendment to the report on the;  Vol.          341, 42, 349,351, 363, 366,417,
11, 184:423, Vol. 11, 255, 256, 257, 570, 764,
Rights, Bill of, remarks on the, Vol. I,                                    852, 853.159, 191 1"92  Amendments to the report, Vol. I,'294,
Amendments to the,            Vol. 1  91            340, 423, 424, Vol. II, 254, 256, 764
DEPARTMENT, Judiciary. [See Judi-            Licenses, report from the select comciary.]                                    mittee on,                Vol. II, 855
DEPARTMENT, Legislative. [See Le-            Petitions presented by,    Vol. I, 190, 428
gilative Department.]3                  Public Works,'remarks on the report
DEPARTMENT, Treasury. [See Treas-                creating a Board of,      Vol. II, 404
ury Department ]                       Repres'entation question,remarks on the,
DESKS, order concerning,         Vol. I, 169                               Vol. II, 140;DISTRICTS, iGubernatorial. ['See'Exec-     Amendment to the report on the, Vol, II, 19
titive Depaitmenet.]3                   Revision, Committee of,'reports from,
DISTRICTS, Judicial. - [See Judiciaiy.]                            Vol. II, 873, 874, 875
DISTRICTS, Senatorial. [See Senatorial       Amendment,                    Vol. II, 875
Dis tricts.]J                           Rights, Bill of, remarks on the; Vol. I,
DIVORCES,, Vol. I, 338, 339        164, i67, 191, 192, 210, 218, 228, 230
DONALD~SON,THOMAS,ofAnne'Arun-               Treasury Department, remarks on the:del county.                                report concerning the, Vol. II, 816,
Vol. 1.:..817, 829, 835
30, 164, 167, 190, 191, 192, 207, 210,  DOOR-KEEPERS,'ol. I, 478, 479 494, 495,2-8, 226, 228,, 230, 244, 249, 266,    Committee appointed to inquire into the
283, 294, 296, 299, 302, 307, 308,          expediency of discharging some of
332, 333, 337,.338, 340 341, 342,          the,                      Vol. I, 478
349, 351, 354, 355, 356, 363, 366,      Reports from the committee, Vol. I, 494, 495
377, 396,. 399, 407, 417, 423, 424,   DORSEY, THOMAS B., of Anne Arun428, 457, 467, 478, 481,,482, 502, 504, 522  del county.
VoL 2.                                     Vol. 1.
19, 140, 212, 254, 255, 256, 257, 348,      25, 29, 31, 32, 34, 35, 3, 3 8, 43, 54,
372, 373, 379, 380, 383, 404, 492,         55, 56, 73, 74, 75, 79, 89, 91, 96, 97,
497, 498, 499,. 514, 518, 519. 570,        98, 99, 100, 101, 102, 103, 113, 118,
624, 764, 816, 817, 827, 829, 835,         139, 148, 184, 187, 190, 191, 192,
836, 837, 839, 841, 852, 853,. 855,'       193, 195 200, 201, 214, 216, 217,
1873, 874, 875, 884    219, 220, 234, 235,'243, 244, 245,




13
416, 2- 60, 269, 290, 293, 294, 303,   Judiciary, remarks on the Report of the
304, 305,:307, 308, 309, 310, 319,        committee on the, Vol. II, 466, 485,
322, 324, 326, 327, 328, 329, 340,         498, 505, 57 507 11 635, 653, 658,
357, 369, 385, 386, 387, 395, 396,                                 661, 698, 729
397, 398, 399, 401, 405, 410, 418,     Amendments to the:report Vol.. II, 503,
419, 429, 436, 441, 442, 444, 454,         505. 512, 635,653,-658, 659, 698,`728,743
457, 458, 459, 460, 463, 464, 465,     Law, additional article' prohibiting'cer467, 470, 471, 473 474, 475, 476,         tain officers practiciig,  Vol. II, 861
477, 483, 484, 485, -486, 487, 488,    Legislative Report, remarks on the, Vol.
490, 491, 492, 498. 499, 515, 519:,, 244, 245,290, 303, 304, 305, 307,
522, 530, 544, 546, 547    309, 310, 319, 322, 324, 327, 32,
Vol.2.                                        329, 340, 357,' 369, 385, 386, 397,,
3, 4, 7, 8, 9, 13, 14, 19. 22, 37, 38,     398, 399, 401, 405, 410, 418, 419,
52, 54, 80, 92, 127, 131, 146, 147,        444; Vol. II, 257, 261, 263, 337; 338,
149, 152, 163, 164, 169, 174, 177,                         339, 342, 344, 760, 768
178, 179, 181, 182, 183, 195, 196,     Amendments to the Report, Vol. I, 245,
197, 209, 210. 212, 216,' 2 1, 218246, 290, 293,; 294, 303, 304, 305,
223, 237, 240, 246, 250, 257, 261,310, 319, 326, 328, 329,'40, 357
263, 337, 338, 339, 342, 344, 348,            3 85, 386, 387, 399, 419; Vol. II, 337
367, 396, 427, 440, 443, 445, 446,     Map of the State, remarks on the order
466, 485, 498, 503, 505;,507, 511,         directing the lithographing of the,
512, 521, 549, 635, 653, 658, 659,'Vol. 1I,: 181, 182, 183
661, 698, 728, 729, 743,' 760, 768,  OFFICERS, additional article to thebCon-'782,785, 787, 803, 814, 817, 827,         stitution concerning those whose
828, 829, 833, 835, 861, 862. 863,         pay annually'exceeds the sum of
864, 869, 870     $3,000,                   Vol. II, 814
Allegany county, remarks on the report     Remarks thereon,             Vol. II, 814
-concerning the division of,: Vol. II, 250  Order relating to causes of absence, Vol.
Attorney General) and his Deputies, re-                                    1 35,: 43
marks on the report on the office of   Remarks thereon,               Vol.;1,35
the, Vol. 1, 519, 522, 544, 546, 547,  Order concerning the absence of Mr.
Vol. 1II, 7, 8,%9,13, 14,8  Davis,                   Vol. II, 131
Amendments to the report, Vol. II, 7.9, 14, 19  Petitions presented by, Vol. I, 148, 190, 243
Claims, motion to take up report from      Public Works, remarks on the Report'
Committee No. 14, respecting the          creatin'g a Board of,' Vol. II, 396,
advocacy of,             Vol. ii, 870                          427,443,445, 446
Remarks thereon,             Vol. II, 870  Amendment to the Report, Vol. II, 440,
Counties, new, report from the Commit-                                     445, 446
tee on, creating a new county from     Representation Question, remarks on
parts of Frederick and Washington,        the, Vol. I, 429; Vol. II, 22, 52, 127,1
Vol. II, 782             149,164; 169, 174, 195, 196, 223
Elective Franchise Report, remarks on      Amendments to the report on the, Vol. II,
the,Vol. I, 25, 29, 31, 32, 38, 73, 74,      37, 80, 92, 146, 147, 163, 169, 196, 223
79, 91, 97, 101, 102, 103, Vol. II, 862  Revision, remarks concerning a commitAmendments to the, Vol. I, 73, 75, 96,        tee on,                  Vol. II, 246
99, 100, 101, 102. 103; Vol. II, 862  Rights, Bill of, remarks on the, Vol. I,
Remarks on the resolution to close de-        184, 187, 190, 192, 193, 195, 200,
bate on the first section of the. Vol.         214, 216, 217, 234; Vol. II, 785,,787
1, 55, 56  Amendments to the, Vol. I,. 184, 187,
Evening Sessions., remarks on the order                                    191, 214
relating to,     Vol. II, 177,178, 179  Rule, remarks on proposed amendments
Executive Report, remarks on thie, Vol.       to the 17th, Vol. I, 515, 530; Vol. II, 3, 4
I, 455, 457,.458, 459, 460, 463, 464,   Treasury Department, remarks on the
465, 467, 470, 471, 474, 475, 476,         Report concerning the, Vol. II, 817,
483, 484, 485, 487, 488,: 49490,491,                           828, 829, 833,835'492, 499; Vol.II, 209, 210,2121, 2    Amendments thereto, Vol. II, 782, 833, 835
217, 218, 237 DUELLING, Provision concerning, Vol. I, 399
Amendments to the Report, Vol. I, 454,
455; 458, 460, 471, 473, 477, 483,                       E
484, 486,'487; 490, 491, 498
Explanation, personal,        Vol. I, 220 EASTERN SHORE..
Howard District, Report providing for      Right of peaceable withdrawal from the.
the formation of, into a County,           Western,                 Vol. II, 851
Vol. I, 219      [See Secession.].Remarks thereon, Vol. I, 441, 442; Vol.  ECCLESTON, J. R., of Dorchester Counl1I,.348      ty,                 Vol. 1, 376,:849




14
EDUCATION, PUBLIC, Communication               Appointments to office by the, Vol. I,
from E. Smardon and others, con-             468, 469, 470, 471, 491, 499, 500,
cerning,                    Vol. I, 104                    502, 503, 505; Vol. II. 816
Propositions concerning, Vol. I, 424, 430,    uspensions, arrests and removals by the
435, 436, 437, 442, 443, 444, 445,                              Vol. 1, 471, 472, 473
446, 448; Vol. I, 339, 340, 341, 342,    Pardoning power of the, Vol. 1, 473,
344,346, 3447Vol. 61339340341342I,1,,,
344, 346, 347 621, 82, 813.  [See            474, 477, 478, 479, 480, 481, 482,
also, title Legislative Department,                                         483, 484
item, Credit of the State,.              Remission of debts by the,      Vol. 1  483
Report of Mr. Smith, flrom the commitn -     Residence and salary of the. Vol. I, 484,
tee on,                     Vol. I, 339               486, 487, 489, 490, 491, 492, 493
Debate on the Report,            l. I, 85    Other powers and duties of the, Vol. I,
Debate'on the Report,  Vol. 11 1 805,         483, 484
Amendments to Report, Vol. II. 807,                                n o, 
808, 80, 810, 812  Districts for the election of, Vol. 1, 459,
808, 809C, 810, 812     460, 505; Vol. 11, 214, 215, 223,226,
EGE, ANDREW G., of Carroll County,'                     " 
239, 250
Vol. I 326, 425, 427, 430, 431, 432,
Vol. I 36, 425v, 1427, 430, 431, 432I,  Veto power of the,     Vol. II, 243, 348, 35,5
433, 436, 455 Vol. 1I, 578, 753, 789NATIONS.
4   X0     ~'''' - 807, 813EXPLANATIONS.
807, 1313  V 1 1
Vol. 1.
Education, remarks on the subject of,                    Dirickson of his remarks in
By Mr. Dirickson of his remarks in
Vol. II, 807, 808      relation to double voting,        43
Amendment thereto,             Vol. II, 807       By Mr. Spencer of his remarks in
Executive Report, remarks on theVol. I,            reply to Mr. Phelps,              97
455        By Mr. Chambers, of Kent, in relaLegislative Report, remarks on the, Vol.            tion to Mr. Gwinn,               199
I, 425, 430, 431, 432, 433, 436    By Mr. Gwinn, in reply,            199
ELECTIONS, bribery at, [See Franchise.]             By Mr. Dorsey, in relation to reELECTIONS, contested, of                              marks of Mr. Brent, of Baltimore
Governor,                      Vol. I, 458          city,                           220
Judges. Clerks, Registers,     Vol. II, 878       By Mr. Brent, in reply,            221
ELECTION, Judges of,             Vol. IJ, 741       By Mr. Thomas, of his remarks in
ELECTION of Delegates and State Sen-                  relation to the distribution ofpo-:  ators, [See Legislative Department.]litical power,                            299
Senators of the United States, [See Leg-                              te     e:islative Departmeent.l                        ject,                             299
ELECTIVE FRANCHrISE. ] [See  JFn-By Mr. Spencer, of his remarks as
chise4                                          Ways and Means,                 471
^ chise.lto the action of the committee of
ERRATA.      Vol. I, 260, 299, 524; Vol. II, 855s and Mea                             471
EVENING SESSIONS.         [See. Sessions.]          By Mr. Spencer,                    54
EXECUTION, Exemption of propertyBy                       r. Morgan,                    54
from. [See Legislative Departnmelnt.]        By Mr. Brent. of Baltimore city, 150, 152
EXECUTIVE DEPARTMENT,                              By Mr. Jenifer,                151, 152
Report of Mr. Grason on the,    Vol. I, 451      By Mr. Howard,                     194
Substitute of-Mr. Sprigg,      Vol. I, 452        By Mr. Brent, of Baltimore city,  194
Debate on the leport, Vol. 1, 454, 457,'
460, 467, 479, 486,498; Vol. 11, 201,
22e3, 24, 348, 816 FAMILIES, Propositions to protect from
Amendments to the Report, Vol. I, 452,ale a certain portion of the
454, 455, 457, 45S, 459, 460, 46t,      f     orced sale a certain portion of the
454, 455, 457, 458, 459, 460 461property of                           336    40
property of, Vol. 1, 138, 336, 400,
464, 465, 466, 467, 468, 469, 470,                            401,40, 403,405 406
471, 472, 473, 47 4,  47  8, 4879,       [See also Title Legislative Department,
480, 481,' 482, 483, 484, 486, 487,          item  Eecuti.)
489, 490  491; 492, 49, 494, 4,        FIERY, LEWIS P., of Washington county,
499, 500, 502, 5)3, 505; Vol. II  01         V   l 1 77, 82 105, 158 159 211,
204, 214, 215, 223, 26, 239, 240   8         294, 300, 319, 325, 410, 486, Vol. II,
2 ~43, 348, 355, 816       19, 20, 76, 1'26, 20.1, 810, 811
Governor, term of office, and time'of       Education, remark    the e   rt on 
Education, remarks on the Report on the
election of the, Vol. I, 454,455, 457;subject of,                   Vol. II, 810, 811
Vol. 1I, 201, 204, 214  Amendment thereto.            Vol. II, 810
Mode of Election of the, Vol. I, 454,        Executive Report, remarks on the, Vol. I 486
457, 458, 459; Vol., I, 201, 204, 214 Legislative Report, remarks on the, Vol. I, 294
Eligibility of the, Vol. I, 458, 460, 461    Amendment thereto,              Vol. I, 294
464, 465, 466   Petition presented by,         Vol. II, 201
Contested Election of the,     Vol. I, 458   Representation Question, remarks on
Vacancy in the office of he, Vol. I, 466, 467    the,                 Vol. II, 20, 76 126
Oath of office of the,          Vol. I, 467  Amendment to the Report on the, Vol. II, 19




15
eRsolution providing for Evening Ses-       Oath of office,  Vol. I, 51, 91, 99, 100,
sions of the tonvention,    Vol. I, 77                            Vol. II, 857, 864
Remarks thereon,                Vol. I, 77  Qualifications of voters, Vol, 1, 25, 28,
Rights, Bill of, remarks on the, Vol. I,        30, 36, 38, 40, 41, 46, 58, 67, 69, 71,
158, 211                            73, 75, 78, 79, 80
FINANCES. [See Title. Legislative De-         Registration; or ascertainrhent, of voters,
partmnert, item, Credit of the State.]                    Vol. I, 81, 83, 84;,97, 104
FINES, Provision respecting,     Vol. I, 483 FREDERICK COUNTY, Petitions conFITZPATRICK      JAMES, of'Allegany              cerningthe formation of a new
Co. Vol. I, 132' 133, 136, 335,-336,        county fromparts of Washington
400, Vol. II, 1, 223, 245, 253, 360,        and, Vol. I, 371, 428, 460, 479, 496,
367, 375, 513, 610, 728 743, 839               48 Vl    11, 201      758
Allegany County, remarks on the Report          [See Washington County.]
on ningthe division of,  Vo   253  Report of Mr. Dorsey, providing for the
concernin thedivision of,. Vol. II, 253 
Civil Officers, amendment to the Report          om   o        new  couy fom
in relation to certain,   Vol., 839        parts of Washington and,  Vol. II, 521
Constitution, remarks on the Report of    FREE COLORED POPULATION. [See
the Committee on future amend-'            Population 
ments and revisions of the, Vol. II, 223 FREIGHT, Companies for the transportaAmendments to the Report, Vol. II, 360          tion of. [See Tolls.]
i367, 375 FUND, Executive contingent,
Report from the same Committee, Vol. II, 245                      Vol. I, 336,337, 338
Judiciary Report, remarks on the, Vol. II, 610                G
Amendment thereto,    Vol. II, 513,610, 728 GAITHER, JOHN D., of Frederick coun-.Legislative Report, remarks on the, Vol., 336l. I, 371           ol. I, 131, 220, 245
Aty.'Vol. 1, 371; Vol. 11, 131, 220, 245
Amendments, thereto;,      Vol.,1335, 400.
menments, thereto,  Vol. I, 335, 400  Petition, presented by,       Vol. II, 131
Representation Question, remarks onsuffoation                                  I, 126
i~~the,~ Vol. 136GASi, suffocation by,                       Vol. I, 126
the,                  Vol. 136   Committeeon,               V.     126 127
16 Coihmittee on,         Vol. I, 126, 127
FOOKS, JAMES M., of Worcester coun- 
ty. Vol. Ij 99, 396, Vol. I', 736, 788, 857 GENERAL ASSEMBLY    [ee Lsl
Elective Franchise Report, amendments, of Q    n 
GEORGE, ENOCH, of Queen Anne's.to the,         Vol. I, 99~ X ~  c., 857   ounty. Vol. I, 221, 225, 338, 340,
Judiciary Report, amendment to the,                          414,. II, 741, 742, 
414, Vol. II, 741, 742, 751
Vo - X 3 6 7Judiciary Report, amendments to the,
Rights, Bill of, amendment to the, Vol. II, 788  Judiciay RI 71 
Vol. II, 741, 742
FORFEITURES, Provisions respecting,
FORFEITURES, Provisions respecting,'  Legislative Beport, remarks on the, Vol. I, 414
Vol. 1, 199, 200, 483                          o       l, 1, 0,     Amendments thereto,   Vol. I, 338, 340, 414
FORFEITURES OF ESTATE.           [See         Rights, Bill of, remarks on the,  Vol. I, 225
Rights.]                                Amendments to the,        Vol. I, 221, 225
FORMS     AND    PROCEEDINGS      OF        GOLDSBOROUGH, WILLIAM          T., of
COURTS OF RECORD. [See Le-                  Dorchester county;       Vol. II, 889
gislative Depaltmnent..]               GOVERNMENT, form ofFRANCHISE, the Elective, Report by            Propositions concerning the right to alMr. Chambers, of Kent, from the             ter reform or abolish the.  [See
Committee on the,           Vol. I, 67      Rights.]
Debate on the Report on, Vol. I, 25, 36,  GOVERNOR, election, eligibility, powers
46, 55, 58. 67, 78, 83 88, 99, 104,         and duties of the. [Se Executive
131, 132, 139, 140, 243, Vol. II, 857,      Departmelnt.]
861, 862 GOVERNOR LOWE, of Maryland,
Amendments to the Report on, Vol. I,        Communications'from,      Vol. II, 240, 614
25, 28, 30. 36, 38, 40, 41, 46, 51, 52,     [See Comimunications.]
58, 67, 69, 71, 73, 75, 78, 79, 80,   GRASON, WILLIAM, of Queen Anne's
81, 83, 84, 87, 88, 91, 92, 95, 96,         county.
97, 99, 100,'101, 102, 103, 104,       Vol. I.
Vol. II, 857, 861, 862, 863, 86     46, 75, 79, 95, 96, 97, 139, 140, 351,
Bribery, prosecutions for, Vol. 1, 52, 91,     354, 387, 388, 398, 404, 411, 417,
95, 96, 99, 100, 101, 102   420, 422, 423, 424, 433, 434, 451,
Bribery, procurement of votes by, Vol. 1,       454, 455, 457, 458, 459, 460, 464,
87, 88, 91, 95, 96, 99, 100, 101, 102,      465, 466, 467, 468, 469, 470, 471,
Vol. 11, 862:    472, 474, 479, 480, 482, 483, 484,
Disqualifications to vote, Vol. 1, 87, 88,      485, 488, 490, 491, 492, 493, 494,
91, 95, 96, 100, 101, 102, 103           499, 502, 504, 505, 524, 525, 526
Elections, success of, propositions con-    Vol. 2.
cerning the giving of money, &c.,    i      45, 64, 196, 197, 201, 202, 212, 229,
to promote the, Vol. I, 102, Vol. II, 863   233, 234, 236, 237, 248, 254, 260,
Illegal or fraudulent votes,  Vol. I, 99, 104   263, 292, 500, 529, 555, 594, 609,




IfI
610, 634, 705, 728, 730, 733, 746,    Vol. 2,
760, 762, 769, 816, 825; 836, 837,        15, 17, 19, 21, 29, 46, 58, 73, 75,'76,
838, 852, 876, 883, 885, 889   77, 112, 168, 176, 255, 269, 270, 329,
Civil officers, remarks on the Report         340, 341, 342, 357, 365, 366, 403,
concerning the tenure and appoint-        407, 451, 497, 498, 500, 522, 537,
ment of certain,         Vol. II, 837      592, 596, 601, 623, 627, 629, 653,
Constitution, order concerning the en-        658, 659, 662, 699, 704, 712, 713,
grossed copy of the amended, Vol.         719, 729, 734, 737, 738, 739, 740,
II, 883, 889     747, 749, 759, 762, 790, 791, 792,
Remarks thereon,    Vol. lI, 883, 885, 889    801, 804, 805, 810, 813, 814, 824,
Constitution, remarks on the article con-             825, 826, 841, 845, 847, 848, 866
cerning the operation of the new       Attorney General and his Deputies, reand old,                 Vol. II, 825      marks on the Report on the office
Elective Franchise Report, remarks onof the, Vol. I, 522, 524, 533, 541, 544
the,             Vol. I, 75, 95, 96, 97  Civil Officers, remarks on the Report
Executive Department, Report on the,           concerning the appointment and tenVol. I, 451      ure of office of certain,  Vol. II, 845
Remarks thereon, Vol. I, 451, 454 455,     Clerks of Courts of Baltimore city, arti457, 458, 461, 464, 467, 468, 469,         cle as to,               Vol. II, 866
470, 471, 472, 474, 480, 482, 483,     Clerks to' committees, remarks in rela484, 485, 488, 490, 491, 492, 493,         tion to the reduction of the'number
498, 499, 502, 504, 505, 526, Vol.         of,                       Vol. 1, 529
II, 202, 212, 229,233, 234, 236, 237,  Constitution, remarks on the Report
816       concerning future changes in the,
Amendments to the Report, Vol. I, 455,                              Vol. 11, 365, 366
457,458, 459, 460, 465, 466, 467,      Constitution, remarks on the order con468, 471, 472,] 484, 494, 498, 505,        cerning the printing and circulation
Vol. II, 201, 816     of copies of the amended,
Judiciary Report, remarks on the, Vol.                             Vol.1I, 804, 805
II, 500, 529, 555, 594, 609, 634,728,'Substitute therefor,        Vol. II, 805
73I, 733, 746  Constitution, remarks on the article as
Amendments thereto,      Vol. II, 594, 609     to the operation of the new and old,
Legislative Report, remarks on the,                             Vol. iI, 824, 825, 826
Vol. I, 251, 387, 388, 398, 404, 417,  Elective Franchise Report, remarks on
420, 422, 423, 424, 433, 434, 524,        the,                  Vol. 1, 31 32 92
525, Vol. II, 254, 263, 292, 760,  2   Executive Report, remarks on the,Vol. I,,762, 769, 852'               457, 458, 459, 465, 480, 481
Amendments thereto,   Vol. I. 387, 398, 769  Amendments thereto,  Vol. I, 458, 466,
Petition presented by,        Vol. II, 64                                  480, 481
President of the Convention, order con-    Explanation, personal,        Vol. 1, 199
cerning the per diem of the, Vol. II, 838 Judiciary Report, remarks on the,
Judiciary Report, remarks on the,
Representation Question, remarks on           Vol. IT, 497, 498, 537, 627, 629, 653,
the,                  Vol. II, 45, 196    658, 662, 729, 734, 737, 738, 739,
Amendment to the Report on the,                                        791, 792, 801
Vol. II, 197  Amendments thereto, Vol. II, 537, 627,
Revision, remarks on the order concern-                            659, 738, 747, 749
ing committee of,        Vol. II, 248  Legislative Report, remarks on the,
Revision, Report from the committee on,       Vol. I, 255, 275, 329, 330, 331, 334,
Vol. II, 816      377, 378, 395, 396, 399, 405, Vol. 11,
Amendment to Report from the same                 255, 270, 340, 341, 342 357, 759, 762
committee,               Vol. II, 876  Amendments to the report, Vol. I, 304,
Rights, Bill of, remarks on the,  Vol. 1, 140  326, 329, 331 332, 395, 396, 399,
GRAVE-YARDS, protection of,                                      405, Vol. II, 342, 762
Vol., 419, 460  Order relating to the absence of Mr.
GUBERNATORIAL DISTRICTS. [See:Marriott, committee clerk.  Vol., 25
Execiutive Department.]               Order to terminate debate on the elecGWINN, C. J. M., of Baltimore city.             tive franchise report,     Vol. I, 97
Vol. 1.                                   Order as to new matter        Vol. I, 866
25, 31, 32, 36 39, 73,. 74, 92, 97, 98,  Order concerning the absence of Mr.
99,107, 108. 110,111, 116. 122, 127,      Presstman,                Vol. II, 269
129, 148, 169, 170, 190, 195, 197,    Petitions presented by, Vol. I, 235, Vol. II, 176
198, 199,232, 235, 236, 255, 275,     Reporting of the Convention, remarks
290, 291, 293, 300, 304, 307, 326,        on.the,                  Vol. II, 421
329, 330, 331, 332, 334, 377, 378,    Representation question, remarks on the,
395, 396, 399, 405, 442, 457, 458,         Vol. 1, 107, 108, 110, 116, 127, 129,
459, 465, 466, 480, 481, 515, 519,        Vol. 1II 21, 29, 46, 58, 73, 75. 76,
520, 522, 524, 529, 533, 541, 544, 548                      77, 112, 704, 719




17
Amendment to the reporton the, Vol. II,168 HARDCASTLE, EDWARD, of Caroline
Instructions to the Committee on the,           county,                  Vol. II, 864
Vol. I, 11 HEALTH OFFICERS,               Vol. II, 844
Rights, Bill of, remarks on the,. Vol. I,.  HEARN, E., of Worcester county,
169, 170, 195, 197, 198, 232, 235, 36   Vol. I, 25, 402, 411, Vol. -1, 147,
457, 780, 875
Hi                       Order relating to the absence of Mr. Jacobs,                      Vol. I, 25
HALL, the, Order of Mr. Brent, of Bal-      HERBERT, S. T., Door-keeperto the Contimore city, concerning the purifica-       vention,                 Vol. I, 866
tion of,                   Vol. 1,' 139 HICKS, THOMAS H., of Dorchester
Order of Mr. Magraw, concerning the            county.
arrangement of seats in the,  Vol., 149  Vol. i.
Order of Mr. Biser to the same effect,         34. 35, 40, 43, 55, 60, 63, 1, 1,2'6
Vol. I, 207      145, 151,'. 152, 155, 204, 205, 265,
HALL, WILLIAM, Postmaster to the                 267, 268, 313,. 315, 402,- 404, 411,
Convention,      Vol. II, 865, 869, 871                         495 516, 529, 530
HARBINE, THOMAS, of Washington               Vol. 2.
county.                                       19, 147, i52, 153, 281, 283, 286, 287,
Vol, 1.                                        376, 384, 385, 388, 502, 512, 513,
25, 45, 66, 67, 76, 77, 8,- 86, 105,      523,'53, 528, 536. 554, 573. 577,
108, 118, 136, 148, 149, 213, 217,             580, 642, 643, 710, 843, 849, 851, 864
243, 255, 267, 286, 290, 293, 296,      Civil Officers, remarks on the Report
306, 313, 321, 339, 356, 369. 380,         concerning the appointment and ten381, 387, 388, 389, 396, 399, 400, 401  ure of office of certain,  Vol. [I, 843
Vol. 5.                                     Committee Clerks, remarks on the mo79,163, 400, 405, 407, 486, 521, 578,      tion to re-consider the vote,of the
585, 626, 660, 713, 730, 733, 758,          Convention, dispensing with the ser780, 804, 827, 850, 867, 874   vices of certain,          Vol. I, 529
Absentees, remarks on resolution as to,    Constitution, remarks on the-Report conVol. 1, 25      cerning future changes of the,
Constitution, remarks on the order con-                          Vol. II, 376, 384, 385
cerning the printing and circulation    Amendments to the Report, Vol. II, 376, 384
of copies of the amended,  Vol. II, 804  Elective Franchise Report, remarks on
Constitution, remarks on the motion to         the,,                Vol. 1, 40, 60, 63
reconsider the vote on the article      Judiciary Report, remarks on the,
prescribing the mode of altering the,      Vol. II, 502, 512, 522, 522 3 528, 536,
Vol. 1I, 850                          554, 573, 577, 580
County, new, remarks on the report pro-    Amendment thereto,.   Vol. II. 512, 513, 573
iding: for the formationi of a, fron    Legislative Report, remarks on the,
parts of Frederick: nd:Washington,         Vol. 1, 265, 313, 315, 404, 411 Vol.
Vol. 1, 521                      I1, 281,2 83, 286, 287
Elective Franchise Report,; remarks on      Amendments thereto, Vol., 102,410
the,                        Vl. I, 86                            411, Vol. lI, 851
Evening Sessions, remarks on the reso-      Order relating to evening sessions, Vol. 1, 35
lution providing for        Vol. I, 77  Order (substitute)) oncerning a daily reLegislative Report, remarksl on.the,           cess of the Convention,  Vol. II, 642
Vol.. 1, 255, 306; 313 351, 369, 380,   Representation Question, remarks on
387, 388, 38399, 399 400   the,                   Vol. II, 19, 710
Amendments thereto,       Vol. I,'387, 399  Rights,-Bill of, remarks on the,
Judiciary Report, remarks on theVo. I,                          Vol.   151, 152, 155
585, 626, 660, 730  Amendments to the,   Vol. 1, 145, 204, 205
Amendments thereto,  Vol, 1I, 585, 660, 730 HODSON, JOHN H., of Dorchester counMeeting, hour of, remarks on the,             ty.                       Vol. I, 338
Vol. 1, 66  Legislative Report, amendment to the,
Order relating to the absence of'Mr.;,Vol. I, 338
Michael Newcomer,                5ol.  H  I, W5 HO IDA,  ILLIAM M., of Allegany
Petitions presented by,  Vol. I, 356,          county. Vol. I, 340, 410, 428, 468,
Vl1. II, 758                           Vol. II, 735, 736
Public Works, remarks on. the report       Executive Report amendment to the,
creating a Board of,  Vol. II, 400',                                  Vol. 1, 468
405,' 407  Legislative Report, amendment to the,
Representation question, remarks on the,                                 Vol. I, 410
Vol. I, 108, 136, 286, Vol. II, 79  Judiciary Report, amendments to the,
Rights, Bill of, remarks on the, Vol. 1,                             Vol. II, 735, 736
5213; 17   Petition presented by,        Vol. 1, 428
Rule, remarks on amendment to the 23d,   HOMESTEAD EXEMPTION.            [See
Vol. I, 76      Franchise.]
B




18
-lOPEWVELL, J. R., of St. Mary's county.      Evening'Sessions of the Convention) reVol. I, 325, 442, Vol. II, 165   marks on the order concerning,
Representation Question, remarks on                                   Vol. II, 178, 180
the,'                     Vol. II, 165  Executive Report, remarks on the,
Atnendment to the RPeport on the, Vol. II, 165            Vl.., 503, Vol. II, 208, 234
HOPKINS, BENJAMIN, [attendant on              Explanation, personal,        Vol. II, 194
the furnaces, &c.]        Vol. II, 620  Judiciary Repprt, remarks on the;
HOUR OF MEETING. [Sree Meeting.],
HOU:R OF MEETING.       LSee JMeeting.]           Vol. II, 507, 510, 529, 579, 584,.
HOWARD, BENJAMIN C., of Baltimore                 587, 619, 630, 636 659, 660, 730,
county.                                                              738; 746, 802
Vol. 1.'269, 6284, 286, 287, 503, 543 Amendments thereto, Vol. I, 559, 619,
Vol. 2                                                               631, 659, 660, 730
5,.9, 10, 13, 14, 18, 21, 52, 69, 73,   Legislative Report,!remarks on the,
^7^, 38(u88[l)2l7M'lVo II, 262, 266, 267,268, 291,341,
74, 75, 78, 80, 88,90, 178, 180, 194,       Vol 1I, 262, 266, 267, 268, 291, 341,
198, 200, 201, 208, 234, 242, 246,                                   346, 759, 762
*256, 262, 266, 267, 268, 291,!341,     Amendments thereto,           Vol. lI, 762
346, 369, 377, 384, 402, 404, 407,      Militia, Report from the committee on
408, 413, 415, 424, 426, 444, 445           the,                      Vol. II, 597
446, 448, 503, 507,.510  5    529,      Remarks thereon,              Vol. 1I, 814
551, 559, 579, 584, 587, 588, 597,      Mitchell, James S., remarks on the Re601, 619, 620, 621, 622, 630, 631,          port in the case of,      Vol. I, 551
636, 659, 660, 697, 710, 717, 722,      Order to close debate on the Represen730, 731, 738, 746, 758, 759, 276,          tation Question,           Vol. 1I, 78
780, 781, 782, 786, 802, 804, 807,      Order directing the Post Offices of the
Mee.bers of the Convention to be
814, 818, 825, 828, 839, 856, 858;                   of the Convention to be
865, 868, 875, 876, 879, 880, 882,          entered on the Journal,  Vol. I, 875
887, 888, 889, 890  Order that the Convention adjourn sine
Attorney General and his Deputies, re-          die,                      Vol. II, 879
marks on the Report on the office of    Public Works, remarks on the Report
the,'     Vol. I, 543, Vol. 4 I,' 9, 13,.14  creating a Board of, Vol. II, 201,
V402,,404,g413, 415, 426, 444, 445, 448
Amendments to the Report,   Vol. II. 10, 13 Amendmentsthereto, Vol. I, 200,402
Business of the Convention, order con413, 446
cerning the final disposition of the,   Representation Question, remarks on
Vol. II,'780     the
s t,  Vol. 1 70, 781  the, Vol. I, 284, 287, Vol. II, 18,
Remarks thereon,          Vol. I, 780, 781              21,f69,873, 74 75, 80 88, 90, 710
Civil Officers, amendment to the Report     Report on the,                 Vol. 1, 287
concerning the appointment and ten;     Resolution of thanks to the President of
ure of office of certain,  Vol. I1, 839     the Convention,           Vol. I, 856
Constitution, remarks on the Reporteon.     Remarks thereon,              Vol. II, 856
cerning future changes of the,          Resolution authorizing the' President of
Vol. II, 369, 377, 384    the Convention to draw upon the
Constitution, substitute order concern-         Treasurer for amounts due for printing the printing of copies of the           ing and reporting,        Vol. II, 876
amended,                  Vol. II,'804  Remarks thereon,             Vol. II, 876
Constitution, remarks on                                         the Order concerning the operation of the new            cerning Committee of,     Vol. I1, 246
and old,                  Vol. II, 825  Rights, Bill of, remarks on the, Vol. II, 786
Rule, remarks on amendment proposed
Constitution, order instructing Messrs.le, rem            on amendmen    roosed
to the 22d,           Vol, 11, 697, 717
Tuck and Grason to deposit the          T      y      rtment, remars on the
engrossed copy oTreasury Department, remarks on the
engrossed copy of the amended, o       Report concerning the,    Vol. II, 828
Vol. II, 879, 883 HOWARD DISTRICT, Petitions praying
Remarks on said order, Vol. II, 879, 880, 882   t      ioi     a separate Count
Constitution, remarks on Mr. Grason's'Vol. I, 148, 190 243
order concerning the engrossed copy     Reportby Mr. Dorsey on the subject,
of the amended,      Vol. II, 887, 888      Vol. I, 219, 244, 245, 441, 442, Vol.
Constitution amended,' motion that it be'                             1I, 334, 347, 348
signed by the President of the Con-   HUBBELL, HOR., Communication from,
vention, and attested by the Secre-         relating to the case of James S.
tary,                     Vol II 889        Mitchell,                 Vol. II, 614
Convention, remarks concerning the expenses of the,           Vol. II, 758 
Education, remarks on the Report on        MPEACHMENTS, Propositions concernthe subject of            Vol. II, 807      ing,   Vol. I, 336, Vol. II, 330, 331, 332
Elective Franchise Report, remarks on     IMPRISONMENT FOR        DEBT.    [See
the,                      Vol. II, 85       Debt.]




19
IMPROVEMENTS, internal, change of                484, 487, 491, 49P, 493, 494, 491,
reference of order concerning, Vol. I, 167  504, 507, 514, 522, 523, 524, 529,
Propositions concerning, Vol. I, 338, 339,                              537, 546, 548
340, 346. 355, 356, 357, 369, 375,      Vol. 2.
378, 379, 395,  414, 414 46, 419,           5,6, 1I, 16, 18, 19, 24, 25, 36, 80,
420, 422, 423, 424, 435, 436, 437,          120., 132, 147, 150, 152, 153,'163,
442, 443,, 444, 445, 446, 448    171, 173, 179, 183, 186, 1.95, 196,
[See also, Title, Legislative Department-       197., 199, 200, 214, 225, 226, 234,
item, Credit of the State.]                 240, 250, 252, 253, 255, 257, 259,.
INSPECTION LAWS,                Vol. II, 605      260, 261, 264, 374, 379,. 385, 387,
INTERNAL IMPROVEMENTS. ]See                      390, 542, 544, 583, 589, 590, 591,
Improvements Internal.]                    593, 609, 611, 702, 708, 711, 724,
iNDEXES to the Journal of Proceedings                    729, 800, 817, 818j 874 877, 881
and Register of Debates, resolution.  Absentees, remarks on the several orders
of Mr. Tuck concerning,' Vol. 1, 114, 16.relating to,          Vol. I, 33, 34, 45
Amendment,                      Vol. I, 46
INSOLVENT LAWS. [See Judiciary.]              Aendm    t,                    Vol. I, 46
INTEREST, rate of,         Vol. 11 768 769   Allegany county, remarks on the report
INTOXICATING' IQUORS          See.  Li          concerning the division of,.Vol. II,
INTOXICATING LIQUORS,         See Li-                                      5        53
250, 252, 253'cense System.]                         Amendment to the report,      Vol. II, 250
Attorney General and his Deputies,
J                            remarks on the report on the office'of the,  Vol. I, 522, 523, 537, 546,
JACOBS, CURTIS W., of Worcester                                           Vol. II, 6, 12
county. Vol. I, 25, 294, 296, 356,      Amendment to the report,. Vol. 1, 524, 548
357, 371, 375, 377, 379, 385, Vol.      Claims before the Legislature, report
11, 93, 146, 220, 269, 448, 449, 452,       concerning the advocacy of,'Vol. I, 450
504, 558, 570, 741, 769, 784, 812,.Committee Clerks, remarks relative to
839, 849, 865     the discharge of,      Vol. I, 497, 529
Civil Officers, amendment to the Report     Constitution, remarks on the report conconcerning the appointment and ten-         cerning future changes of the,
ure of office of certain,  Vol. II, 839                  Vol. II, 374, 379, 385, 387
Education, amendment to the Report on      Constitution) remarks on the order con-. the subject of,          Vol. II, 812      cerning the engrossed copy of the
Judiciary Report, amendments to the,           amended,                  Vol. II, 881
Vol. II, 558, 570  Convention, remarks on the resolution
Legislative Report, remarks on the,            concerning the per diem of members
Vol. I, 296, 356, 357, 31,375, 377,        of the                    Vol. II, 877
379, 385   Elective Franchise Report, remarks on
Amendments thereto, Vol. I, 294, 296,          Ithe, Vol. I, 38, 54, 74 81, 85, 90, 91, 95
356, 357,375,379, Vo. II, 769  Amendments thereto,        Vol. I, 81, 87
Orders relating to the absence of, Vol. I, 
-25, Vol. II, 269  Resolution to close debate on the first
Order relating to the absence of Mr.           section of the,             Vol. I, 55
Lambdern,:Vol. II, 741             Remarks thereon,            Vol. I, 55, 56
Population, free colored of the State of   Evening sessions, remarks concerning,
Maryland-Report from the Com-,Vol. II, 179
mittee on the,            V ol0 II, 220  Executive Report, remarks on the,Vol. I,
Order for its consideration.  Vol. II, 74       455, 457, 458, 459, 473, 478, 483,
Public Works, amendments. to the Re-484 487 491, 492, 493, 494, 504,
port creating a Board of, Vol. II,'                          Vol. I, 214, 225, 234
449, 452   Amendments thereto,      Vol. I, 459,
Representation Question, remarks on                              Vol. II, 214, 223, 226
tie,                   Vol. II, 93, 146  Explanatory remarks in reply to Mr. R.
J. Brent,             Vol. I, 151, 152
JENIFEKR, DANIEL, of Charles, county.            J. Brent,              Vol. I 151,152
Vol. 1..                                   Judiciary Report, remarks on the,Vol. II,
33, 34, 35, 36, 38, 42, 43, 45, 46, 54,    542, 544, 589, 590, 591, 609, 611,
55, 56, 67, 73, 74, 75, 81, 82,84, 85,                                   729, 800
87, 90, 91, 95, 98, 120, 125, 128,     Amendment to the report, Vol. II, 544,
136, 138, 139, 140, 149, 150, 152,                          583, 589, 593, 609, 611
153, 171, 184, 186, 191, 192, 195,     Legislative Report, remarks on the,
199, 200, 201, 204, 206, 207, 220,         Vol.' I, 249, 333, 335, 336, 346, 351,
224, 225, 227, 236, 238, 244, 249,         360, 378, 391, 392, 394, 402, 414,
333, 335, 336, 339, 346, 351, 360,         416,447,449, Vol. I, 255, 257, 259,
373, 378, 391, 392, 394, 402, 406,                                  260, 261, 264
414,. 416,, 430, 447, 449, 450, 455,   Amendments, to the report, Vol. I, 346,
457, 458, 459, 460, 473, 478, 483,                                  378 402,416




20
License system report from Committee       Legislative Department, Report foni
No. 14, on petitions relating to the,      the Committee on the,      Vol. I, 124
Vol. I, 460  Legislative Report remarks on the,
Master and Slave, report from Commit-                   Vol. II, 607, 608, 851, 852, 854
tee No. 14, on the relation of, Vol. I, 125  Amendment thereto,      Vol. II. 854
Remarks thereon,     Vol. 1, 125, 138      License system, remarks on the, Vol. II, 605
139,149, 150   Map of the State, remarks on the Order
Motions to reconsider, remarkl s on the.        directing the lithographing: of the,
motion of Mr. Chambers, of Kent,                                     Vol. II, 181
concerning,               Vol. I, 514   Master and Slave, remarks' on Mr.
Order li miting time of speaking,  Vol. I, 35   Presstman"s order concerning the
Order concerning the absence of the Pre-relation of,                      Vol. I, 114
Order concerning the signature and pubsident of the Convention,  Vol. II, 19'
lication of the amended ConstituPopulation, free colored of the State of         ctn    f the amended C    tituMaryland, Report from Committee           tion                       Vol. 1I, 864
No. U\1 relating toh the!'  V~oTl I f82  Petition presented by,    Vol. ll 605
N.4, relati o th,  V.,   Representation Question, remarks on
President of the Convention, remarks on        the, Vol. II, 140,167, 71,173, 186,
the Order concerning the per diem191,492,703,705,706,707,708
of the,.                Vol. II, 874     709, 710, 711, 713, 719, 723,' 724,
Public Works, Report from Committee                                817, 819, 821, 822
No. 14, creating a Board of, Vol. I, 207  Amendments to the Report on the,
Remarks thereon, Vol. I, 125, Vol. II, 390     Vol. Il 166, 170, 183, 186, 196, 199,';epresentation Question, remarks on the,       706; 708, 709, 710, 713, 718, 724,
Vol. I, 120, 128, 373, Vol. II, 16,                                     820, 822,
18, 19, 24, 25, 36, 80, 120, 132, 153,  Revision, resolution providing for a Com163, 171, 173, 183, 195, 196, 702,          mittee of,                Vol. I, 140
724, 817, 818  Rights, Bill of, remarks on the,
Amendments to the Report on the,                                     Vol. I, 146, 147
Vol. II, 25, 147, 153, 171, 183,197,  JOURNAL OF THE CONVENTION,
708, 711       Corrections of the, Vol. I, 76, 97,
Resolution providing for the appointment        104, 112, 157, 235, 283, 307, 339,
of a Committee of seven, to take            410, 456, 478, 496, Vol. II, 367, 384, 783
into consideration the Representa-    JOURNAL OF THE CONVENTION
tion Question,            Vol. II, 195      Order of Mr. Magraw, concerning
Rights, Bill of, remarks on the, Vol. I,       the keeping thereof as a record,
152, 153, 171, 184,' 192, 195, 199,                                  Vol. II, 605
200, 204, 224, 225, 236, 238  Report from the Committee appointed
Amendments to the,        Vol. I, 199, 206       under the said Order, Vol. II, 837, 838
Rule, remarks concerning the 17th, Vol. II1 5 JOURNAL OF THE    CONVENTION
JOHNSON, WILLIAM'C., of Frederick                 Order relating to extra copies of
County.                                     the                   Vol. I, 126, 131
Vol. 1.                                   JOURNAL OF ACCOUNTS, Order to
114, 122, 123, 129, 138, 140, 146, 147  close the,               Vol. II, 784
Vol. 2.                                   JUDGES OF COURTS. [See Judiciary.]
140, 166, 167, 170, 171, 173, 181,    JUDGES OF ELECTION.            Vol. II, 741
183, 186, 191, 192, 196, 199, 487,    JUDICIAL DISTRICTS.. [SeeJudiciary.]
492, 499, 501, 532, 538, 539, 574,    JUDICIARY, Department of the, Com578, 582, 583, 594,' 601, 602, 603,        mittee on the-directed to inquire
605, 607, 608, 611, 612, 613, 617,         concerning the rights and interests
619,,703, 705, 706, 707, 708, 709,'        of parties pending suit;  Vol. I, 158
710, 711, 713, 717, 718, 719; 723,      Report of Mr. Bowie, Chairman of the
724, 725, 26, 753, 755, 817, 819,           Committee on the,     Vol. I, 239, 243
820, 822, 823, 840, 842, 845, 851,      Report of Mr. Crisfield, from the minori852, 854,'862, 864      ty of the same Committee,  Vol. I, 516
Civil-Officers, remarks on the Report       Introductory discussion on the Report of
concerning the appointment and ten-         the Committee on the,    Vol. II, 199
ure of office of certain, Vol.11, 842, 845  General debate thereon, Vol, II, 459,
Convention, adjournment of the, remarks         484, 487, 504, 521, 552, 584, 596,
on motion postponing the time for           597, 608, 614, 622, 643, 698, 727,
the final,                Vol. II, 717                    733, 742 790, 816, 849
Judiciavy Report, remarks on the,           Ame'rd'ments to the Report, Vol. II, 459,
Vol. II, 487, 499, 532, 538,539, 574,       460, 486, 487, 492,.497, 501,' 503,
582' 583, 594, 602, 611, 612,.613,         504, 505, 511, 512, 513, 514, 521,
617, 619, 755      536, 537, 544 545, 546, 547, 548,
Amerndicments thereto, Vol. II, 582, 594,      549  50, 552, 554, 557, 558, 559,
602, 611, 613, 617, 753    570, 572, 573, 578, 579, 580, 581,




21.582, 583, 584, 585, 586, 588, 589,     Petition presented by,         Vol. 1, 428
591, 592, 593, 594, 595, 596, 597,    KILGOUR, J. M.,of Montgomery county,
602, 603, 604, 605, 608, 609, 610,      Vol. 1.
611, 612, 613, 614, 615, 616, 617,          38, 40,78, 81, 83,99,100,107,109,
618, 619, 620, 622, 623, 624, 625,          176, 187, 226, 325, 388, 394, 401,
626, 627, 629, 630, 631, 632, 633,                              407,429, 480, 486
634, 635, 636, 637, 643, 646, 653,      Vol. 2.
654, 658, 659, 660, 661, 662, 698,          15, 18, 19, 98, 100, 108, 148, 149,
699, 700, 727, 728, 729, 730, 731,                      329, 333, 380, 613, 618, 784
733, 734, 7935, 736, 737, 738, 740,     Elective Franchise Report, remarks on
741, 742, 743, 744, 7.45, 746, 747,         the,                       Vol.'I, 100
748, 749, 751, 752, 753, 7.54, 790,     Amendments to the,      Vol. I, 38, 40, 99
801, 802, 803, 816, 849, 878'  Evening Sessions, remlarks concorning,
Baltimore City Courts, Vol. II, 460, 544,                                  Vol. I, 78
546, 559, 584, 594, 595, 627, 629,      Executive Report, remarks on the,
630, 646, 653, 658, 659, 660, 661,                                    Vol. I, 480
698, 699, 700, 734, 747, 752, 753,      Amendment thereto,            Vol. I, 480
754, 790   Legislative Report, remarks on the,
Causes, prqsecution or defence ofVol. II,                                 Vol. I, 388
558, 7.49, 751, 861  Order for adjournment of the ConvenChancellors' Courts,  Vol II 544, 547, 593     tion in honor of Washington's birthClerks and Registers, Vol. II, 544, 545,        day,                      Vol. I, 325
546, 547, 550,93, 615, 618, 619,        Remarks thereon,              Vol. I, 325
620, 622, 700, 727, 728, 729, 730,      Petition presented by,         Vol II, 19
731, 733, 747, 801, 802, 803, 816, 849  RepresentationQuestion,remarks on the,
Contested Elections,          Vol. II, 878        Vol. I, 107, 429, Vol. II, 18, 100, 108
Court of Appeals, Vol. II, 460, 486, 487,   Rights, Bill of, amendment to the, Vol. I, 187
492, 537, 544, 545, 552, 559, 616,    KING, GEORGE S., Committee Clerk,
618, 619, 620                            Vol. II, 865, 866
County Courts, Vol.II, 460, 544, 546,     KNOWLEDGE, &c., propositions con549, 559, 572, 579, 589, 592, 593, 604      cerning the diffusion of, Vol. I, 219,
Court of Chancery, Vol.,II, 547, 549,                                   221, 222, 225
592, 631, 632, 633, 634, 635, 636,
637, 744, 745, 746, 747
Insolvent Laws,               Vol. II, 544
Judges of Elections,          Vol. II, 741 LAMBDEN, SAMUEL J., Door-keeper
Judicial Districts, Vol. II, 460, 486, 503,    to the Convention, Vol.I, 235,
to the Convention, Vol. JI, 235,
504, 505, 513, 514, 537, 54  549,88
559, 572, 578, 579, 582, 591, 660LAND  OFFICE, Commissioner of the,
Justices of the Peace and Constables,ol II 839
&c., Vol. II, 460, 734, 735, 736, 737   Examiner General of the,     Vol. II, 839
738, 740, 742, 743, 747  Register of the,            Vol. I, 839
Orphans' C urts, Vol. 11 544, 547  59,
Orphans' Courts, 5Vol. II1 54, 54, 54,    LAWS, Provisions concerning the digest573, 589, 592, 593, 594, 595, 596,          ingand arranging (or codifying) of
602, 603, 604, 608, 610, 611, 614, 622'the, Vol. I, 138,319, 320, 326, 327,
Salaries of Judges, Vol. II, 460, 486,          38,39,31,332. [SeeLegislptive
487, 54, 54, 4   549 52, 554, 557,          DeIartent.     
558, 559, 560, 572, 579, 582, 593,
558, 559, 56  572, 579, 582, 2593,    LAWS, revision, amendment, enactment,
S r 594, 596, 611, 612, 627, 734  or repeal of. [See Legislative De,
Superior Courts, Vol. II,            582        prreelt.]
iTerm of office, mode of election, eli-  LEATHER, Petition from dealers in, Vol. I, 88
bility, &c; of Judges, Vol. II, 460,
486, 487, 492, 497, 501, 503, 505,    LEE, JOHN, of Kent county,     Vol. I,
511, 512, 513, 521, 537, 544,.5:.          130, 217, 449, 492, 493,Vol. II, 347,
549, 552, 559, 560, 570, 572, 579,                               700, 728, 758, 783
580, 581, 582, 583, 585, 594, 595,      Chaplains to the Convention, Order con611, 616, 627, 659, 660, 669, 734     cerning compensation to the, Vol. II, 783
JURY TRIALS,           Vol. II, 766, 767, 768V
JURIY TRIALS,          Vol.II, 766, 767, 768  Judiciary Report, amendments to the,
JUSTICES OF THE PEACE. [See Judi.                                      Vol. II, 700, 728
JSciaCEySi O T PA.S     Jdi          Legislative Report, amendments to the,
Vol.I, 449, Vol. II, 347, 758
IK                       Rights, Bill of, amendment to the, Vol. I, 217
LEGISLATION, local, [i. e., Levy Courts
KENNEDY, J. C. G., Superintendent of              or County Commissioners. See Legthe State census, communications           islative Department.]
from,              Vol. I, 78, 176, 207 LEGISLATIVE   DEPARTMENT, ReKENT, JAMES, of Anne Arundel county,,             port by Mr. Johnson from the ComVol. I, 428       mittee on the,   Vol. I, 123, 243, 244




22
Debate on the Report, Vol. I, 245, 260,    Impeachments, Vol. I, 336, Vol. II, 330,
269, 288, 293, 300, 308, 319, 326,                                     331, 332
332, 339, 356, 375, 385, 386, 396,     Interest, rate of,           Vol. II, 769
400, 410, 411, 419.430, 442, Vol. II,  Jury trials,        Vol. II, 766, 767, 768
254, 260, 269, 330, 347, 355, 484,     Laws, codification of, Vol. I, 319. 320,
621, 662, 758, 850                 326, 327, 328, 329, 331, 332
Amendments to the Report, Vol. 1, 245,     Laws, enactment, revision, amendment,
246, 251, 260, 263, 264,'266, 267,        or repeal of, Vol.I. 306, 308, 309,
268, 269, 280, 281, 282, 283, 288,         310, 311, 312, 313, 314, 318 319,
290, 293, 294, 296, 297, 300, 301,                 i30, 320, 329, 331, 332, 334, 335
302, 303, 304, 305, 306, 308, 309,     Legislation, local, (i. e., Levy Courts,
310, 311, 312, 313, 314,'318, 319,        or County Commissioners,) Vol. I,
320, 326, 327, 328, 329, 331, 332,                         395, 396, 39, 398, 399
334, 335, 336, 337, 338, 339, 340,     Lotteries,                   Vol. I, 399
346, 355, 356, 357, 369, 375, 378,     Married women, provisions concerning
379,'380, 381, 383, 384, 385, 386,        the property of,           Vol. I, 399
387, 389, 394, 395, 396, 397, 398,     Oath (or affirmation) of Members of the
399, 400, 401, 402, 403, 405, 406,         Legislature,              Vol. I, 304
407, 408, 409, 410, 411, 414, 416,     Office, appointment of Members of the
419, 420, 422, 423, 424, 430, 435,         Legislature to, Vol. I, 338, Vol. II,
436, 437, 442, 443, 444, 445, 446,                                     257, 258
447, 448, 449, 450, Vol. II, 254; 256,  Per diem and mileage of Members of the
257, 258, 259, 260, 270, 282, 290,         Legislature,      Vol. I, 386, 387, 389
291, 330, 331, 332,.333, 334, 337,    Revenue Bills,                Vol. I, 309
338, 339, 340, 341, 342, 344, 347,     Rules and practice, forms and pleadings,
355, 356, 359, 457, 484, 621, 758,         &c., of Courts, simplifications of the,
761, 762, 764. 765, 766, 767, 768,              Vol. I, 320, 326, 327, 329. 331, 332
769, 784, 850, 851, 852, 853  Senators, United States, time of holding
Banks, charters of,  Vol. II, 761, 764, 766    election of, Vol. II, 258, 270, 282
Banks, individual liability of Directors                                   290, 291
and Stockholders of, Vol. II, 761,     Senatorial (United States) Districts,
762, 765, 870          Vol. II, 259, 260, 270, 282, 290, 291
Banks, officers of, prohibitions concern-  Senatorial (State) term, Vol. I, 246,
ing accomodations to,  Vol. II, 761, 766           301, Vol. II, 254, 851, 852, 854
Clerks and Registers, fees of, Vol. I, 448,  Sessions of the Legislature Vol. I, 246,
Vol. II, 355, 356, 359    251, 260, 263, 264, 266, 267, 268,
Contingent Fund,      Vol. I, 336, 337, 338    269, 280, 281,. 282, 283, 288, 290,
294, 296, 297,.300, 301, 302, 303,
Corporations, prohibitions of renewal, or                           Vol. 11, 2254, 256
special grants of charters to,, 
~-  I      Vol II 764, 766   Time of electing Delegates to the LegisCounties, establishment of new, Vol. II,      lature, Vol. I, 293, 294, 296, Vol. II,
332, 333, 334, 337, 338, 339 
Credit of the State, Vol. I, 338, 339, 340,  Time of electing (State) Senators,
355, 356, 357, 369, 375, 378, 379,           Vol. I, 293, 294, 96, Vol. II, 254, 256
395, 411, 414, 416, 419, 420, 422,     Transportation Companies, uniform rate
423, 424, 430, 435, 436, 437, 442,         of toll of,              Vol. II, 851
443, 444, 445, 446, 448, 449, Vol.   LEGISLATURE.      [See Legislative DeII, 339, 340, 341, 342, 344, 347  partment.]
Debt, imprisonment for,   Vol. I, 447. 448 LEGISLATURE, power of the, respectDivorces,                Vol. I. 338, 339      ing future amendments to the ConDuelling,                     Vol. I, 399      stitution, Vol. II, 223.245,359,360,
Education, appropriation to purposes of,       365, 366, 367, 372, 375. 376, 377,
Vol. I, 444, 445, 446, 448. 449, Vol.              378, 379, 380 381, 384, 388, 389
II, 339, 340, 341, 342, 344, 347, 621 LEVY COURTS, account of J. T. Wooters, Clerk of the Levy Court of
Eligibility of Members of the Legisla-         e   Ce    o te    e     ourt o
ture,                Vol. 1, 303, 304     Queen Anne's county,       Vol. I, 88
ture,                 Vol. I, 303, 304 C
Eligibility of clergymen, civil fficers,   Communication from the Cler of the
&c., to seats in the Letslature           Levy Court of Kent county, relating
Vol. I, 304, 389, 394, Vl. Ito the fees of the Attorney. General
Exclusion from voting or holding office,       and his Deputie,          Vo. I, 3
Vo. I, 31 33 3, 36  Provisions concerning, Vol. I, 395, 396,
Vol. I, 381, 383, 384, 386                397, 39  399 Vol. 1, 840
Execution,, exemption of property from,    3RRIAN     3t3te             Vol. II, 839
Vol. I, 336, 400, 401, 402, 403, 405, LIBRARIAN, State,             Vol., 839
406, 407, 408, 409, 410, 411, 449,   LICENSE SYSTEM, Committee (select)
Vol. II 758, 761     upon the,             Vol. I, 385, 396
Forms of conveyancing, simplification      Petitions concerning the, Vol. I, 308,
of,                       Vol. I, 328      356, 385, 396, 419, 428, 441, 457,




23
467, 479, 496, 516, Vol. II, 19, 54,    Revisory Committee, Reports from the,
64, 78, 131, 176, 219,220, 347, 446,                             Vol. II, 869, 872
570, 605, 641, 727, 741,788 MAP OF THE STATE, Vol. I, 25, 82,
Report of Mr. Jenifer, from Committee                        Vol. II, 180, 596, 597, 841
No. 14, concerning the,   Vol. I, 460 MARRIED WOMEN, provisionsconcernReport (verbal) by Mr. Donaldson, from                                    Vo     399
the select Committee on thy, Vol. II, 856   ite     operty of,        V. I, 
Report (minority) by Mr. Weber, Vol. II, 857 MARRIETT, JAMES C., (Committee
LIQUORS, intoxicating. [See License               Clerk,)                    Vol. I, 2
System.]                              MARYLAND, State of, communication
LOANS, provisions concerning, Vol. I,             from Mr. Kennedy concerning state338, t339, 340, 346, 355, 356, 357,         ment of population of,     Vol. I, 78
369, 375, 378, 379, 395, 411, 414,    MASTER AND SLAVE, Order of Mr.
416, 419, 420, 422, 423, 424, 435,          Presstman forbidding the Legislature
436, 437, 442, 443, 444, 445, 446,          to abolish the relation.of. Vol. 1, 113
448. [See aloo, tile' Legislttire De-   Report, by Mr. Jenifer, from Committee'pclnnnent, item Credit of the State.]      No. 14, on the relation of, Vol. I,
LOTTERIES, petition of citizens of the                                 125, 138, 149, 150
State of New York, praying the pro-     Report, by Mr. Presstman, from  the
hibition of,:             Vol. I, 307       Committee on the Legislative DeDiscussion thereon,           Vol. I, 307       partment, on the same subject,
Provisions respecting, Vol. I, 399, Vol.                                  Vol. I, 138
II, 836, 838  Substitute of Mr. Bowie,       Vol. I, 139
LOUISIANA, State of, commmunication         McCUBBIN, JOHN M. S., of Prince
from the Governor of, relating to its       George county,       Vol. I, 606, 872
system of education,        Vol. I, 33  Order for extra compensation to certain
LOWE, E. LOUIS, Governor of the State             officers of the Convention,  Vol. II, 872
of Maryland. [See Governor.]
McCULLOUGH,'WILLIAMI, of Cecil
LLOYD, EDWARD, of Talbot county,            McCULLOUGH, WILLIAM          of Cecil
Vol. I, 113, 428, 429, Vol. II, 242      county, Vol. I, 235, 541, Vol II, 269
Representation Question, Report on the,     Attorney General and is Deputes, rer" r Vol. i, 286  marks on the Report on the office
Remarks thereon,          Vol. I, 428, 429      of the,                   Vol.DV  I, 541
LUMBER, inspection of,       ol. II 741, 816  Statement of the President of the Convention concerning the absence of,
Vol. II, 269
McHENRY, R., of Harford county.
MAGRAW, SAMUEL M., of Harford                  ol 1.
MAGRAW, SAMUEL M., of Harford       29, 30, 36, 83, 85, 97, 98, 99, 112,. count.114, 115, 149, 156, 215, 225, 238,
Vol. 1.
46, 75, 103, 149, 169, 187, 192, 227,       266, 268, 301, 303, 304, 336, 331,
4b,7.lU,149,l340, 355, 375, 384, 394, 397, 419,
243, 296, 372, 478, 479, 486, 507, 522        55   5 
~~~~~~~~Vol. 2.  ~420, 421, 423, 434, 436, 442, 445,
449, 485, 490, 4912 496~ 520, 521
243, 244, 245, 257, 260, 367, 381,                  449 485 490 491 496 520 521
396, 601, 605, 606, 712, 753, 781,     5.150, 170, 180, 240, 242, 243, 331,
803, 837, 869, 872      337, 338, 347, 348, 385, 386, 445,
Absentees, amendment to the Order concAbsentee, amendmenttthe Ordercon-          583, 700, 701, 717, 724, 766, 789,
cerning,                    Vol. I, 46,    8805, 812, 813, 822,'837~ 840, 842,
Debates of the Convention, remarks on05, 812, 813, 822,37, 84, 842,
843, 851, 864
the Report'of.the Committee on
printing concerning the Reports of      Attorney General and his Deputies, reprinting concerning the Reports of            a     o th  R       o  t
the,             Vol. 11, 243 244, 245      mars on the Report on te offce
Legislative Report, amendment to the,           of e,                     Vol. I, 521
Vol. II, 257  Amendments thereto,       Vol. I, 520, 521
Order concerning the better arra -  Order to close debate thereon,  Vol. II, 5
Order concerning the better arrangement of seat, in the Hall,              Civil Officers, Report from the CommitVol. I, 148, 149     tee appointed to consider and report
Order concerning the Journal of the             concerning the appointment and tenProceedings of the Convention to be         ure of office of certain, Vol. II, 717, 789
kept as a record, &c.,    Vol. II 605   Amendments to the Report of Mr. Tuck
Remarks thereon,         Vol. II, 605, 606      concerning certain,  Vol. II, 840, 842
Report from the select Committee ap-        Remarks thereon,     Vol. II, 840, 842, 843
pointed under the said Order, Vol. II, 837  Constitution, remarks on the Report
Petitions presented by, Vol. I, 479, Vol.       concerning future changes of the,
II, 381                                Vol. II, 386
Representation Question, remarks on         Convention, Order respecting mileage to
the,                      Vol. I, 372       the Officers of the,      Vol. II, 864




24
Education, additional article to the Con-   Public Works, remarks on the Order of
stitution relative to,    Vol. II, 812      Mr. Merrick concerning a Board of,
Remarks thereon,              Vol. II, 813                                Vol. I, 114
Elective Franchise Report, remarks on      Representation Question, remarks on
the,              Vol. I, 29, 30, 36, 99   the,              Vol. I, 127, 128, 129
Amendments to the,          Vol. I, 30, 36  Rights, Bill of, remarks on the, Vol. I,'Order to close debate on the,  Vol. I, 83              169, 177, 178, 179,97,198, 211
Executive Report, remarks on the,           Amendment thereto,            Vol. I, 184
Vol. II, 348  Treasury Department, Report on the,
Amendments to the, Vol. I, 491, Vol.II,                                   Vol. I, 166
243, 348, 355  Remarks on the Report on the, Vol. 1I,
Judiciary Report, remarks on the,                                        15, 29, 835
Vol. II, 700, 701 McMASTER, S. S., of Worcester county,
Amendments to the,       Vol. II, 700, 701      Vol. 1, 84, 88, 149, 167, 169, 197,
Legislative Report, remarksonthe,
Legislative iReport, remarks on tphe,          201, 204, 211, 235, 267, 397, 398,
Vol I, 268,~ 2302, 304, 236, 337, 355,     o400, 401, 403, 522, Vol. II, 53, 100,
384, 394, 397, 420, 421,:423, 434,         145, 185, 239, 253, 332, 334, 347,
436, 449, Vol. II, 331, 338   348, 570, 580, 581, 583, 620, 636,
Amendments to the, Vol. I, 268, 303,                                         713, 824
336, 355, 398, 419, 420, 436, 442,      Allegany County, remarks on the Report
445, Vol. II, 331, 337, 766'concerning a division of,  Vol. II, 253
Public Works, amendment tolthe Report
Public Works, amendment to the Report      Attorney General and his Deputies, recreating a Board of,     Vol. I, 44   *    marks on the Report on the office of
Representation Question, remarks on
the,                       Vol. I, 522.the,            Vol.!I, 150, 724, 822
e i. YQ.,^   T50, h    Compensation (extra) to Mr. Lambden,
Rights, Bill of, remarks on the, Vol. I,   Cmpensation (extra) toMr. Lambden,
amendment to Mr. Bowie's order
McLANE, LOUIS, of Cecil county.                  concerning,               Vol. II, 868
Vol. 1.                                     Constitution, amendment to the article as'29, 30, 35, 43, 44, 46, 61, 98, 114,       to the operation of the new and old,
127, 128, 129, 131, 132, 138, 166,                                    Vol. II, 834
167, 169, 177, 178, 179, 184, 197,      Howard County, remarks concerning,
198, 207, 210, 211, 293, 343, 372,                                    Vol. II, 347
373, 401, 412, 415, 417, 418, 419,      Judiciary Report, remarks on the,
422, 423, 424, 503, 504, 505, 507,                           Vol. II, 581, 583, 620
510, 513, 514, 519, 520, 524, 534, 548 Amendment thereto,         Vol. II. 580
Vol. 2.                                     Legislative Report, remarks on the,Vol. II, 332
6, 21, 588, 636, 657, 815, 828, 829,    Amendments thereto, Vol. I, 397, 400,
835, 857, 859, 870, 885                      401, 403, Vol. 1I, 332
Absence, letter asking leave of, Vol. l, 219  Rights, Bill of, remarks on the, Vol. I,
Absentees, remarks on the Order relat-                                   197, 201, 211
ing to, and amendment thereto,        MEETING     OF THE    CONVENTION,
Vol. 1, 43, 44      hour of, Vol. I, 65, 149, 158, 176,
Attorney General and his Deputies, re-                           300, Vol. II, 396, 837
marks on the Report on the office of  MEMBERS OF THE        CONVENTION,
the,    Vol. I, 520, 524, 534, Vol. II, 6   attendance of,              Vol. I, 43
Amendment thereto,            Vol. I, 548 MERRICK, WILLIAM       D., of Charles
Claims, remarks on the motion to take           county.
up the Report from Committee No.        Vol. 1.
14, respecting the advocacy of,             37, 41, 49, 51, 53, 67, 78, 80, 87,
Vol. II, 870      88, 89, 105, 106, 107, 109, 111,
Constitution, remarks on th'e Order con-.112, 114, 115, 116, 122, 190, 194,
cerning the engrossed copy of the           197, 199, 200, 204, 211, 213, 226,
amended,                  Vol. II, 885      234, 235, 238, 244, 245, 246, 255,
Elective Franchise Report, remarks on           259, 264, 266, 268, 284, 286, 302,
(and amendment to) the, Vol. I, 29,         304, 308, 310, 311, 314; 317, 318,
30, 46, 61, Vol. II, 857, 859   319, 321, 342, 344, 345, 347, 249,
Executive Report, remarks on the,               366, 369, 373, 374, 394, 395, 397,
Vol. I, 503, 504, 505     409, 411, 412, 414, 415, 416, 422,
Judiciary Report, remarks on the,                              427, 428, 429, 430, 436
Vol. II', 588, 636, 657  Vol. 2.
Legislative Report, remarks on the,             7, 8, 15, 16, 17, 18, 19, 20, 21, 22,
Vol. I, 343, 401,  4125, 417,418,          23, 24, 25, 36, 52, 53, 76, 78, 80,
419, 422, 423, 424     131, 148, 163, 166, 167, 189, 372,
Amendment to the,             Vol. I, 419       375, 384, 392, 393, 501, 514, 533,
Motions to re-consider, remarks on the          538, 562, 563, 578, 659, 704, 706,
motion of Mr. Chambers, of Kent,            707, 712, 713, 719, 727, 729,.730,
concerning,   Vol. I, 507, 510, 513, 514                            731, 732, 821




25
Attorney General and his Deputies, re-      Committee of Seven appointed,  Vol. II, 242
marks on the Report on the office of    Report of Mr. Sollers,       Vol. II, 521
the,                      Vol. II, 7, 8  Debate theron,          Vol. II, 550, 552
Constitution. remarks on the Report con-    Amendment to the Report,      Vol. II, 551
cerning future changes of the,          Communication from the Governor covVol. II, 372, 375, 384, 514, 713  ering a letter from  H. Hubbell
Esq.                      Vol. II, 614
Dinner, solemn remarks on the import-     MITCE        JSEPH T, o     ent:MITCHELL, JOSEPH T., of:Kent counance of,                  ~Vol. I, 409     ty, Vol. I, 41, 67, 93, 102, 169, 174,
Elective Franchise Report, remarks on190, 220, 226, 282, 296, 300, 340
the, Vol. I, 37, 41, 49,.51, 53, 80,        386, 399, 400, 401, 403, 409, 410,
87, 88, 89      411, 455, 487, 494, Vol. II, 19, 78,
Amendments thereto,          Vol. I, 87, 88     80, 144, 145, 148, 168, 170, 183,
Judiciary Report, remarks onthe,Vol. II,185 188, 212, 380 569, 579, 716,
501, 533, 538, 563, 578, 659, 729,                             741,842, 862, 875
730, 732   Civil Officers, remarks on the Report
Amendments thereto,       Vol. II, 659, 731    concerning the appointment and tenLegislative Report, remarks on the,            ure of office of certain,  Vol. II, 842
Vol. I, 244, 245, 246, 255, 259, 264,   Elective Franchise Report, remarks on
302, 310, 311, 314, 317, 318, 319,          the,           Vol.:I, 93, Vol. II. 862
321, 342, 344, 345, 347, 349, 366,      Amendment thereto,             Vol. I, 102
369, 394, 397, 411, 412, 414, 415,      Executive Report, remarks on the,
416, 422, 427, 436            Vol. I, 455, 487, 494, Vol. II, 212
Amendments thereto, Vol. I, 246, 304,       Judiciary Report, remarks on the,
369, 395, 397, 409, 411, 414, 416                               Vol. II, 579
Public Works, remarks on theReport         Legislative Report, remarks on the,
creating a Board of,  Vol. II, 392, 393              Vol. I, 400, 401, 403, 409, 410
Order concerning desks,,     Vol I, 169
Public Works, order to provide for the      Or     concen. 
creation of a Board of,  Vol.1,114  Order concerning his absence,  Vol. 11, 19
rrder in favor of James Bransell, Vol. II, 716
RepresentationQuestion,remarks on the,      Representation Question, remarks on
Vol. I, 106, 107, 109, 111, 116, 122,            the, Vol. II. 78, 144, 168, 170,-188
284, 286, 373, 374, 428, 429, 430,      Amendments to the Report on the,
Vol. II, 15, 16, 17, 18, 19, 20, 21,                         Vol. II, 168, 170, 185
2, 23, 24 25, 36, 52, 76, 78, 80,       Rights, Bill of, remarks on the, Vol. I,
163, 167, 189, 704, 706, 707, 719,                                       174, 190
721, 821   Amendment to the,              Vol. I, 190
Amendments to the Report on the,          MORGAN, GEORGE C., of St. Mary's
Vol. II, 21, 23, 24, 167     county.
Rights, Bill of, remarks on the, Vol. I,    Vol. 1.
194, 197, 199, 200, 204, 211, 213,          25, 84, 85, 86, 87,100, 104, 127, 149,
226, 234, 238, 268      158, 214, 235, 243, 253, 292, 325,
Amendments thereto,       Vol. I, 190, 197                 335, 336, 374, 375, 386, 540
MILEAGE     OF MEMBERS OF THE                Vol. 2.
LEGISLATURE. [See Legislative               5, 18, 54, 78, 100, 163,184, 195, 241,
Departmenit.]                               357, 407, 606, 627, 628, 629, 631,
Of the Officers of the Convention,             632, 637, 639, 641, 643, 644, 645,
Vol. II, 864, 875     649, 652, 654, 655, 658, 659, -661,
MILITIA, Order of Mr. Welsh: with in-             662, 698, 700, 701, 722, 741, 757,
structions to the committee on the,             791, 797, 836, 855, 865, 866, 872, 874
relative to persons refusing to do      Attorney General and his Deputies, remilitary duty,            Vol. II, 504      marks on the Report on the office of
Reportby Mr. Howard from the com-              t,                         Vol. I, 540
mittee on the,            Vol. II, 597  Remarks on closing debate thereon, Vol. 11, 5
Debate thereon,              Vol. II814    Civil Officers, remarks on the Report
Debatethereon,               Vol. II, 814
DAmendment thereto           Vol. II, 814      concerning the appointment and ten-'Amendmentthereto,       Vol. I  814 r*ure of office of certain,    Vol. II, 836
MILLER, JOHN     M., of Cecil county,        Amendmentthereto,             Vol.II, 836
Vol. I, 235, Vol. 1, 581, 766  Elective Franchise Report, remarks on
Judiciary Report, amendment to the,the,                          Vol. I, 84 85, 86, 87
Vol. II, 581  Amendments thereto,         Vol. I, 84, 87
Legislative Report, amendment to the,      Judiciary Report, remarks on the,
VVol., 766. II, 627,628, 629, 631, 632, 639,
MITCHELL, JAMES S., Order concern-               644, 645, 649, 652, 654, 655, 698,
ing the case of,          Vol. II, 201                              757, 791, 797
Communication from  Governor Lowe          Amendments thereto, Vol. II, 627, 629,
transmiting papers in the case of,          637, 643, 646, 658, 659, 661, 662,
Vol. II, 240, 241                              698, 700, 701




26
Legislative Report, remarks on the         Civil Officers, remarks on the Report
Vol. I, 253, 335, Vol. II, 357  concerning the appointment and
Mitchell, James S., remarks concerning        tenure of office of certain, Vol. II,
the case of,             Vol. II, 241                                  840, 842
Order for compensation to George S.        Amendment thereto,           Vol. II, 844
King, for extra services,  Vol. II, 866  Constitution, remarks on motion to rePresident of the Convention, per diem of      consider the vote on the Article prethe, remarks on the Order concern-         scribing the mode of altering the,
ing the,                 Vol. II, 874                               Vol. II, 850
Register of Debates, remarks on the        Convention, amendment to the Order of
Order concerning bound copies of           Mr. Bowie, respecting extra comthe,                     Vol. II, 741      pensation to certain officers of the,
Representation Question, remarks on                                     Vol. II, 868
the, Vol. I, 374, Vol. II, 18, 78,     Executive Report, amendment to the,
163, 195                                Vol. I, 493
Rights, Bill of, remarks on the,  Vol. I, 214  Judiciary Report, remarks on the,
Rule, motions to amend the 22d, Vol. I,                                 Vol. I1, 632'375, 386  Amendments thereto, Vol. II, 608, 632,
MORRETZ, JOSEPH, [acting Assistant                           634,637, 728, 737, 744, 745
Secretary to the Convention,] Vol. II, 457  Legislative Report, amendments to the,
Vol. I, 282, 381, 386, 387, 395, 402,
N                                             410, Vol. II, 332, 333
Remarks on the, Vol. I, 381, 386, 387,
NELSON, JAMES, of Harford county,                                 397, Vol. II, 332, 333
Vol. I1, 25  Meeting of the Convention, Order as to
NEILL, ALEXANDER, Jr., of Washing.               the hour of,             Vol, II, 837
ton county, Vol. I, 25, 96, 113, 135,  Petitions presented by,   Vol. I, 441, 496
136, 336, 371, 430, Vol. 1, 4, 17,     Representation Question,remarks on the,
521,614, 620, 625, 717, 784, 838, 841                           Vol. II, 153
Elective Franchise Report, remarks on      Amendment to the Report on the,
the,                       Vol. I, 96                               Vol. II, 146
Judiciary Report, remarks on the,          Resolution of thanks to Mr. Buchanan,
Vol. II, 625      President pro tern.,     Vol. II, 871
Legislative Report, remarks on the,        Rights, Bill of, remarks on the, Vol. I,
Vol. I, 336, Vol. II, 784                                216, 233
Amendment thereto,           Vol. 11, 784  Amendments to the, Vol. I, 216, 217,
Order instructing the Committee on Rep-                                236, 238, 239
resentation to report certain Arti-    Treasury Department, amendment to the
cles,                     Vol. I, 371      Report on the,           Vol. II, 833
Petition presented by,         Vol. I, 25 NEWCOMER, MICHAEL, of Washington
Representation Question, remarks on            county.
the,                  Vol. I, 136, 371  Vol. 1.
Rider, John W., Report and Resolution              25, 158, 166, 216, 234, 371, 409,'410
from the Committee on accounts in      Vol. 2.
favor of,                Vol. II, 841      176, 177, 367, 593, 594, 596, 602,
Rule, remarks concerning the 17th,                 618, 641, 740, 745, 762, 812, 838, 854
Vol. II, 4  Absence of, Order relating to the, Vol. I, 25
NEWCOMER, JOHN, of Washington                Evening Sessions, Order for,  Vol. I, 176
county.                                Judiciary Report, amendments to the,
Vol. 1.                                                     Vol. II, 593, 594, 596, 733
34, 67, 77, 109, 149, 158, 216, 217,   Remarks on the,              Vol. II, 733
219, 233, 236, 238, 239, 269, 282,     Legislative Report, remarks on the,
289, 381, 386, 387, 395, 397, 402,                                  Vol. II, 854
410, 411, 441; 449, 493, 496  Petition presented by,     Vol. I, 158
Vol. 2.                                    Recess of the Convention, Order for
9,11, 15, 21,146,147, 148, 153, 330,       daily,                   Vol. II, 641
332, 333, 334, 355, 366, 416, 445,     Rights, Bill of, remarks on the,  Vol. I, 216
586, 602, 608, 617, 618, 625, 632,   NOLLE PROSEQUI, provisions concern634, 637, 642, 662, 727, 728, 731,        ing the entry of,       Vol. I, 25, 480
733, 7.37, 744, 745, 746, 801, 833,
837, 838, 840, 842, 843, 844, 850,                       0
867, 868, 869, 871, 872, 874, 875
Attorney General and his Deputies, re-   OATHS, (or affirmations,) manner of admarks on the Report on the office of       ministering,             Vol. I, 218
the,                       Vol. II, 9  Of office,     Vol. I, 51, 91, 218, 304, 467
Amendments thereto,         Vol. II, 9, 11  Of the Governor. [See Executive DeDebates of the Convention, remarks con-       partment ]
cerning the Reports of the, Vol. II, 872  Of State Officers. [See Franchise.]




27
Of Members of the Legislature. [See              By Mr. Brent of Baltimore city,
Legislative Department.]                      concerning the purification of the
OFFICE, disqualifications for, under the             Hall,                          139
new Constitution, propositions re-By Mr. Magraw as to the arrangelating to, V6l. I, 201, 205, 206, 338,         ment of seats in the Hall,     149
381, Vol. II, 257, 258, 381, 384    By Mr. Stephenson concerning the
OFFICERS, civil. ISee Civil Officers.],              hour of meeting,               149
By Mr. Presstman as to rights and
OFFICERS, State, proposition of Mr.                By Mr. Presstman as to rights and
Dorsey, requiring, thosoe whose an-            interests of parties pending suit,  158
Dorsey, requiring those whose annual compensation exceeds 43,000,            By Mr. Mitchell concerning desks,  169
to refund the excess,     Vol. II, 814       By Mr. Weems as to hour of meetORDER, questions of, Vol. I, 260, 288,              ing,                            176
30, 3190, 319, 374,402, 431, 3437,        By.Mr Biseras toseats,            207
441, 460, 490, 515, 522, Vol. II, 36,       By Mr. Cockey concerning Mr.
53,145, 146, 149, 153, 170, 379, 384,         Brown's absence,                207
403, 408, 449, 501, 512, 587, 588,          By Mr. Randall concerning synopsis
591, 595, 601, 623, 625, 634, 705,            of the relative  crease or dimi712, 720, 722, 725, 809, 856, 870, 882    nution of the slaves and free colORDERS. [See also, Reslutions.]                      ored population of Maryland,   207
Vol. 1.                                         By Mr. Phelps concerning Basis of
By Mr. Brown as to census returns,  25         Representation,                235
By Mr. Harbine as to absence of             By Mr. Smith concerning the apMr. Michael Newcomer,25                     pointment of committee on New
By Mr. Hearn as to absence of Mr.              Counties,                      243
Jacobs,                          25        By Mr. John Dennis concerning the
By Mr. Hicks relating to night ses-            absence of Mr. J. U. Dennis,   260
sions,                           35        By Mr. Stephenson concerning the
By Mr. Jenifer limiting time of               absence of Mr. Sappington,      319
speaking,                        35        By Mr. Morgan concerning the abBy Mr. Dorsey relating to causes              sence of Mr. Hopewell,          325
of absence,                     35        By Mr. Kilgour for adjournment in
By Mr. Ridgely as to hour of meet-             honor of Washington's birth-day, 325
ing,                            65        By Mr. Sellman concerning the exBy   Mr. Stephenson   concerning              penses of Tobacco inspection,   326
Charters of Corporations,       82        By Mr. Neill with certain instrucBy Mr. McHenry to close debate on             tions to the committee on Reprethe pending Article of Elective             sentation,                      371
Franchise Report,               83        By Mr. Sappington in relation to the
By Mr. Gwinn to close debate on               discharge of the Door-keepers,  478
the Elective Franchise Report,  97        By Mr. Brent, of Baltimore city,
Several amendments thereto,        99          concerning Clerks and Door-keepBy Mr. Brent, of Baltimore city,              ers                             495
amendatory of the 17th Rule,    99        By Mr. Hicks concerning Clerks
By Mr. Brent concerning the pre-              and Door-keepers,               495
-vious question, and prohibiting           By Mr. Smith for the printing of the
the Convention resolving itself              various plans relating to the Reinto Committee,                 104         presentation Question,          496
His substitute therefor,          104    Vol. 2.
By Mr. Blakistone to print the
Rules as amended,               106        By Mr. McHenry to close debate on
By Mr. Presstman concerning the]              the Report concerning the Attorrelation of Master and Slave,   113         ney General and his Deputies,     5
By Mr. Merrick for the constitu-             By Mr. Crisfield concerning the abtion of a Board of Public Works, 114        sence of Mr. Dashiell,           19
By Mr. Michell           1         9ncernin-his abBy Mr. Thawley concerning extraB                Mr. Mitchell concerning his abcopies of the Journal,          126         sence,                           19
By Mr. Dirickson concerning the              By Mr. Jenifer concernig the ababsence of himself and Mr. Lee,  130        sence of the President of the ConBy Mr. Parke concerning certain               vention,                         19
proposed amendments to the Bill           By Mr. Brown concerning his abof Rights,                      130          sence,                          19
By Mr. Weber, directing articles             By Mr. Howard to close debate on
and amendments to be entered on             the Representation Question,     78
the Journal,                    130        By Mr. J. U. Dennis limiting debate
By Mr. Blakistone concerning cop-              on the Representation Question, 80, 131
ies of the Journal to newspaper            By Mr. Dorsey concerning the abEditors,                        131         sence of Mr. Davis,              131




28
By Mr. Weber concerning the ab-             By Mr. Ricaud concerning the
sence of Mr. Sherwood, of Tal-              bound copies of the Register of
hot,                           131          Debates of 4he Convention,     741
By Mr. Michl Newcomer for Even-            By Mr. Howard concerning the final
ing Sessions,                  176disposition of the business of the
By Mr. Thomas directinglithograph-            Convention,                780, 781
ing of State Map,              180        By Mr. Dashiell concerning the abBy Mr. Blakistone concerning the             sence of Mr. J. U. Dennis,      781
absence of Mr. Dent,           201        By Mr. Da.vis concerning a recess,  783
By Mr. Sollers relating to the case         Substitute of Mr. Tuck for said orof James S.Mitchell,           201          der,                           783
By Mr. R. J. Brent relative to uni-         By Mr. Lee concerning compensaform rates of toll,            201          tion to the Chaplains of the ConBy Mr. Tuck relative to a commit-             vention,                       783
tee on Revision,               245        By Mr. Tuck to close the Journal of
By Mr. Dirickson concerning the ab-Accounts,                                 784
sence of Mr. Jacobs,           269        By Mr. Jacobs to consider the ReBy Mr. Gwinn concerning the ab-               port on Free Colored Population, 784
\ sence of Mr. Presstman,        269       By Mr. Randall cncerning the
By Mr. Stephenson concerning Even-            printing and circulation of copies
ing Sessions,                  329          of the new Constitution,       803
By MIr. Chambers, of Kent, con-             Mr. Howard's substitute for the said
cerning hour of meeting on Mon-             Order,                         804
days,                          396        Mr. Gwinn's substitute for the said
By Mr. Stewart, of Caroline, con-             Order,                         805
cerning the absence of Mr. Car-           Mr. Stewart's, of Caroline, substiter,                           484          tutefor the said Order,        805
By Mr. Annan to close general de-Mrollers'                       for the said
bate on the Judiciary Report,  484            rder,                        805
By Mr. R. J. Brent as a substitute          By John Newcomer as to hour of
for Mr. Annan's order,         486          meeting,                       837
By Mr. Welsh relative to persons            ByMr. Grason concerning the per
refusing to do military duty,  504          diem of the President of the ConBy Mr. Stewart, of Baltimore city,            vention,                   838, 874
from the committee on Printing,           By Mr. Dent concerning expenses
concerning additional sums.to the           of State Map,                  841
Printer,                       550        By Mr. Thomas respecting the ap-By Mr. Chambers, of Kent, concern-           plication to the Elective Franing the State Map,         596, 597         chise Report of the general Order
By Mr. Magraw     concerning the              limiting debate,           855, 856.Journal of the Convention to be          By Mr. Johnson concerning the sigkept as a record,              605          nature and publication of the
By Mr. Buchanan concerning the ab-            amended Constitution,      864, 866
sence of Mr. Welsh,            608        By Mr. McHenry respecting mile-'By Mr. Wells.concerning the pay of.age to the Officers of the ConvenBenjamin Hopkins,               620         tion,                          864
By Mr. Thawley prohibiting mem-             By Mr. Spriggs for compensation t.o
bers. standing over the' Clerk's           certain Officers of the Convention
desk during the call of the yeas            for extra services,            865
and nays,                      620        By Mr. Gwinn as to new matter,   86G
By the same concerning motions to,          By MIr. Thomas substitute for the
re-consider,                   620          Order of Mr. Johnson concerning
By Mr. Michael Newcomer con-                  the signature and publication of
cerning a daily recess,        641         the' amended Constitution,      866
By Mr. Hicks a substitute.for the          By Mr. Morgan for compensation'to
last mentioned order,          642          George S. King, for extra servi-.By Mr. Mitchell in favor of James            ces,                           866,
Bransell,                      716        By Mr. Constable for compensation
By Mr. Shriver concerning the.ab-            to Samuel Peacock, for extra sersence of Mr. Biser,            730          vices,                         867'
By Mr. Jacobs concerning the.ab-            By Mr. Bowie for compensation to
sence of'Mr. Lambden,          741          certain Officers of the Convention
By Mr. Stephenson concerning the              for extra services,            868
absence of Mr. Sappington,     741        By Mr. Thawley substitute for the
By Mr. Bellconcerning Supervisors             last mentioned Order,          868
of Roads,                      741        By Mr. Chandler another substitute, 868




29
By Mr. Bowie for comipensation to     PEACOCK, SAMUEL, [Committee Clerk]
William Hall, for extra services,                         Vol. II, 836, 865, 867
869, 871 PETITIONS, concerning Banks, presentBy Mr. McCubbin for extra corn-            ed by Mr. Buchanan,       Vol. II, 381
pensation to certain Officers of      Churches and Church Government, by
the Convention,            872, 873      Mr. Buchanan,              Vol. I, 220
By Mr. Ridgely for mileage to cer-      Frederick County, praying the erection
tain Officers of the Convention,  875     of a new County from parts of
By Mr. Ridgely concerning the pub-         Washington and, bylication of the amended Constitu-       Mr. Biser, Vol. I, 371, 428, 498, Vol. II, 3
tion,                      875, 877         Fiery,                 Vol. II, 201
By Mr. Parke substitute for the said          Shriver,                Vol. I, 371
Order,                         875    Reronstrance against the formation of
By Mr. Spencer on the same sub-             such a County, byject,                      875, 877     Mr. Biser,                  Vol. I, 479
By Mr. Howard directing the Post             Harbine,                Vol. II, 758
Offices of the Members of the               Shriver,    Vol. I, 496, Vol. II, 521
Convention to be entered on the       Grave Yards, protection of, by Mr. DaJournal,.875                           vis,                      Vol. I, 419
By Mr. Howard instructing Messrs.       Howard District, its erection into a sepTuck and Grason to deposit the            arate County, byamended Constitution, &c.,  879, 883    Mr. Dorsey,             Vol. I, 148, 190
By Mr. Howard to adjourn sine die, 879        Donaldson,              Vol. I, 190
ORPHANS' COUPRTS. [See Judiciary.]            Inspection system, remonstrance against
the repeal of the present, by Mr.
P                            Davis,                    Vol. If, 605
Leather, dealers in, by Mr. Annan, Vol. I, 88
PAY OF MEMBERS OF THE LEGIS'                 License system, byLATURE. [See Legislature.]                Mr. Annan,                  Vol. 1, 467
PAY OF THE PRESIDENT OF THE                        Biser,               Vol. II, 78, 219
CONVENTION. [See Resolutions.]                Carter,            Vol. I, 741, 816
PARDON, proposed limitation of the                 Chambers, of Kent,       Vol. 1, 479
power of the Governor respecting,             Colsten,                Vol. II, 54
Vol. I, 52, 91, 95, 96, 99, 100, 101,        Constable,              Vol. II, 176
102. [See also Executive Department.         Crisfield,               Vol. I, 428
PARKE, JOSEPH M., of Carroll county.               Dennis, (John)          Vol. 1I, 788
Vol. 1.                                          Donaldson,               Vol. 1, 428
80, 10.4 112, 126, 130,205, 206, 217,        Gaither,            Vol. II, 131, 220
218, 225, 226, 227, 236, 238, 301,           Grason,                  Vol. II, 64
303, 491         Gwinn,                  Vol. II, 131
Vol. 2.                                          Holliday,               Vol. I, 428
78, 572, 579, 742, 788, 833, 872, 874, 875   Kent,                    Vol. I, 428
Constitution, Order (substitute) concern-        Kilgour,                 Vol. II, 19
ing the publication of the amended,          Magraw,      Vol. 1, 479, Vol. 11, 381
Vol. II, 875        Newcomer, (John)    Vol. I, 428, 496
Convention, Order giving the thanks of           Parke,                   Vol. II, 78
the Cenvention, in lieu of compensa-         President,    Vol. I, 371, Vol. I1, 54
tion, to certain Offcers of the,             Ridgely, Vol. I, 428, Vol. II, 54,
Vol. II, 874                                   347, 446
Elective Franchise Report,  Vol. I, 80, 104      Sellman,     Vol. I, 419, Vol. II, 641
Judiciary Report, remarks on the,                Sherwood, of Baltimore city, Vol.
Vol. II, 572                               1I, 176, 727
Legislative Report, remarks on the,              Shriver,           Vol. II, 176, 570
Vol. I, 301        Smith,                   Vol. 1, 308
Amendment to the,         Vol. I, 301, 303       Weber,                  Vol. 1, 428
Petitions presented by, Vol. I, 112, Vol. II, 78  Wright,                 Vol. I, 516
Register of Debates, amendment to Or-      Lotteries, praying the prohibition of, by
der concerning bound copies of the,        Mr. President,            Vol. I, 307
Vol. II, 742  Lumber, the present system of inspection
Reports of Debates, remarks concerning         of, by Mr. Stewart, of Baltimore
the,                     Vol. 11, 872      city,                     Vol. II, 741
Rights, Bill of, rerarks on the, Vol. I,   Menonite Church, the, by Mr. Neill,
140, 218, 225, 226, 238                                Vol. I, 25
Amendments to the, Vol. I, 206, 217,       Militia, the State, by Mr. Ware, Vol. II, 827
218, 225, 236, 238, Vol. II, 788  Population, the free colored, by Mr.
Voting, excused from,         Vol. I, 295      Gaither,                  Vol. I, 371
PASSENGERS, companies for the trans-         Real Estate, the forced sale of, by Mr.
portation of, [See Tolls.]                 Parke,                    Vol. I, 112




Temperance, by Mr. Gwinn,     Vol. If 235   Representation Question, remarks on the,
Tobacco, the inspection of, by Mr. New-        Vol. I, 372, Vol. II, 23, 80, 144, 199, 20~
comer, (Michael)          Vol. I, 158  Amendment to the Report on the, Vol, II, 81
PHELPS, FRANCIS P., of Dorchester            Order concerning the basis of the, Vol. I, 235
county.                                 Revision, remarks'concerning the comVol. 1.                                         mittee on,                Vol. II, 246
25, 30, 31, 32, 36, 37, 41, 45, 58      Rights, Bill of,      Vol. I, 155, 156, 216
75, 76, 82, 83, 85, 86, 89, 98 110,     Amendment to the,             Vol. 1, 216
115, 118, 126, 139, 149, 155, 156      Rule, remarks on amending 23d,  Vol 1, 76
157, 190, 191, 216, 219, 235, 244,    PLEADINGS, Propositions concerning the
245, 246, 252, 254, 260, 267, 269,         revision and simplification of. [See
277, 280, 281, 296, 297, 301, 304,          Legislative Department.]
309, 310, 311, 332, 334, 335, 372,    POPULATION OF MARYLAND~ com380, 384, 387, 389, 395, 397, 398,          munication of Mr. Kennedy con399, 401, 408, 486, 489, 493, 496,          cerning the,               Vol.lA, 7&
506, 507, 515, 548 POPULATION, Free Colored, of MaryVol. 2.                                         land, propositions concerning the,
10, 11, 23, 80, 81, 100, 144, 145,                   Vol. I, 195, 197, 198, 207, 371
147, 177, 196, 198, 199, 200, 202,      Report by Mr. Jenifer from Committee
246, 249, 259, 284, 329, 332, 334,          No. 14, asking to be discharged from
335, 336, 338, 355, 364, 460, 467,         the consideration of the subject, Vol. I, 82
485, 486, 487, 501, 518, 551, 558,     Report of Mr. Jacobs from committee
579, 583, 603, 713, 718, 725, 734,         on,               Vol. II, 220, 784 865
735, 746, 759, 761, 769, 780, 782,         [See, also, Rights.]
783, 841, 842, 846, 849, 851, 860 PREAMBLETO THE BILL OF RIGHTS.
Adjournment (final) of the Convention,         [See Rights, Bill of.]
remarks on motion postponing the      PRESIDENT OF THE CONVENTION,.
time for the,             Vol. II, 718      John G, Chapman, of Charles Co.
Allegany County, remarks on the Report      Vol. 1.
concerning the division of,  Vol. II, 249   33, 34, 35, 43, 55, 56, 57, 58, 65, 76,
Attorney General and his Deputies, re-          82, 88, 97, 98, 104, 105, 106, 107,
marks on the Report concerning the          108, 109, 113, 114, 115, 116, 118,
office of the,         Vol. II, 10, 11      122,. 123, 126, 127, 130, 131, 133,
Business of the Convention, remarks on         136, 137, 138, 139, 140, 148, 149,
the order concerning the final dispo-       150, 156 158, 159, 166, 174, 176
sition of the,            Vol. II, 782      177, 184, 186, 190, 194, 199, 200,
Civil Officers, remarks on the Report con-     204, 207, 208, 211, 218, 283, 284,
cerning the appointment and tenure          286, 288, 291 293, 296, 300, 301,
of office of certain,  Vol. II, 842, 846    304, 307, 312, 326, 332, 334, 339,'-,., ~ T)'340, 354, 356, 369, 372, 373, 374,;
Constitution, remarks on the Repoit con-        3, 35, 379 34, 32, 33, 37
375, 378, 379, 384, 385, 387, 388,
cerning future changes of the, Vol. II, 364  389, 396, 397, 40, 402, 409, 410
Correction of a vote given under a mis-4                     4, 4     4     4
411, 414,428, 429, 430, 435, 441,
apprehension of the question, Vol. I, 783, 4                        442 447 
Elective Franchise Report, remarks on       Vi 2 
the,              Vol. 1, 30, 31, 85, 86    54, 79, 80, 99, 100, 131, 132, 144,
Amendments to the,       Vol. I, 30, 36, 41     145, 152, 153, 16, 163, 170, 172
Elective Franchise Report, remarks on                             1
the resolution to close debate on the       1,,,   4, 240, 204,
219, 240, 242, 243, 246, 248, 260,
first section of the,       Vol. I, 55      270, 288, 32, 330, 348, 367, 381,
Evening Sessions, remarks on the order          383, 396, 402, 408, 448, 449 454,
for,                      Vol. II, 177      457, 459, 485, 518, 521, 573; 578,
Executive Report, remarks on the,              583, 586, 587, 588, 589, 591, 595,
Vol. I, 489, 493, Vol, II, 202  597, 598, 601, 602, 603, 606, 612,
Amendment to the,             Vol. I, 493       615, 617, 618, 619, 623, 624, 625,
Judiciary Reportremarks on the, Vol.          641, 642, 650, 654, 659, 660, 697,
II, 467, 485, 501, 579, 603, 746   698, 705, 706, 707, 708, 712, 713,
Amendments thereto,   Vol. II, 460j 487, 735   719, 722, 723, 725, 726, 727, 739,
Legislative Report, remarks on the,            809, 838, 841, 842, 852, 856, 868,
Vol. I, 244, 245, 246, 252, 254. 277,                           875, 878, 882, 889
280, 281, 304, 309, 310, 332, 334,      Cause of the absence of the,  Vol. I, 506
335, 384, 397, 398, 399, 401, 408,      Order of Mr. Grason, concerning the per
Vol. II, 259, 284, 332, 334, 335, 336,     diem of the,              Vol. II, 838
338, 759, 769  Petitions presented by, Vol. I, 307, 385,
Amendments thereto, Vol. I, 219, 246,                                    Vol. II, 54
267, 309, 311, 332, 335, 380, 387,     Valedictory Address of the,   Vol. II, 890
395, Vol. II, 259, 332, 334, 338  Vote of thanks, to the,  Vol. II, 856




81
PRESIDENTS, [pro temr.] Mr. Blakistone,      Representation Question, remarks on
of St. Mary's county, Vol. I. 394,         the, Vol. I, 107, 110, 111, 120, 122,
460,467, 871       288, 297, 298, 299, 371, 374, 442,
Mr. Buchanan, of Baltimore county,             Vol. II, 22, 25, 27, 53, 68, 72, 73,
Vol. I, 507, 529,. 548, Vol. II, 3, 5,               76, 78, 81, 89, 91, 92, 187, 549
17, 18, 36, 38; 52, 53, 856, 871  Request (in the nature of instructions)
Mr. Brown, of Carroll county, Vol. II,         to the Committee on Representa621, 872      tion,                      Vol. I, 120
Mr. Ricaud, of Kent county, Vol. 1, 135,-.  Rights, Bill of, remarks on the, Vol. I,
Vol. II, 497, 498j 500, 501, 505, 514,      143, 14, 148, 150, 153, 154, 162,
741, 872       164, 171, 179, 184, 189, 193, 195,
Mr. Spencer, of Queen Anne's county,                                        211, 219
Vol. I, 450   Amendments to the, Vol. I, 143, 184,
Mr- Tuck, of Prince George's county,                                        193, 219
Vol. I, 219, 222, 235, 243, 260, 269,  PREVIOUS QUESTION. [See Question,
Vol. II, 872      the Previous.]
PRESSTMAN, BENJAMIN C.,,of Balti-          PRINTING COMMITTEE, Mr. Randall
more city.,                                excused from service on the, Vol. II, 816
51;, 53, 64, 68, 69, 77, 8, 81, 100,    Mr. Donaldson appointed in his place,
51, 53, 64, 68, 69, 77, 80, 81, 100                                  Vol. II, 816
107, 110, 111, 113, 114, 115, 120, 
122, 125, 126, 138, 143, 46, 148,       Reports from the, Vol. I1; 243, 550, 741,
150, 153, 154, 158, 162, 164, 171,          836, 860. [See Reports.]
179, 184, 189, 193, 195, 211, 219,    PRINTERS, Order to pay,         Vol. I, 104
267 281, 288, 297, 298, 299, 313,       Order of Mr. Howard authorizing the
315, 320, 364, 368, 369, 370, 371,         President of the Convention to draw
372, 374, 381, 382, 383, 384, 387,          for sums due for printing, &c., Vol. II, 876
394, 395, 396, 399; 400, 403, 404,      Report and Order to pay additional sums
410, 411, 425, 426, 433, 441, 442,          to the,                   Vol. II, 550
446, 447, 450, 472, 473, 495, 505,    PROSECUTIONS FOR CRIME.          [See
512, 513, 521, 523, 524    Rights.]
Vol. 2.
22, 25, 27, 52, 53, 68, 72, 73, 76, 78,  PUBLIC WORKS, Board of, Order by
81, 89, 91, 92, 187, 199, 269, 49,         Mr. Merrick respecting the creation
797, 819, 820      of,                        Vol. I, 114
Attorney General and his Deputies, re-     Reprt by Mr. Jenifer from Committee
marks on the Report on the office          No 1    organizing a, Vol. I, 207,
Vol. II, 200, 220, 223
of the,           Vol. I, 521,523, 524            -                 20    0 223
of the,  Vol.,  1, 5, 5      Debate on the Report, Vol. II, 389, 396,
Elective Franchise Report, remarks on, 4
the,         Vol. I, 51, 53, 64, 80, 100 
Amendment to the,              Vol. I, 81  Amendments to the Report, Vol. II, 200,
Executive Report, remarks on the,              220, 389, 396, 402, 413, 415, 425,
Vol. I. 479, 473, 480     440,' 445, 44'6, 448, 449, 450, 451,
Amendment to the,             Vol. I, 480                          452, 454, 457, 459
Judiciary Report, remarks on the,
Vol. II, 797                    Q
Legislative Report, remarks on the,
Vol. I, 281, 313, 315 320, 364, 368,  QUALIFICATIONS OF VOTERS. [See
369, 370, 381, 382, 383, 384, 396,          Franchise.]
400, 403, 404, 411, 425, 426, 446, 447 QUESTION, the Previous, Vol. I, 57, 67,
Amendments to the, Vol. I, 387, 395, 399, 410  76, 98, 99, 104, 109, 110, 118, 122,
Legislative Department, Report addi-           137, 156, 159, 184, 185, 194, 234,
tional from the committee on the,          238, 266, 267, 268, 281, 282, 289,
Vol. I, 138      293, 300, 301, 325, 326, 354, 369,
Master and Slave, Order concerning the         371, 375, 379, 397, 409, 411, 416,
relation of,              Vol. I, 113      422, 424, 436, 445, 446, 447, 448,
Remarks thereon,          Vol. I, 113, 114     477, 481, 482, 485, 489, 494 495,
Remarks on the Report from Committee           498, Vol. 11, 37, 152, 198, 239, 290,
No. 14, concerning the relation of,        380, 448, 459, 601, 610, 613, 624,
Vol. I, 125      652, 653, 697, 704, 711, 712, 713,
Motions to re-consider, remarks on the         722, 724, 740, 751, 761, 765, 768,
motion of Mr. Chambers, of Kent,           787, 788, 802, 803, 805, 813, 814,
concerning,               Vol. I, 512      818, 819, 820, 822, 823, 827, 834,
Order concerning the absence of, Vol. II, 269  837, 838, 842, 843, 847, 849, 851,
Order as to the rights and interests of        853, 854, 855, 860, 862, 863, 866,
parties pending suit,     Vol. I, 158               867, 868, 872, 874, 875, 882




32
R                         Rule, notice of motion to change the
17th, (in relation to the Previous
RANDALL, ALEXANDER, of Anne                       Question,)                  Vol. 1, 57
Arundel county.                         Remarks thereon,          Vol. I, 57,' 67, 76
Vol. 1.
l57, 67, 71, 76, 83, 87, 99, 105, 115   Treasury Department, remarks on the
126, 140, 187, 207, 210, 214, 215,          Report concerning the,    Vol. II, 829
218, 226, 234, 238, 269, 281, 399,      Amenment to the Rport,         Vol., 833
408, 409 RATIO OF REPRESENTATION. [See
Vol. 2.                                         Representation.]
98, 181, 198, 241, 243, 247, 260,     RECESS OF THE CONVENTION.
264, 281, 284, 292, 331, 346, 377,          [See Sessions of the Convention.]
378, 379, 380, 381, 383, 384, 386,     RECONSIDER, motion to387, 388, 518, 580, 633, 634, 636,      Vol. 1.
654, 701, 717, 738, 744, 746, 747,          Order relating to State Map,   25, 82
748, 749, 750, 753, 756, 760, 769,          Order relating to absentees,       43
781, 784, 788, 793, 800, 801, 803,          Vote on the 19th Article of the Bill
804, 805, 816, 829, 833, 836, 877, 889        of Rights                       191
Constitution, remarks on the ReportVote adopting 3d Section of the
concerning future changes of the,             Legislative  eport,             296
Vol. II, 377, 379, 381, 383, 386, 387, 388  Vote str      o    crtain words
Vote striking out certain words
Amendments to the report, Vol. II, 377,           from said Section               296
380, 381, 38o4      7
Constitution, Order concerning the print-       Vote on 2d Section of said Report,  301
Vote on 16th Section of said Report, 309
ing and circulation of copies of the        Vote on 16th Section of said Report, 309
amended,                  Vol. II, 803      Vote on 21sth Section of said Report, 339
Remarks thereon,      Vol. II, 803, 804, 805    Vote on 21st Section  c  of  Mr.355
Constitution, remarks on the motion of            oe     o  the ist branchofMr.
Neiil's Order instructing the ComMr. Howard concerning the signa-ei               l sOrderinstructingthe o
ture of the President of the Conven-mittee on Representation,                 373
tion, of the amended,     Vol. 11, 889      Vote on the 27th Section of the LegElective Franchise Report, remarks on             islative Report,                385
the,                        Vol. I, 71      Vote on 30th Section of said Report, 386
Amendment thereto,           Vol. I, 71, 87     Vote on 31st Section of said Report, 386
Judiciary, remarks on the Report of the         Vote on 33d Section of said Report, 386
Committee on the Department of              Vote on Mr. Dorsey's amendment
the, Vol. II, 580, 633, 636, 654, 701,        to 31st Section of said Report,  387
738, 744, 746, 748, 749, 753, 756,         Vote on Mr. Grason's amendment
793, 800, 801        to 31st Section of said Report, 387, 389
Amendments to the Report,    Vol. II,           Vote on 21st Section of said Report, 394
633, 634, 636, 701, 738, 746, 747, 750, 753  Vote on Mr. Phelps's amendment
LegislativeReport, remarks on the,Vol. I,         relating to the property of married
269, 281,408, 409, Vol. II, 260, 264,         women,                          399
281, 284, 292, 331, 346, 760    Vote on Mr. Ridgely's amendment
Amendments to the Report, Vol. I, 408, 409        as to exemption of property of
Map of the State, remarks on Orders di-           debtors,                        410
recting the preparation and litho-          Vote on Mr. Davis' amendment congraphing of,    Vol. I, 83, Vol. II, 181      cerning appropriations of money
Mitchell, James S., remarks relative to           for education,                 425
O the case ro sopif,      Vol. I1, 241      Vote on the first branch of Mr. BlakiOrder concerning synopsis of the relative increase or diminution of thes
slaves and free colored population of         the Public Debt,               448
the State of Maryland,     Vol. 1, 207      Vote on the motion postponing the
Printing, committee on-excused fromconsideration of the Legislative
service on the,           Vol. II, 816Report,                                450
Representation, amendments to the Re-           Vote on the 13th Section of the Export on,               Vol. II, 98, 198       ecutive Report,                469
Rights, Bill of, remarks on the, Vol. I,        Vote on 19th Section of said Report, 478
187, 210, 214, 215, 226,238, Vol. II,       Vote on Mr. Sappington's Order
381, 781, 784        concerning the Door-keepers,   479
Amendments thereto, Vol. I, 187, 215,           Vote on the 21st Section of the Ex218, 226, 238        ecutive Report,                490
Revision, remarks on the Order con-            Vote on Order discharging Commitcerning a committee of,   Vol. II, 247        mittee Clerks,                 496
Revision, Reports from the committee            Vote on the 22d Rule,            507
on,               Vol. II, 717, 769, 877    Vote on the resolution concerning
Remarks,                      Vol. II, 769        Committee Clerks,              529




Vol...                                         Vote on Mr. Grason's amendinent
Vote on Mr. Fiery's amendment to.              to the Report on Representation,  701.
the Report on the Representa-              Vote on Mr. Chambers' (of Kent,)
tion Question,               52, 150         amendment to the said report,   712
Vote on the Order limiting debate            Vote on Mr. Johnson's amendment
on the Representation Question,             thereto,                         713
100, 131        Vote on the first branch of Mr.
Vote limiting debate on said, Ques-            Chambers' (of Kent,) amendment
tion,                           200          as amended,                     724
Vote on 9th Section of the Legisla-          Vote on striking out the amendment
tive Report,                    257          of Mr. Chambers, of Kent,       727
Vote on Mr. John Newcomer's                  Vote on the 21st section. of the Judiamendment to 23d Section of said             ciary Report,                   742
Report,                         332        Vote striking out "third" and inVote on the Article creating, How-             serting'second;" for,          743
ard county,                     347        Vote on Mr. J. Newcomer's amendVote on the Article of the Legisla-            ment to the Judiciary Report    745
tive Report, concernin -Votes on the         11th t and 12th sections
tire Report, concerning the compesation of Clerks and Rister, 355ofe aid Report
Vote on the Report and Resolution             ote rejecting the last branch of the
of the Committee on Printing,amendment of Mr. Solers to the
concerning the Reports of De-                Legislative Report,             766
hate,                           415        Vote on the third article of the Bill'bates,                         415of Rights,                      781
Vote on adoption of Report creating.,
a Board of Public W       ^orks,'450,     Vote on Mr. Miller's amendment to
a Board of Public Works,        450
Vote on Mr. Crisfield's amendment              te Lgislative  eport,           784
to the Judiciary Report;,.in rela*to the Judiciary' Report;''in rela- y    Vote on the 33d'article of the Bill
tion to the election of four Judges          of Rights,                      785
for~the Court of'Appeals,'    536        Vote on the 14th article of the said
for~the Court of Appeals,       536
Vote on amendment of Mr. Brown                 Bill,                           78
to the'Judiciary Report,.      558        Vote on the 1st article,          788
Vote-on the amendment of Mr. Ja-             Vote on the 30th article of the Bill'cob's to the 5th. Section of the            of Rights,                      78
said Report,                    570        Vote on the 13th section of the ExVote on the first branch of Mr. Cris-          ecutive Report,                 816'field's amendment to the said Re-         Vote on the article of the Judiciary
port,                      586,587.          Report concerning the fees of
Vole on the second branchd of Mr.lerks and Registers                           816
Crisfiels amendmentto thesadVote on the amendment to the JudiReport,'                       592          ciary Report relative to the dis-   5.  p -,.ntricting system,                             817
Vote on the adoption of the 10th              trtn    sste,                    817
*Section of the said Report,    593        Vote on the substitute of Mr. Thomas
Vote on Mr. Shriver's amendmenton the same s.bject,                            817
to the said Report,'      594        Vote on the 21st section of the JudiVote on the adoption of the 10th Ar.-,        ciary Report in relation to Clerks
tide of the Judiciary Report, 603, 608and Registers,                         849
Vote on. the amendment as to.- the           Vote on the article submitted by Mr.
number of Judges,           603, 608         Donaldson prescribing the mode
Vote on the amendment of 5r.                   of'altering the Constitution,  850
Presstman to the Legislative Re-           Vote granting additional compensaport abolishing imprisonment for             tion to certain officers of the Condebt,                           606          vention,-'                869, 871
Vote on the Proviso. of Mr. R. J.            Vote concerning the limitation of
Brent to the Legislative Report              pay to the Committee on Printing,
concerning the School Fund,     622          Reporter, &c.                   872
Vote on the 10th,Section of the Ju-          Vote on the motion of. Mr. Howard
diciary Report,                 623          that the engrossed Constitution be
Vote adopting the.amendment of                signed by'the President of. the
Mr. Spencer as'the 11th Section              Convention and attested by the
of the said Report,        623, 624          Secretary thereof,.             890
Vote on Mr. Morgan's amendment         REGISTERS, [See Cle'rks and Registers,]
to 13th Section of said Report,  639'                                Vol. 11, 550
Vote on Mr. Dorsey's amendment         REGlSTRATION OF VOTERS. [See
to the Judiciary Report,'     661'       Fria chlise.]
Vote on 12th section of the Judici-.   REGISTRY LAW,                  Vol. I, 65, 81
ary Report,                     698 RELIGIOUS TESTS. [See Tests.]
C




34
R1EPORTER, the Official, Vol. I, 25, 104,         By Mr. Sappington in relation to the
467, Vol. II, 99, 243, 245, 415, 836,         reduction of Clerks and Door860, 868, 872, 876       keepers,                        494
Takes his seat,                 Vol. 1, 25      By Mr. Dashiell Minority Report on
Order to pay,                  Vol. I, 104        the same subject,              495
Letters from, concerning tie Reports of         By Mr. Crisfield from the Minority
Debates,               Vol. II, 99 868        of the committee on the Judiciary, 516
Report and Resolution of the Committee      Vol. 2,
on Printing on the first of the said        By Mr. Jacobs from the committee
letters,          Vol. II, 243, 245, 415      on the Free Colored Population,  220
Resolution of Mr. Spencer appointing            By Mr. Sollers from the committee
Messrs. Randall and Ware a Con-               on future amendments and revismittee to act after the final adjourn-ions of the Constitution,              233
ment of the Convention, to settle up        By Mr. Bowie from the committee
accounts connected with the report-           on Printing on the letter of the
ing, &c.              Vol. II, 836, 860       Official Reporter in relation to the
Resolution of Mr. Howard authorizing              reporting of the Convention,   243
the President of the Convention to          By Mr Fitzpatrick from the comdraw for sums due for reporting, &.,          mittee on future amendments and
Vol. II, 876        revisions of the Constitution,  245
REPORTS     OFr THWE   DnEBATES   OF              By Mr. Tuck from the committee
THIE  CONVENTIONV. [Sere De-                  respecting the appointment and
bates and Reporter.]   [Stenure of certain Civil Officers,                   486
rREPO(RTS.   Jeoltr.]By Mr. Dorsey from the committee
Vol. 1.                                           on Counties, creating a new County from parts of the Counties of
From the Clerk of the Levy Court                from pats of the    Counties of
of Calvert county,    58         Washington and Frederick,      521
of Calvert county,               58
From the same relative ~to Ithe fees        By Mr. Sollers from the select comFrom the same relative to the fees              i     appointed on the case of
of the Attoey General and ismittee appointed on the case of
of the Attorney General and his             James S.Mitchell               521
DaP1111'35s X5~              ~By Mr. Stewart of Baltimore city,
By Mr, Chambers, of Kent, from                from the committee on Printing,
the Committee on the Elective               with  order to pay additional
Franchise,                      67          sums to the Printer,           550
By Mr. Jenifer on the subject of free       By Mr. Howard from the commitcolored population,             82          tee on the Militia,            597
By Mr. Johnson on the Legislative           By Mr. Wells (verbal) from  the
Department,                    123          committee on Corporations,     717
By Mr. Jenifer on the relation of           By Mr. Randall from the committee
master and slave,125                        on Revision,           717, 769, 877
By Mr. Presstman with additional            By Mr. McHenry from the commitarticles from the committee on              tee appointed to consider and rethe Legislative Department,    138          port respecting the appoitment
By Mr. Dorsey on the Bill of Rights, 140      and tenure of certain Civil OffiBy Mr. McLane on the Treasury                 cers,                      717, 789
Department,                    166        By Mr. Wells from the committee
From Clerk of Worcester county,  208          on Accounts, in favor of the payBy Mr. Dorsey in relation to How-ment of certai              persons therein
ard District,                  219          mentioned,                 717, 841
By Mr. Boie on the Judiciary,     39        By Mr. Ricaud from the committee
By Mlr. Bowrive on the Juoici of te          on Printing, concerning the bound
By Mr. Shriver onthe oce of the               copies oftheegfice   of Debates, 741
Attorney,eneral and his Depu-           B copies of the Register of Debates, 741
Attorney General and his Depu- 
~ties,).~ 283              ~~By Mr. Grason from the committee
on Revision,                   816
By Mr. Ricaud from the select com-          By Mr. Spencer from the committee
mittee'on the Rules,           325          on Printing, providing for the apBy Mr. Smith on Education,       339         pointment of Messrs. Randall and
By Mr. Smith in relation to Allega-           Ware as a committee to settle upny county,                     356         accounts, in place of the existing
By Mr. Jenifer concerning the ad-            committee,                  836, 860
vocacy of claims before the Leg-          By Mr. Magraw from the select
islature,                      450         committee on the Journal of ProBy Mr. Jenifer on the License sys-           ceedings,                       837
tem and other matters,         460        By Mr. Wells from the committee
By Mr. Wells from the committee               on Accounts asking for instrucon Accounts with a resolution to           tions in relation to certain acpay certain accounts,          479          counts,                        841




Byv Mr. Wells in favor of the Libra-          Baltimore, 198, 199, i05, 712,
rian,                           841         723, 724, 725, 726, 788, 789, 817,
By Mr. Neill from  the committee                        818, 819, 820, 821, 822, 893
on Accounts, in favor of John W.          Propositions to district the State of
Rider,                         841          Maryland, 707, 708, 709, 710,
By Mr. Donaldson (verbal) from                711, 713, 718, 722, 724, 725, 726,
the select committee on Licenses, 856                 818, 819, 820, 821, 822, 823
By Mr. Weber from the minority of           Resolution of Mr. Jenifer providing
the same committee,            856         for the appointment of a commitBy Mr. Magraw from the Revisory              tee of seven to take into considcommittee,                     869          eration the question of the,   195
By Mr. Chambers of Kent, from the     RESOLUTIONS. [See also Orders.]
Revisory committee,    870, 873, 878  Vol. 1.
By Mr. Tuck from the Revisory               By Mr. Fiery providing for Evening
committee, 873, 877, 879, 889,              Sessions,                       77
[the fnal Report of the engrossed        By Mr. Sollers concerning debate
Constitution.]                              on the Elective Franchise,      99
By Mr. Donaldson from the Revi-             By Mr. Merrick from the commitsory committee,            873, 875        tee on Representation,          106
REPRESENTATION, basis of, Report                 By Mr. Tuck concerning Indexes,   114
by Mr. Merrick from the committee           By Mr. Williams relative to copies
on,                       Vol. I, 106         of the State Treasurer's Report,  126
Introductory discussion thereon, Vol. 1,        By Mr. Chambers of Kent, concern106, 107, 108, 109, 110, 111, 112,            ing taxes on money or debts due
115, 116, 117, 118, 119, 120, 121,            by non-residents,              126
122, 127, 128, 129, 130, 132, 133,          By Mr. Johnson providing for the
134, 135, 136, 137, 284, 297, 298,           appointment of a committee of
299, 428, 442, Vol.II, 15       Revision,                      140
Motion to refer the Report to the com-          By Mr. Wells in favor of Haywood,
mittee'of the Whole,  Vol. 1, 106, 136        Bartlett & Co.,                290
Motions to postpone its consideration,          By Mr. Gwinn as to hour of meetVol. I, 106, 107, 109, Vol. II, 15, 17, 19  ing,                            300
Motions to re-commit the Report with            By Mr. Mitchell for Evening Sesinstructions, Vol. I, 109, 111, 116,          sions,                         300
120, 122, 127, 132     By Mr. Wells from committee on
Motion to strike out instructions, Vol. I, 110   Accounts, to pay certain accounts, 479
Report laid on the table,     Vol. I, 137.  Vol. 2.
Mr. Phelps' Order concerning the, Vol. I, 235   By Mr. Jenifer providing for the apReport of Mr. Merrick,        Vol. I, 284        pointmentof a committee of seven
Report of Mr. Lloyd,           Vol. I, 286on the Representation Question,        195
Report of Mr. Chambers, of Kent, Vol 1, 286     By M. Bowie from the committee
Report of Mr. Howard,          Vol. I, 287        on Printing, concerning the ReOrder of Mr. Bell instructing the com-portsof the Debate of the Conmittee to report certain articles,vention                                    243
Vol. I, 371      By Mr, Ricaud concerning the SesMotion to re-consider the vote on the             sions of the Convention,       366
first branch thereof,     Vol. I, 373       By Mr. Stephenson for the final adMotions to make the subject the special           journment of the Convention,   583
order,            Vol. I, 428, 429, 442     By Mr. Buchanan concerning the
Order to print the various plans,  Vol. I, 496    pay of the Pages of the ConvenVol. 2.                                         tion,                          596
Debate on the question of the, 19,          By Mr. Brown concerning debate
38, 54, 64 78, 80, 100, 133, 159,           on the Judiciary Report,       697
195, 196, 200, 701, 713, 718, 727,        By Mr. Wells in favor of the pay788, 817         ment of certain accounts,  717, 841
Amendments to the Report on the,            By Mr. Brown regulating debate.19, 20, 21, 23, 24, 25, 36, 37, 38,        generally,                      758
52, 54, 64, 80, 81, 100, 144, 145,        By Mr. Tuck concerning daily re146, 147, 152, 1.53, 162, 163, 164,         cess of the Convention,        783
165, 166,167, 168, 169,170, 171,          By Mr. Ridgely concerning the
172, 173, 174, 183, 184, 185, 186,          transmission of the Register of
187, 195,196, 197,198, 199, 701,            Debates                        816
705, 706, 707, 708, 709, 710, 711,        By Mr. Spencer providing for the ap-.:12, 713, 718, 722, 723, 724, 725,'pointment of Messrs. Randall and
726, 788, 789, 817, 818, 819, 820,          Ware as a committee to settle up
821, 822, 823        accounts, in place of the existing
Propositions to district the city of          committee on Printing,     836, 860




36
By Mrr. Magraw from the select         Resolution concerning the sessions of
committee on the Journal of Pro-         the Convention,           Vol. II, 366
ceedings,                      837 RIDER, JOHN W., [Committee Clerk,]'
By Mr. Wells from the committee                                      Vol II, 841
on Accounts, in favor of the Li-    RIDGELY, JAMES L., of Baltimore
brarian,                       841        county.
By Mr. Neill from  the committee       Vol. 1.
on PAccounti s in favor of John iW.      34, 37, 56, 65, 66, 69, 73, 74, 80, 87,
RT'4id- er,                    841       91, 95, 97, 99, 104, 126, 149, 157,
By NMr. Howard, of thanks to the            158, 159, 176, 194, 199, 201, 204,
President of the Convention,   856        206, 207, 208, 209, 210, 211, 213,
By Mr. John Newcomer of thanks             277, 280, 282; 304, 336, 337, 338,
to Mr. Buchanan, President pro           340, 355, 367, 381, 395, 397, 400,
temn.                          871        406, 407, 408, 409, 410, 446,.448,
By Mr. Stephenson of thanks to Mr.                                  457, 474, 479
Blakistone, President pro ten.  871   Vol. 2.
By Mr. Schley of thanks to Messrs.          54,347, 356, 446, 451, 457, 459, 573
Ricaud, Tuck, Biser, Brown,               580, 581, 584, 591, 603, 604, 606,
Weems, and Morgan, as Presi-              728, 730, 731, 786, 809, 810, 816,
dents pro tem.                 872               817, 818, 870, 874, 875, 877, 890
By Mr. Howard authorizing the           Absentees, remarks on (and amendment
President of the Convention toto) resolution relating to,            Vol. 1, 34
draw for sums due for printing        Banks, liability of Directors and Stockand reporting,                 876       holders of, motion to suspend the
By M. Ridgely concerning'the per          rule in order to re-consider the vote
diem of members of the Conven-           on the amendment to the Legislation,                          877        tive Report, concerning.the, Vol. II, 870
*By Mr. Spencer.substituthereor   877    emrks thereforn,            Vol. 870
REVENUE BILLS. [See Legiislative De-          Education, remarks on the Report on the
pirtmelat.]                                 subject of,              Vol. II, 810
REVISION, Committee on,"Vol. I, 140,          Elective Franchise Report, remarks on
Vol. II, 245, 248, 260, 717, 769, 816,     the, Vol. I, 37, 69, 73, 74, 80, 91, 95, 97
869, 870, 871,-: 872, 873, 874, 875,    Amendments to the,      Vol. I. 91, 95, 99
877, 878, 879; 889-[the final Re-       Remarks on resolution to close debate
port of.the engrossed Constitution.]       on the first section of the,  Vol. I, 56
RICAUD, JAMES B.,of Kent county              Executive Report, remarks on the,
Vol. 1.                                                              Vol. I, 474, 479
55, 58, 81, 83, 84, 88, 89, 95, 98, 99,  Hour of meeting, Order as to the, Vol. I, 65
104, 105, 126, 269, 293, 305, 325,      Remarks thereon,            Vol.'I, 65, 66
326, 332, 429, 479  Howard county, remarks concerning,
Vol. 2.                                                                   Vol. 1, 347
37, 243, 245, 291, 347, 366, 367,       Judiciary Report, remarks on the,
497, 595, 700, 727, 739, 741, 742,         Vol. II, 580, 581, 584, 591, 72S, 730, 731
801, 802, 804, 871, 872  Amendments thereto, Vol. II, 584, 591,
Attorney General and his Deputies, re-                                       603, 730
marks on the Report on the office      Legislative Report, remarks on the,
of the,                    Vol. II, 37      Vol. I, 277,280, 282, 336, 337, 338,
Amendment to the Report,      Vol. II, 38      367, 381, 397, 400,'406, 408, 410,
Constitution, remarks on Order concern-                         446, 448, Vol. I1, 356'ing the printing and circulation of    Amendments to the, Vol. I, 336, 338,
copies of the amended,    Vol. II, 804                  340, 381, 397, 407, 410, 448
Elective Franchise Report, remarks on       Order concerning mileage to certain offithe,                 Vol. I. 58, 84, 89     cers of the Convention,  Vol. II, 875
Amendments to the,   Vol. I, 81, 83, 88, 95  Ordeis concerning the publication of.the
Judiciary Report, remarks on the;              amended Constitution,  Vol. II, 875,8'77
Vol. II, 737,.801  Par diem of the President of the ConvenAmendments to the,   Vol. II, 700, 727, 802    tion, remarks concerning:the, Vol. II, 874
Legislative Pelport, amendment to the,     Pey diem of the members of the ConvenVol. I, 305      tion,. resolution concerning the,
Order concerning the bound copies of                                     Vol. II, 877
the Register of Debates of the Con-    Remarks thereon,              Vol. II, 877
vention,             Vol. II, 741, 742  Petitionspresented by, Vol. I, 457, Vol.
Report from the select coninittee on                                  II, 54, 347, 446
the Rules,                Vol. I, 325   Public Works, remarks on the leport
Reporting of the Convention, remarks           creating a Board of,  Vol. II, 451, 459
on the Report of the committee on      Representation Question, remarks on
Printing concerning,     Vol. II, 245      the,                 Vol. II, 817, 81.




37
Resolution concerning the transmission          Mr. Blakistone's Order to print the
of copies of the Register of Debates,         Rules,                          106
Vol. II, 816       Mr. Blakistone's notice of motion'to
Rights, Bill of, remarks on the, Vol. I,           change 17th, and to rescind 29th
157, 158, 159, 194,201, 204, 206,             Rule,                           131'207, 208, 209, 210, 211, 213, Vol. II, 786  His motion to amend said Rule,    137
Amendments to the,         Vol. I, 201, 206     Mr. Thomas' notice of motion to
RIGHTS; Bill (or Declaration) of-de-                 amend 21st,                    268
sultory discussion on proceeding to          His motion to amend said Rule,   269
the consideration of the,  Vol. I, 140       Mr Sollers' motion to- appoipt a
Report by Mr. Dorsey on the,   Vol. I, 140         committee upon the Rules and
Convention take it up,         Vol. I, 140debate thereon,                 290, 293, 300
Debate on the Report on the, Vol., 13,          Mr. Ricud's Report fro   the s144             l45 1 4 6 1 4t l~Mr. Ricaud's Report Afrom the se144, 145, 146, 147, 150, 151, 152           - lect committee on Rules,   325, 332
153, 154, 155, 156, 157, 158, 159,          Mr. Morgan's notice of motion to
160, 161, 162, 163, 164, 1:65, 166,.        amend 22d Rule, relating to mo167, 168, 169, 170, 1.71, 172, 173,           tions to re-consider,           375
174, 175, 176, 177,"190, 199, 208,
221, 222, 235, Vol. II 381,781, 784      His motion terefor,              386'1 222  35   0,,,Mr. Chambers' of Kent, notice of
Amendments to the, Vol. I, 143, 145,               motion to rconsider 22d Rule,'150, 157, 158, 159; 170, 177, 184,            relating tootions tore-consider, 505
186,: 187, 190, 191, 193, 194, 195,          His mnotion'therefor,       )507, 530
197, 198, 199, 200, 201, 204, 205,           Mr.'Dorsey's amendment to 17th
206, 208, 210, 214, 215, 216,; 217,            Rule                       515 530
218, 219, 221, 222, 225, 226, 230,       Vol. 2.
234, 235, 236, 237, 238, 239, Vol.. B             of additi
I, 381:, 781, 784, 785, 787, 788     Mr. Bowie's notice of additional
11' 381, 781; 784, 785, 787, 788.Rule limiting the time of speaking,  5
Church Properity, provisions concerning,           Rule limiting the time of speaking,  5'LVol. I, 216, 217, 218    Mr. Honward's notice of motion to'Corruption of Blood,'Vol., 199, 200,amend 22d Rule, governing moCriminal prosecutions,Vol. I,190,:191, 193, 194   tionsto reconsider, 620 643, 697, 717
Disqualifications for office,  XVol. I, 201, 205  Mr. Thawley's amendments to the
Forfeitures of estate for crime,'  Vol. I, 199    Rules: Ist. Prohibiting Members
Free Colored Population, provisions con-standin             over the Clerk's des
cerning,           Vol.I, 195, 197, 198        during the call of the yeas and
Government, the right to alter, reform,           nays. 2d. Concerning    otion to
or abolish the, Vol. I, 143, 157, 158,        reconsider.                      620
159 170 177 184 186'Mr. Brown's amendment, as appli159, 170, 177, 184, 186
-  v,,,..},    cable to debate on Judiciary ReKnowledge, &c., propositions concerning            port                            697
the diffusion of,  Vol. I, 219, 222, 225       p
Oaths (or affirmations,) manner of ad-     RULESAN. PRACTICE OFCOUTS
ministerin,'        Vol. I, 218         OF RECORD. [See Legislative
Preamble, the, Vol. I, 235, 236, 238, 239,         Deportmet.]
Vol. II, 784, 785, 788
Poll Taxes,                    Vol. I, 187                     S
Religious Tests, Vol. I, 206, 208, 210,
214, 215, 216, 218 SAPPINGTON, JOHN, of Harford counRights retained.by the people, Vol. I, 225, 226  ty, Vol. I 36 158,.319, 442, 478,
Secession, right of one.portion of the          479, 489, 494, 495, Vol.II, 13, 245,
people of the State to secede from                                330, 601, 615, 741
another,               Vol. I, 145, 150  Report from the Select Committee in reTaxation of Property, Vol. I, 187, 226,          lation to the reduction of Clerks,
230, 234, 235      &c., to the Convention,     Vol. I, 494
RIGHTS RETAINED. [See Rights, Bill           SALES, forced, Vol. I, 449, Vol. II, 758, 761
of.]TS RETAINSee ED.             [See also, Title, Legislative DepartOfJ-2                                       ment, item, Execution.]
ROADS, Supervisors of,          Vol. II, 741      en    imr'ive               V 
ROOT, E., Superintendent of Public In-      SCENE, an impressive,'            Vo. 
struction in the State of Wisconsin,LEY, GEORGE, of               Washington
Vol. I, 177  Vol. 
RULES. 
Vol. 1.'87, 159, 225, 235, 266, 293, 295,
Notices to amend 17th,      57, 6776          04, 6  307, 309, 311, 320, 321, 323,
Notices to amend 23d,       58, 76, 77            328, 329, 340, 402, 447, 519, 546,
Order amending 17th Rule,          98   Vol. 2.
Order of Mr. Brent of Baltimore              9, 15, 16, 20, 21, 22, 23, 24, 37, 334,
city, relative to the Rules,    104       337, 398, 402, 403, 406, 415, 426,
His substitute therefor,          104        435, 438, 441, 443, 445, 448, 450,




38
482, 602, 606, 617, 620, 623, 624,    SENATORS, United States, election of.
626, 663, 712, 743, 745, 814, 838,          [See Legislative Department ]
867,. 872, 874 SESSIONS   OF THE CONVENTION,
Attorney General and his Deputies, re-         Propositions for Evening, Vol. I, 77,
marks on the Report concerning              300, Vol. II, 176, 329, 614, 641, 643,
the,             Vol. I, 546, Vol. II, 9                            662, 753, 783
Elective Franchise Report, amendment      SESSIONS OF THE LEGISLATURE.
to the,                     Vol. I, 87      [See Legislative Department.]
Judiciary Report, remarks on the,         SHERWOOD, C., of Talbot county, Vol. II, 131
Vol. II, 582, 617, 623, 626
Amendments thereto, Vol. 1I, 582, 617,     HERWOOD      GEORGE W. of Balti743, 745       more city, Vol. I, 434, 549, Vol. II,
Legislative Report, remarks on the,               13, 53, 126, 176, 720, 722, 727, 775, 875
Vol. I, 266, 295, 307, 309, 311, 320,   Attorney General and his Deputies, re321, 323, 328, 329, 340, 447, Vol. II,      marks on the  eport concerning the
337 663    office of the,   Vol. I, 549, Vol II, 13
Amendments to the, Vol. I, 304, 309,        Legislative Report, remarks on the, Vol. 1, 434
320, 328, Vol II 334  Petititions presented by,  Vol. II, 176, 727
Militia, amendment to the Report on the,    Representation Questionremarks on the
Vol. II, 814                       Vol. II, 126, 720, 775
Per diem of the President of the Conven-  SHOWER, JACOB, of Carroll county,
tion, remarks on the Order concern-         Vol. I, 41, 282, 294, Vol. II, 36, 37,
ing the,              Vol. II, 838, 874                       52, 64, 100, 144, 150
Public Works, remarks on the Report       SHRIVER, EDW'D, of Frederick county,
creating a Board of, Vol. II, 398,          Vol. I, 25, 73, 283, 307, 371, 374,
402, 403, 406, 426, 435, 438, 441,          375, 396 400, 490, 494, 496, 506,
448, 450       507, 519, 520, 521, 523, 548, Vol. II,
Amendments to the Report, Vol. II, 415,         9, 10, 11, 13, 15, 53, 176, 184, 187,
443, 445, 450      242, 291, 355, 367, 379, 492, 521,
Representation Question, remarks on             550, 570, 581, 582, 593, 594, 595,
the, Vol. I, 119, Vol. lI, 16, 20, 21, 22, 24  637, 700, 730, 735, 743, 747, 814,
Amendments to the Report on the,                      818, 847, 848, 854, 865, 867,. 874
Vol. II, 20, 23, 24, 37, 712  Attorney General and his Deputies; reResolution of thanks to several gentle-         port on the office of the,  Vol. I, 283
men who had officiated as Presidents    Remarks thereon, Vol. I, 283, 519, 520,
pro tem. of the Convention,  Vol. II, 872        521, 523, 548, Vol. II, 9, 10, 15, 291
Rights, Bill of, remarks on the, Vol. I,    Amendments thereto,      Vol. II, 9, 10, 11
159, 225   Executive Report, remarks on the,
Amendments to the,             Vol. I, 235                            Vol. I, 490, 494
SCHOOL FUND. [See Education.]                 Judiciary Report, remarks on the, Vol. II, 735
SCHOOLS, Public. [See Education.]             Amendments thereto, Vol. II, 582, 593,
SEATS, Committee to arrange,     Vol. I, 207                      595, 700, 735, 743, 747
SECESSION, Right of any portion of the        Militia, amendment to the Report on the,
people of the State to, Vol. I, 145,                                  Vol. II, 814
150, Vol. II, 851  Order concerning the absence of Mr. BiSECRETARY OF THE CONVENTION.                      ser,                      Vol 11, 730
[See Breieer, George G.]                Per diem of the President of the ConSECRETARY     OF   STATE, Provisions              vention, amendment to the order
concerning the election, term of of-        concerning the,           Vol. II, 874
fice, duties, &c., of the, Vol. I, 493, 498'Petitions presented by, Vol. I, 371, 496,
SECURITIES FOR DEBTS, &c., Vol.                                    Vol. II, 176, 521, 570
753, 854 SLAVES, Order of Mr. Randall concernSELLMAN, JOHN S., of Anne A.rundel              ing the relative increase or diminnucounty, Vol. I,, 8 81, 90, 219, 250, tion of, Vol. I, 207
294,326, 419, Vol. II,,, 2 570, 641, 705SMITH, SAMUEL P., of Allegany county.
Elective Franchise Report, remarks on       Vol.1.
the,                     Vol. I, 80 90      57, 148, 243, 284, 294, 300. 307, 308,
Legislative Report, remarks on the,             325, 326, 339, 356, 430, 491, 496,
Vol. I, 250, Vol. II, 256                                 506, 507
Amendment to the,             Vol. 1, 294   Vol. 2.
Order concerning the expenses of the            5, 9, 78,172, 186, 223, 248, 249, 252,
Tobacco Inspection,        Vol. I, 326      329, 332, 333, 334, 338, 396, 403,
Petitions presented by, Vol. I, 419, Vol. II, 641  413, 416, 440, 577, 641, 705, 799,
SENATORIAL DISTRICTS.         See Le-                    805, 807, 810, 812, 839, 856, 858
gislative'Department.]                 Allegany County, Report concerning the
SENATORS, State, election of. [See Le-           division of,               Vol. I, 356
gislative Department.]                  Remarks thereon,     Vol. II, 248, 249, 252




39
Attorney General and his Deputies,         Amendments thereto,  Vol. II, 379, 384, 388
amendment to the    Report con-        Elective Franchise  Report, remarks
cerning the office of the,  Vol. II, 9     thereon, Vol. I, 28, 60, 62, 64, 86,
Counties, new, Order providing for the                                     100, 101
appointment of a committee on the      Amendments thereto,           Vol. I, 100
subject of,               Vol. I, 243  Executive Report, remarks on the,
Education, Report from the committee           Vol. I, 465, 466, 478, 479, 480, 481,
on the subject of,        Vol. I, 339               485, 486, 488, Vol. II, 214, 219
Remarks thereon, Vol. I, 339, Vol. II,     Amendments thereto,   Vol. I, 474, 479, 480
805, 807, 810  Judiciary Repcrt, remarks on the,
Elective Franchise Report, remarks on          Vol. II, 513, 538, 565, 577, 792, 793,
the,                     Vol. II, 858                  795, 796, 797, 798, 802, 803
Remarks on resolution terminating de-      Amendments thereto, Vol. II, 505, 513,
bate on the first section of,  Vol. I, 57                              514, 557
Executive Report, remarks on the,          Legislative Report, remarks on the,
Vol. I, 491      Vol. 1, 377, 378, 381,382, 383, 432,
Judiciary Report, remarks on the,              435, 436, 443, Vol. II, 261, 264, 761,
Vol. II, 577, 799                              762, 763, 764
Legislative Report, remarks on the,        Amendments thereto, Vol. I, 381, 437,
Vol. I, 294, 430, Vol. II, 332, 333,                         Vol. II, 761, 762, 766
334, 338   Mitchell, James S., Order relative to
Licenses, remarks on the Report from           the case of,             Vol. II. 201'the select committee on,  Vol. II, 856  Report from the Select Committee apOrder to print the various plans relating      pointed on the case of,  Vol. II, 521
to the Representation Question,        Remarks thereon,              Vol. II, 521
Vol. I, 496  Officers, State, remarks on Mr. Dorsey's
Petitions presented by,       Vol. I, 308      proposition requiring those whose
Public Works, renarks on the Report            annual compensation exceeds the
creating a Board of, Vol. II, 396,         sum of 43,000 to refund the excess
403, 413, 440      into the Treasury,       Vol. II, 814
Reporting of the Convention, remarks       Registry Law, remarks on the,  Vol. I, 65
on the,          Vol. 1I, 419, 420, 424  Representation Question, remarks on
Representation Question, remarks on            the,  Vol. I, 106, 442, Vol. II, 163, 172
the,           Vol. I, 284,. Vol. II, 78  Amendments to the,     Vol. II, 163, 171
Amendments to the Report on the, Vol.      Rules, notice of motion to amend the.23d,
11, 172, 186                                 Vol. I, 57
SOLLERS, A. R., of Calvert county.           Remarks thereon,            Vol. I, 76, 77
Vol. 1.                                    Motion to appoint a committee to ex28, 45, 46, 57, 60, 62, 64, 65, 76, 77,    amine the,                Vol. I, 290
83, 86, 98, 99, 100, 101, 106, 171,  SPENCER, WILLIAM       A., of Queen
207, 220, 221, 290, 291, 293, 377,         Anne's county.
378, 381, 382, 383, 432, 435, 436,     Vol. 1.
437, 142, 443, 460, 465, 466,'474,        41, 46, 51, 52, 56, 62, 74, 75, 76, 80,
477, 478, 479, 480, 481, 485, 486, 488  84, 87, 88, 90, 91 92, 97, 98, 99,
Vol. 2.                                        100, 101, 107, 109, 111, 112, 115,
144, 148, 152, 153, 163, 166, 171,         116, 118, 119, 120, 122, 126, 130,
172, 174, 201, 214, 219, 223, 242,         133, 134, 137, 138, 139, 150, 157,
261, 264, 359, 360, 361, 362, 363,         158, 163, 174, 175, 180, 186, 193,
372, 373, 374, 375, 379, 384, 385,         194, 203, 204, 219, 225, 227, 234,
387, 388, 505, 513, 514, 521, 538,         239, 251, 255, 262, 267, 268, 269,
551, 557, 565, 577, 758, 761, 762,         278, 280, 281, 282, 288, 289, 294,
763, 764, 766, 792, 793, 795, 796,         296, 297, 301, 304, 305, 306, 307,
797, 798, 802, 803 804, 805, 814   311, 312, 313, 316, 320, 321, 329,
Absentees, remarks on the Order rela-          333, 334, 335, 336, 337, 338, 340,
tive to,                   Vol. I, 45      342, 346, 352, 353, 354, 366, 372,
Amendment thereto,             Vol. I, 46      373, 415, 419, 423, 424, 426, 430,
Civil Officers, remarks on the Report          432, 434, 435, 436, 437, 442, 445,
concerning the appointment and             446, 448, 450, 455, 457, 458, 459,
tenure of office of certain,  Vol. II, 837  461, 463, 465, 466, 468, 469, 471,
Constitution, remarks on the Order con-        474, 475, 477, 481, 482, 483, 485,
cerning the printing and circulation                       503, 532, 535, 544, 546
of copies of the amended,  Vol. 11, 804  Vol. 2,
Substitute therefor,         Vol. Il, 805      6, 7, 10, 11, 13, 15, 18, 36, 52, 54,
Constitution, Report from the committee        77, 99, 131, 150, 169, 174, 177, 180,
on future amendments and revisions         182, 187, 195, 199, 200, 204, 241,
of the,                  Vol. II, 223      292, 371, 375, 379, 380, 383, 445,
Remarks thereon, Vol. II, 360, 361, 362,       446, 448, 452, 457, 466, 485, 486,
363, 372, 373, 374, 375, 384, 385  487, 499, 500, 501, 507, 511, 512,




40
513, 521', 522, 531, 538, 540', 541,  Executive Report, remarks on the, Vol. I,
542, 548, 549, 550, 551, 554, 557,        457, 458, 459, 461, 463, 465, 466,
558, 563, 568, 570, 572, 576, 579,'468, 469, 471, 474, 475, 477, 482,
580, 581, 582, 586, 587, 588, 591,                         485, 503, Vol. II, 204
592, 595, 598, 604, 605, 606, 607,    Amendments thereto, Vol. I, 461, 465,
608, 609, 612, 614, 615, 616, 618,                                  Vol. II, 214
619, 622, 623, 624, 625, 626, 631,    Judiciary Report, remarks on the, Vol. I,
632, 637, 641, 649, 654, 655, 657,        199, VoL II, 466, 485, 487, 499, 500,
697, 701, 705,'706, 710, 711, 720,       507, 511, 512, 513, 522, 531, 538,
724, 728, 729, 730, 731, 733, 734,        540, 541, 542, 554, 557, 558, 563,
735, 738, 742, 747, 754, 763,. 764,       568, 570, 572, 576, 579, 580, 581,
765, 766, 767, 801, 803, 804, 808,        586, 587, 591, 592, 598, 604, 609,
812, 815, 816, 818, 823, 833; 836,        612, 614, 615, 618, 619, 625, 631,
037, 845, 846, 849, 852, 853, 860,        632, 637, 641, 649; 654, 655, 657,
861, 862, 863, 864, 867, 868, 869,        701, 728, 729, 730, 731, 734, 735,
870, 872, 873, 875, 876, 877, 879,                                    801, 849
881, 883, 885, 886  Amendments to the Report, Vol. II, 486,
Attorney General and his Deputies, re-        487,501, 549, 558, 579, 580, 582,
marks on the Report on the office          591, 592, 598, 604, 608, 614, 615,
of the, Vol. 1, 532, 535, 544, 546,        616, 622, 625 626, 637 654, 657
Vol. II, 6, 7, 10, 11, 13, 15, 292, 548          728, 734, 738, 742, 747, 816
Amendment to the Report,      Vol. II, 11  Mitchell, James S., remarks relative to
Banks, remarks on the motion to suspend       the case of,          Vol. II, 241, 551
the Rule to re-consider the vote on    Amendment to the Report in the case of,
the amendment to the Legislative                                    Vol. 11, 551
Report, concerning the individual      Legislative Report, remarks on the,
liability of Directors and Stockhold-            251,255,62, 269, 27  280,
ers of,                  Vol. II, 870      282, 289, 294, 295, 301, 305, 306,
Civil Officers, remarks on the Report         307, 311, 312, 313, 316, 320, 321,
concerning the  appointment arid           333, 334, 336, 337, 340, 342, 346,
tenure of office of certain, Vol. II,352, 353 354, 366, 415, 419, 423,'845, 846      424, 426, 432, 434, 436, 442, 445,
Constitution, remarks on the Report con-       446, 448, Vol. II, 606. 607,. 608,
cerning future amendments to the,                        763, 764, 766, 767, 852
Vol. II, 371, 375, 379, 383  Amendments to the, Vol. I, 251, 267, 268,
Constitution, remarks on the Order con-       269, 280, 281, 282, 294, 296, 312,
cerning the printing and circulation320 335, 337, 338, 340,435, 436,
of copies'of the amended,  o.    04                 37, 442, 445, Vol. II, 766, 767
Amendment thereto,           Vol. II, 804  Per dien of the Members and Officers of
Constitution, Orders respecting the pub-      the Convention,           Vol. II, 877
lication and distribution  of the      Printer to the Convention, remarks on
amended,.   Vol. II, 875, 877     the Report concerning the payment
remarks on the respecte   o additional sums to the,  Vol. II, 550
Constitution, remarks on the respective                 resolution  roviding for
COnstitution,  theengroPrintinig, &c., resolution providing for
Orders concernin g the engrossed
Orders concerng the enrossedthe appointment of Messrs. Randall
copy of the amended, Vol. II, 879, 
881,f e,  V  885, 886  and Ware to settle up accounts in
s si, 885, 886   place of the existing committee on
Constitution, motion to re-commit the         p      of te eisi
engrossed copy of the amended          Public   orks, remarks onthe 
Vol. II, 833     creating a Board of, Vol. II,445,
Debates of the Convention, remarks con-                                    448, 457
cerning the reports of, Vol. II, 868,  Representation Question, remarks on
869, 872, 873     the, Vol. I, 107, 111, 116, 119, 120,
Remarks-on the Order concerning the            133, 134, 372, 442, Vol. I1,18, 36,
bound copies of the Register of,           77, 169, 174, 195, 200, 548, 711, 720,
Vol. II, 742                                  724, 818
Education, remarks on the Report on the    Amendment to the Report on the, Vol. Hl, 174
subject of,               Vol. II, 808  Motions to re-commit Mr. Merrick's ReElective Franchise Report, remarks on         port on the,           Vol. I, 109, 119
the, Vol. I, 41, 51, 52, 62, 74, 80, 84,  Rights, Bill of, remarks on the, Vol. I,
87, 88, 90, 92, 97, 100, Vol. II, 862  163, 174, 175, 180, 186, 193, 194,
Amendments thereto, Vol. 1, 51, 52, 87,                            203, 204, 225, 234
91, 92, 97, 99,100, 101, Vol. It, 860,  Amendments thereto,      Vol. 1, 193, 194
861, 864   Rules, remarks on, amending the 23d,Vol. I, 76
Remarks on the resolution to close de-     Treasury Department, remarks on the
bate on the first section of the, Vol. I, 56  Report on the,        Vol. II, 815
7Evening Sessions', remarks on the Order  SPRIGG, SAMUEL, of Prince George's
concerning,          Vol. II, 177, 641     county.




41
Vol. 1.                                     Order. concerning the absence of Mr.
113, 263, 266, 293, 300, 303, 306,          Sappington,              Vol. II, 741
308, 309, 319, 336, 338, 452  Representation Question, amendment to
Vol. 2.                                         the Report on the,        Vol. I1, 145
107, 214, 248, 330, 336, 366, 596,      Resolution for the final adjournment of
636, 818, 865      the Convention,            Vol. II, 583
Executive Department, substitute forithe    Resolution of thanks to Mr. Blakistone,
Report of the Committee on the,             President pro tern. of the Convention,
Vol. I, 452                                Vol. II, 871
Amendment to the Report of the Corm-      STEWART, DAVID; of Baltimore city.
mittee,                   Vol. II, 214  Vol. 1.
Legislative Report, remarks on the,             104, 130, 131, 138 177, 186, 191,
Vol. I, 303, 336, Vol. II, 330, 336                  300,1322, 355, 480, 486
Amendments thereto, Vol. I, 263, 303,       Vol. 2.
306, 308, 309, 336, 338, Vol. II, 330,, 49,0, 165 237, 243
Order for compensation to certain offi-           245                  637, 638
245, 521, 550, 611, 630, 637, 638,
cers of the Convention for extra
services, ohConventlon for    II 865        639, 649, 650, 651, 653, 654; 657;
services,                 vol. II, 85       65       72   )7   741 75I, 78653'
Representation Question, remarks on the,        65,, 72, 33 7415, 53
Vol. I 107.   754, 783, 816, 838, 849,.854, 857,
861, 863, 876, 877
STATE OF MARYLAND, Propositions               Elective Franchise Report, remarks on
to district the, Vol. II, 707, 708, 709,    the,                      Vol. II, 857
710, 711, 713, 718, 722, 724, 725,      Amendment to the,    Vol. II, 857, 861, 863
726, 818, 819, 820, 821,'.822, 823  Executive Report, remarks on the,.
STATE, Counsel for the. [See AttorneyVol. I, 480
General,]                               Explanation concerning the action of
STATE, Map of the. [See Map.]                     the committee on Printing, in relaSTATE, Means for the defence of.  [See            tion to the extra copies of the JourTitle, Legislative Department, item,        nal                   Vol..I, 130, 131
Credit of the State.]                   Judiciary Repbrt, remarks on the,
STATE, Secretary of, propositions con-            Vol. II, 630, 638, 639, 649, 651, 658,
cerning the term of office, salary,                              727, 752 753, 754
duties of the,  &c., Vol. I, 493, 494, 498  Amendments thereto, Vol. 11, 630, 637,
STEPHENSON, W.B., ofHarfordcounty.                   650, 653, 654, 657, 658, 733, 752, 754.
Vol. 1.                                    Legislative Report, remarks on the,
57, 82, 149, 216, 217, 305, 311, 319,                                  Vol. I, 322
329, 387, 410  Order to pay the Printers and Reporters
Vol. 2.                                                                   Vol. I, 104
145, 172, 176, 177, 179, 180, 187,      Per diem of the President of the Conven236, 269, 329, 3674 379, 512, 550,          tion, remarks on the Order con552, 583, 588, 641, 700, 727, 731,          cerning the,              Vol. 1I, 838
736, 738, 740, 741, 742, 749, 751,.Petitions presented by,.  Vol. II, 741, 8.16
762, 766, 769, 783, 814, 841, 867,      Printer to the Convention, Report from
871, 874       the committee on Printing, with orConstitution, amendment to the Report           der to pay additional sums to the,
concerning future changes of the,                                    Vol. II, 550
Vol. II, 379   Remarks thereon,             Vol. II, 550
Elective Franchise Report, amendment        Reporting of the Convention, remarks
to the,                     Vol. I, 79      on the Report of the Committee on'Evening Sessions, Order concerning,            Printing concerning the, Vol. 11,
Vol. II, 329                           243, 245,417, 424
Judiciary Report, remarks on the,           Remarks on the Order of Mr. Howard
Vol. II, 512, 749     authorizing'the President of the
Amendments to the, Vol, II, 512, 552,           Convention to draw for sums due
700, 731, 736 738, 740, 749, 751'   for the printing,         Vol. II, 876
Legislative Report, remarks on the,       STEWART, THOMAS R., of Caroline
Vol. 1, 387, Vol. 11, 762     county.
Amendments to the, Vol.., 305, 311,        Vol. 1.
387, Vol: II, 762, 766    55, 57, 63, 78, 101,'103, 108, 151,
Militia, amendment to the Report on the,        152, 154, 305, 306, 307, 308, 309,
Vol. II, 814      311, 312, 313, 314, 316, 317, 320,
Order concerning the limitation of Char-.               329, 374, 375, 381, 384, 400, 401
ters to Corporations, and altering      Vol. 2.
or revoking the same,       Vol. I, 82      34, 40, 79, 288, 290, 335, 337, 484,
Order concerning the hour of meeting of                     518,-751, 805,814, 882, 884
the Convention,        Vol. I, 149, 158  Adjournment, remarks on,     Vol. II, 882




42
Constitution, remarks on the Order con-     Reporter, (official) motion to re-consider
cerning the engrossed copy of the           the vote of the Convention on the
amended,                 Vol. II, 884       Report-and Resolution of the comConstitution, substitute Order concern-         mittee on Printing in favor of the,
ingthe printing and circulation of                                    Vol. II, 415
copies of the amended,   Vol. II, 805   Remarks thereon,              Vol. II, 417
Elective Franchise Report, remarks on       Rules, amendment to the,     Vol. II, 620
the,                   Vol. I, 63, 101 THANKS OF THE CONVENTION, toAmendment to the,             Vol. I, 101   The President thereof,       Vol. II, 856
Remarks on the resolution to close de-      Mr. Buchanan, President pro ter.,
bate'on the first section ofthe, Vol. I, 57                           Vol. II, 871
Evening Sessions of the Convention, re-     Mr. Blakistone, President pro ter.,
marks on the resolution concerning,                                  Vol. II, 871
Vol. 1, 78   Messrs. Ricaud, Tuck, Biser, Brown,
Judiciary Report, remarks on the,               Weems, and Morgan, Presidents pro
Vol. II, 751      tern.,                    Vol. II, 872
Legislative Report, remarks on the,       THOMAS, FRANCIS, of Frederick
Vol. I, 305, 306 307, 312, 313, 314,        county.
316, 317, 320, 381, 384, 400, 401,          1
Vol. II, 288, 290, 335, 337  82, 83, 98, 105, 109, 110, 111, 1j4,
Amendments to the, Vol. I, 305, 308,            115 127, 128, 129, 200, 204, 205,
309, 311, 312, 381, 400, 401, Vol. II, 290  206, 219, 220, 229, 234, 237, 257,
Officers, State, amendment to Mr. Dor-          259, 2.67, 268, 269, 286, 288, 295,
sey's proposition concerning those          296, 297, 299, 300, 301, 302, 303,
whose salaries exceed $3,000, Vol.II, 814   305, 30, 314, 317, 319, 321, 323,
Order concerning the absence of Mr.             326, 328, 329, 330, 331, 346, 348,
Carter,                   Vol. II, 484      351, 35 37, 358, 360, 362, 373,
Reporting of the Convention, remarks            374, 385, 387, 389, 395, 396, 397
concerning the,           Vol. II 421       399, 419, 420, 424, 425, 426, 429,
430, 437, 449, 459, 460; 505
Representation Question, remarks on         Vol. 2.
the, Vol. I, 108, 374, Vol. II, 34, 40, 79  132 143 148 152 172 178 180
Motion to re-commit Mr. Merrick's Re-              12, 13 18     1    2
181, 182, 183, 187, 197, 200, 211,? port,                   Vol- I, 1 09.  -  2151, 216, 217, 218, 220, 226, 237,
Rights, Billof, iemarks on' the, Vol. I,        240, 246, 247 248, 249, 251, 253,
O  RA.  151, 152, 154  254, 255, 256, 275, 279, 281, 282,
SUPERVISORS OFROADS. [See Roads.                  291, 360, 366, 367, 381, 388, 389,
SUPERIOR COURTS. [See Judziciary.]                392, 393, 394, 395, 396, 425, 442,
443, 445, 446, 449, 450, 453, 454,
T                             455, 456, 484, 485, 521, 525, 537,
541, 542, 572, 578, 580, 581, 583,
TAXATION, provisions concerning, Vol. I, 138      589; 593, 598, 599, 601, 614, 655,
Of property within the State, Vol. I,           657, 660, 661, 662, 698, 699, 705,
187, 226, 230, 234, 235     706, 707, 708, 710, 718, 719, 722,
TAXES, poll,                     Vol   187        724, 725, 726, 731,. 812, 819, 820,
TESTS, (religious) propositions concern-          835, 846, 849, 850, 851, 852, 853,
ing, Vol. I; 206, 208, 210, 214, 215,                855, 856, 866 869, 870, 873, 875
216, 218   Allegany County, remarks on the ReTHAWLEY, JOHN, of Caroline county.                port concerning the division of,
Vol. 1.                                                      Vol. II, 249, 251, 253, 254
126, 130, 402, 410  Amendment thereto,            Vol. II, 253
Vol. 2.                                     Civil Officers, remarks on the Report
245, 415, 416, 618, 620, 621, 643,          concerning the appointment and
737, 768, 803, 861, 864, 865, 867,          tenure of certain,        Vol. II, 846
868, 869   Constitution, remarks on the motion to
Debates of the Convention, remarks con-         re-consider the vote on the Article
cerning the Reports of the, Vol. II, 869    prescribing the mode of altering
the,                      Vol. 11, 850
Convention, substitute for the Order of
Convention, substituxte for the Order of    Constitution, remarks on the Report conMr. Bowie for compensation for ex-re                       a   s o the
cerning future changes of the,
tra services, to certain officers ofVol. Ic, 360, 366, 367, 388
the,                     Vol. 11, 868   Debates of the Convention, remarks conJudiciary Report, amendment to the,             cering the reports of the,  Vol. I  873
Vol. II, 737  Evening Sessions, remarks on the Order
Legislative Report, amendments to the,          relative to,              Vol. 11, 178
Vol. I, 402, 410  Executive Report, remarks on the,
Order relative to extra copies of the           Vol. I, 457, 459, 460, Vol. II, 211,
Journal,              Vol. I, 126, 130                  215, 216, 217, 218, 226, 237




43
Amendments thereto, Vol. I, 460, 505,     TREASURY DEPARTMENT - Report
Vol. II, 215, 226     by Mr. McLane on the,      Vol. I, 166
Explanation, personal,        Vol. I, 299   Debate thereon,      Vol. II, 815, 817, 828
Judiciary Report, remarks on the,           Amendments thereto, Vol. II, 782, 815,
Vol. II, 200, 485,525, 537, 541, 542,                 817, 828, 833, 834, 835, 836
572, 578, 580, 583, 589, 598, 599,    TREASURER      OF THE.STATE      OF
601, 655, 657, 660, 661, 662, 731   MARYLAND - Communications
Amendments thereto, Vol. II, 537, 573,          from,             Vol. I, 33, 166, 332
578, 580, 660, 661, 662, 698  Provision concerning the inspection of
Legislative Report, remarks on the,             the accounts of the,       Vol. I, 484
Vol. I, 257, 259, 288. 295, 301, 302,   Requested to furnish copies of his Annu305, 314, 317, 319, 321, 323, 329,          al Report,                 Vol. I, 126
330, 331, 346, 348, 351, 352, 357,    TRIAL BY JURY, Vol. II, 766, 767, 768.
358, 360, 362, 385, 387, 389, 396,    TUCK, WM. H., of Prince George's Co.
397, 419, 420, 425, 426, 437, 449,     Vol. 1.
456, Vol. II, 255, 256, 275, 279,           65, 68, 69, 83, 89, 98, 100, 101, 104
281, 282, 484, 851, 852, 853    105, 107, 109, 110, 114, 115, 122, 126
Amendments to the, Vol. I, 297, 301,           139,140, 149, 159,164, 207, 213, 225
303, 387, 396, 397, 399    230, 232, 233, 275, 328, 329, 332, 336
Map of the State, remarks relative to,          338, 369, 480, 481, 484, 489, 495, 497, 526
Vol. I, 82, 83  Vol. 2.
Order directing the lithographing of thle,      21, 52, 57, 146, 147, 149, 153, 162
rderVol. Irecn, 180  170, 172, 173, 178, 186, 197, 198, 200
Remarks thereon. Vol. II,180, 181, 182, 183     205, 245, 248,251, 257, 258, 260, 377
Order respecting the application to the382, 383, 384, 404, 452 453, 457 459
Elective Franchise Report, of the486,500,501,502,504 509,512,519
general order limiting debate,              520, 574, 601, 707, 708, 724, 725, 742
Vol. II. 855, 856     751, 759, 780, 781, 783, 784, 788, 789
792, 798, 800, 801, 816, 820, 835, 836
Order (Substitute) concerning the sig-38, 839 8418 842, 8           846, 869 872
nature and publication of the amend873, 877, 879, 888, 889
ed constitution,           Vol. II, 866                      873, 877, 879, 888, 889
ed consitution,           Vol. t II, 866  Allegany County, remarks on the Report
Public Works, remarks on the Report          relative to the division of,  Vol. II, 251
creating a Board of, Vol. I,,  389,    Civil Officers, Report from the Commit392, 393, 394, 395, 396, 442, 4543,     tee respecting the appointment and
Amendments thereto,  453, 54 455, 456    tenure of office of certain, Vol. II,
Amendments thereto, Vol. II, 220, 396,                                       486, 836
425, 446, 449,  425, 446, 449 Remarks thereon, Vol. II, 836, 842, 844, 846
epresentation  uestion, remarks on    Amendments thereto, Vol. II, 836, 839
the, Vol. I, 110, 111, 115, 127, 128,                                841, 842, 844
129, 286. 374, 429, Vol. II, 132, 143,  Committee Clerks, remarks concerning
705, 706, 707, 708, 710, 719, 722,          the discharge of,          Vol. I, 497
79                     the discharge of,          Vol. I, 497
72, 725, 726. 819  Constitution, remarks concerning future
Amendments to the Report on the, Vol.           changes of the, Vol. II, 377, 382, 383, 384
II, 197, 707, 708, 718, 719, 725  Constitution, remarks on the respective
Motion to.strike out instructions, Vol. I, 110  orders concerning the, engrossed
Revision, remarks on the order concern-         copy of the amended,  Vol. II, 879, 888
ing committee of, Vol. II, 246, 247, 248  Debates, amendment to the Order conRights, Bill of-remarks on the, Vol. I,         cerning the bound copies of the Re200, 204, 205, 206, 219, 229, 234, 237  gister of,                Vol. II, 742
Amendment thereto.            Vol. I, 205   Elective Franchise Report, remarks on
Rule-notice of amendment to the 21st,          the,               Vol. I, 68, 69, 83, 89
Vol. I, 268  Evening Sessions, remarks on the Order
Motion of,                     Vol. I, 269      relating to,              Vol. II, 178
TOBACCO, Communication from the State         Executive Report, remarks on the,
Treasurer concerning the expenses           Vol. I, 480, 481, 484, 489, 526, Vol. II, 205
of the inspection of,      Vol. I, 332  Amendment to the,              Vol. I, 484
Order of Mr. Sellman concerning the         Indexes, resolution concerning, Vol. I,
expenses of the inspection of, Vol. I, 326                               114, 126
Petition concerning the free inspection     Judiciary Report, remarks on the,
of,                        Vol. I, 158      Vol. II, 501, 502, 504, 509, 519, 520,
Warehouses in Baltimore City-propo-                     574, 601, 751, 792, 798, 800, 801
sitions concerning the sale of, Vol. II, 848  Amendment to the,       Vol. II, 801
TOLLS, (for freight or passengers)-Pro-       Legislative Report, remarks on the,m
positions concerning the rate of,           Vol. I, 275, 328, 336, 369, Vol. I1,
Vol. II, 201, 850                                  257, 759
TRANSPORTATION COMPANIES.                     Amendments to the, Vol. I, 328, 338,
[See Tolls.]                           Vol. II, 257, 258




44
Order to close the Journal of Accounts,;    Report by Mr. Dorsey, creating a new
Vol. II, 784      County out of parts of Frederick
Order relating to Committee of Revis-           and,                      Vol. II, 521
ion,                      Vol. II, 245 WATERS,,WASHINGTON; of MontRemarks thereon,              Vol. II, 248      gomery County,            Vol. II, 828
Order for adjournment,        Vol. 1I, 869 WEBER, WILLIAM, of Allegany County,
Public Works, remarks on the Report         Vol. 1.
creating a Board of, Vol. II, 404, 452, 453  46, 55, 56, 69, 76, 104, 115, 126, 130
Amendment thereto,        Vol. II, 45 457               189, 264, 396, 400, 410, 457, 465
Representation' Question, remarks on        Vol. 2.
the, Vol. I 107, 115, 122, Vol. II,         18, 54, 68, 113, 131, 416, 577, 736,
21, 57, 147, 153, 162, 173, 197, 198,                            742, 804, 856, 875
707, 708    Constitution, remarks on the order conAmendments to the Report on the,                cerning the printing and cireulation
Vol. II, 147, 162, 186, 198   of copies of the amended,  Vol. II, 804
Instructions to the Committee on the,       Debates, remarks on the order concernVol. I, 116      ing the bound copies of the RegisRecess of the Convention, resolution           ter of.                    Vol. II, 742
concerning a,             Vol. II, 783  Elective Franchise Report, amendment
Remarks thereon,              Vol. II, 783     to the,                      Vol. I, 69
REVISORY COMMITTEE, Reports from              Remarks on the resolution to close dethe, Vol. II, 873, 877, 879, 889 —[the   -bate on the first section of the, Vol. I, 55
final report of the engrossed, amehnd-  Executive Report, remarks on the, Vol. I, 465
ed Constitution.]                       Judiciary Report, remarks on the, Vol. II.
Rights, Bill of,.:remarks on the, Vol. I,                                    577, 736
164, 213, 225, 230, 232, 233, Vol. II, 781  Legislative Report, remarks on the, Vol, I, 264
Amendments to the, Vol. I, 225, Vol. II, 788  Licenses, report from the minority of the
TREASURY DEPARTMENT, Remarks                      committee on the subject of, Vol. II, 856
on the Report concerning the,Remarks thereon,                         Vol. I, 856
Vol. II, 816, 835  Order concerning the absence of Mr.
Sherwood, of Talbot county, Vol. 1I, 131
Petitions presented by,        Vol. 1, 457
Reporter (official,) remarks on the motion to reconsider the vote of the
VOLUNTEERS, Maryland-Memorial of                  ton torecon      the vote of the
the Officers of the First Light Divis-Conventio         the resolution i     fa
~~~ion of,~ Vol IT     27        vor of the,               Vol. II, 416
VOTE, Disqua ions to, Vol., 87  Representation Question, remiarkg on the,
VOTE, Di-squalifications to,. Vol. I, 381,
383,384. [See also, Franchise.]       WEo.., r,, 1T
VOTES, Illeg e al so, Franchise.]     WEEMS, GEO. W., of Calvdrt county.
VOTES, Illegal. [See Franchise.]              Vol. 1.
VOTERS, Qualifications of. [See Franclhise.]      25, 82, 83, 86,.201, 207, 217, 333,
Bribes to. [See Franchise.]                     334, 335, 336,; 338, 339, 381, 383,
Registration of. [See Franchise.]                              398, 402, 424, 449, 548
VOTING, Exclusion from-Propositions           Vol. 2.
concerning,,   Vol. I, 381, 383, 384, 386   149, 176, 179, 330, 504, 578, 583
594, 596, 637, 735, 736, 741, 761,
WV                            766, 805, 837, 861, 868, 869, 872, 875
Attorney General and his Deputies, reWARE, ELIAS, JR., of Baltimore city.              marks on the Report on the office of
Vol. 1.                                         the,                       Vol. I, 548
113, 149, 216, 402, 410, 429, 455, 466, 506  Amendment to the Report,  Vol. 1, 548
Vol. 2.                                     Debates, remarks concerning the Re15, 180, 213, 329, 492, 717, 741, 827, 836  ports of,                 Vol. II, 869
Accounts, (Sundry), presented by,           Elective Franchise Report, remarks on
Vol. 11, 741     the,                        Vol. I, 86
Evening Sessions of the Convention, e-      Evening Sessions of the Convention, remarks on the order concerning,              marks on the Order relative to,
Vol. II, 180                                Vol. II, 179
Howard District, remarks on the Report      Hour of meeting, Order as to the, Vol. I, 176
providing for, the erection into a      Judiciary Report, remarks on the, Vol. II, 736
county of,                Vol. I1, 442  Amendment to the,             Vol. II, 736
Petition presented by,        Vol. II, 827'  Legislative Report, remarks on the,
WASHINGTON COUNTY, petitions con-                 Vol. 1, 333, 334, 335, 336, 381, 383,
cerning the formation of a new                                    449, Vol. II, 761
County from parts of Frederick and,     Amendments to the,   Vol. I, 334, 336
Vol. I, 371, 428, 479, 4965 498, Vol.                         339, 402, Vol. II, 330
1, 3, 201, 521, 758.  Map of the State, motion to reconsider
[See Frederick Cousty.]                     Order in relation to the,  Vol. I, 25, 82




45
RIemarks thereon,            Vol. I, 82, 83  Legislative Report, remarks on the,
Rights, Bill of, remarks on the, Vol. I,                                   Vol. I, 400
207, 217   Licenses, remarks on the Report of the
WEIGHERS, GAUGERS,&c.,           Vol. II, 844      SelectCommittee onthesubject f,
WELLS, GEORGE, of Anne Arundel                                              Vol. II, 856
county.                                 Petition presented by,         Vol. I, 516
Vol. 1.                                     Recess, remarks on the Resolution for a
44, 112, 113, 233, 252,.267, 290,          daily,                    Vol. II, 642
296, 301, 310, 312, 410, 429, 442, 479:Rights, Bill of, remarks on the,  Vol. I, 154
Vol. 2.                                   YEA'S AND NAYS.
11, 199, 549, 559, 620, 716, 717,       Vol. 1.
728, 742, 75S, 783, 804, 841, 855
On the amendment of Mr. Chambers,
Absentees, remarks on the Order relating to,                     Vol. I, 44        of Kent,'to Elective Franchise
Report, (inserted, also, by error
Attorney General and his Deputies, re-                ort, (inserted, also by error
marks'on the Report on'the office           at page 26,                      2
of the,                    Vol. II 11       On laying on table resolution of Mr.
Cons  rder con-Brent, of Baltimore city, relative'Constitution, remarks on the Order con-to Absetees, 
cerning the printing and circulation
of copies of the amended,  Vol. II,.804      On Mr Ridgely's amendment thereConvention, remarks concerning the ex-             to,
penses of the,             Vol. 11, 758     On Mr. Phelps' amendment to ElecCorporations, report, (verbal), from the          tive Franchise,               36, 40
Committee on,         Vol. II, 716, 717      On Mr. Kilgour's amendment,       41
Debates, amendment to the order con-             On the motion to re-consider the
cerning the bound copies ththe Re-             vote on the Order of Mr. Brent
gister of,                 Vol. II, 742        of Baltimore city, in relation to
Legislative report,;remarks on the,                Absentees,                      43
Vol. I, 252, 310, 312, 410    On laying said Order and amend-,Amendments to the, Vol. I, 267, 301, 310, 312     ments on the table,              59
Order concerning the pay of Benjamin             On laying on table Order as to hour
Hopkins,                   Vol. II,620         of meeting,                      66
Reports and Resolutions from the Com-           On Mr Phelps' amendment to Elecmittee on Accounts, in favor of the           tie Francise,                    73
payment of certain accountstherein          On Mr.Dorsey's amendment to
mentioned,            Vol. II, 717, 841       Elective Franchise               75
On amending F3dcRule,              75
Report from the same Committee asking           O      n amending 23d Ru e,        77
for instructions in relation to certainOn lay          on tale Oder of Mr
accounts,                 Vol. II; 841        Brent, of Baltimore.city, concern-.
r   in favor.   of the      ing Rules, and prohibiting the
Report and resolution in favor of the             Convention resolving itself into
* Librarian,               Vol. 1I 841         Committee. of the Whole,        105
Rights, Bill of, remarks on the,. Vol. 1, 233   O   postponing the consideration of
Statement concerning the cause of the              Mr. Merrick's Report on the Repabsence of Judge LDorsey,  Vol. II 549        resentation Question,           109
WELST, TIJO.NMAS J., of Baltimore                resentation Question,'i09
WELSH, THOMAS        J., of Baltimore             On referring said Report,         110
County,            Vol. II, 245, 267,608    On re-committing it,              119
Order concerning the absence of Mr.On Mr. Blakistone instructions,                122
Chandler,                  Vol. II, 267      On Mr. Thawley's Order concernOrder relating to persons refusing to do          ing extra copies of the Journal,  131
military duty,            Vol. II, 504      On laying whole subject of RepreWHEELER, HENRY G. [See Reporter                     sentation on the table,         136
official.]                                  On Mr. Hicks' amendment to Bill
WILLIAMS, WILLIAM, of Somerset                      of Rights, concerning the right of
County,. Vol. I, 43, 113,.126, 506,            secession,                     156
Vol. II 242, 717      On Mr. Dorsey's amendment as to
Resolution requesting the State Trea-             mode of changing government,    186
surer to furnish copies of his Annu-        On Mr. Presstman's amendment,     186
al Report,                 Vol. I, 126      On. Mr. -Kilgour's amendment reWISCONSIN, Communication from      the              specting poll-taxes,            187
Superintendent of Public instruc-           On Mr. Dorsey's amendment contion in the State of,      Vol.,. 177        cerning challenge to Jurors,    191
WOOTERS, JAMES T., Communication                  On Mr. Dirickson's amendment givfrom,                       Vol. I, 88        ing the closing address to cdunsel
WRECK-MASTER,               Vol. II, 839, 840       of accused party,               192
WRIGHT, HENRY E., of Queen Anne's                  On the amendment of Mr. Brent, of
county, Vol. I, 123,396, 397,400,             Baltimore city, as to the law and
516, Vol. II, 636, 642, 769, 856      evidence in criminal trials,    194




46
On Mr. Spencer's amendment con-             On striking out 16th section of the
cerning explanations on points of           Legislative Report,            32
law in criminal trials,         194       On Mr. Gwinn's substitute,        332
On Mr. Hicks' amendment prohibit-           On Mr. Weems' motion to strike
ing members of the Convention               out certain words from 18th secfrom holding office,            205         tion of said Report,            335
On Mr. Jenifer's amendment to the           On Mr. Donaldson's amendment
same effect as to practicing law-           concerning the Public Debt,     355
yers,                           206       On the several branches of Mr.
On the amendment of Mr. Brent, of             George's'amendment on the same
Baltimore city, to the same effect,         subject,                        355
touching Judges, &c.,           206       On the several branches of Mr.
On Mr. Bidgely's amendment as to              Neill's order, giving certain inreligious tests,                214         structions to the committee on
On Mr. Randall's amendment onRepresentation,                              372,373
the same subject,              216        On laying on the table the motion
On Mr. Dorsey's amendment on theto re-consider the vote on the
same subject,                   216        first branch of the said order,  374
On Mr. John Newcomer's motion               On the motion for leave to renew
to strike out 34th article of Bill ofthe motion to re-consider,             375
Rights,                         217 -On said renewed,motion,                375
On Mr. Dashiel's amendment toOn the two branches of Mr. Jacobs'
Preamble of Bill of Rights,     238         amendment concerning the Public
On Mr. Sprigg's amendment touch-Debt &c.,                                 378 379
ing sessions of the Legislature,  266     On striking out 31st section of the
On the amendment of Mr. Brent, ofLegislative Report,                          386
Charles, on the same subject,   267       On the amendment of Mr. Chandler
On Mr. Spencer's amendment on                 concerning the eligibility of Minthe same subject,               267         isters, &c., to seats in the LegisOn Mr. Phelps' amendment on thelature                                         394
same subject,                   267       On re-considering the vote on the
On MTr. Wells' amendment on the               21st section of the Legislative Resame subject,                   268         port,                           395
On Mr. McHenry's amendment onecod b                           h of 
the same subject,               I68
the same subject,               268       On the second branch of the amendOn Mr. Spencer's amendment on                 met as to Levy Courts,          3
the am  subject,  281,282       On the amendment of Mr. Phelps in
the same subject,          281, 282
On Mr. John Newcomer's amend-                 relation to dlellig,            399
ment on the. same subject,     282       On the amendment of Mr. Fitzpatment on thecsame subHject,      28E
On seconding the Previous Question, 289       rick concerning Homestead   xOn second section of the Legislativemptions,                                  401
Report, as amended,             290       On the exemption of certain desigOn motion to re-consider vote strik-           ated amounts,                  402
ing out certain words from  the           On laying the subject-matter of
third section of the LegislativeHomestead               Exemption on the
Report,                         296         table,                 40, 406, 407
On Mr. Spencer's amendment as to            On Mr. Ridgely's amendment on
time of meeting of the Legislature, 296     the same subject,           407, 409
On Mr. Wells' amendment as to               On the amendment of Mr. Dent,     408
sessions of the Legislature,    301       On re-considering Mr. Ridgely's
On Mr. Thomas' amendment on the               amendment,                      419
same subject,                   302       On Mr. Ridgely's amendment,       411
On the first branch of the' amend-          On the article as amended,        411
ment of Mr. Stewart. of Caroline,         Or Mr. McHenry's amendment conconcerning theform in which Bills           cerning the Public Debt,        423
shall be passed,                314       On Mr. Constable's amendment on
On another branch of the same                 the same subject,               424
amendment, as to the form of re-          On Mr. Chambers', of Kent, amendvising or amending laws,        318         ment on the same subject,       424
On laying on the table Mr. Kilgour's         On Mr. Donaldson's amendment on
order for adjournment in honor              the same subject,               424
of Washington's birth-day,.    325        On Mr. Davis' amendment concernOn the adoption of the said order,  326       ing appropriations of money for
On the four several branches of Mr.           Education,                      425
echley's ameidment to Legisla-           On Mr. Merrick's motion to make
five Report, concerning the codi-           the Representation Question the
fication of the laws and the sim-           Special Order,                  429
plification of pleadings,  326, 327       On Mr. Kilgour's do.,             429




47
On Mr. Neill's motion to postpone          On the 21st section of the Executive
orders of the day,             430         Report as amended,             490
On reconsidering the vote on Mr.           On reconsidering the last mentioned
Davis' amendment concerning ap-vote,                                      491
propriations for Education,    433       On Mr. McHenry's amendment conOn adopting the said amendment,  435         cerning the Governor's salary,  492
On Mr. McHenry's amendment con-            On Mr. Jenifer's amendment concerning the Public Debt,       436         cerning the Governor's salary,  493
On the second branch of the amend-         On Mr. Dashiell's substitute for the
ment, as amended,              437         22d section of the Executive ReOn proceeding to the consideration           port,                          494
of the Report on Howard District, 441    On the substitute order of Mr. Brent,
On Mr. Wells' motion to make the             of Baltimore city, in relation to
Representation Question the Spe-           the Clerks and Door-keepers,   495
cial Order,                    442       On the Report of the Select ConOn Mr. Crisfield's amendment to              mittee on the same subject,    496
Legislative Report, in relation to       On laying on the table the motion to
State Credit,                  445         reconsider the vote on the order
On the several branches of Mr.               concerning the discharge of comBlakistone's amendment as to the           mittee Clerks,                 497
same subject,                  446       On the motion to reconsider the said
On the amendment of Mr. Presst-              vote,                          498
man, abolishing imprisonment for         On postponing the. consideration of
debt,                          447         the first section of the Report on
On reconsidering the vote on the first       the Attorney General and his
branch of Mr. Blakistone's amend-Deputies,                                520
ment as to State credit,       448       On reconsidering the vote in relation
On Mr. Dorsey's amendment to the             to the reduction of the number of
Executive Report concerning t              the Committee Clerks,          530
mode of electing the Governor,  455      O On Mr. Dirickson's amendment to
On the Governor's term of ffice,  455        the Report concerning the AttorOn Mr.' Gwinn's amendment con-               ney General and his Deputies,  548
cerning the failure to elect a Gov-        n striking out the first section of
ernor,                         458         said report,                   548
On Mr. Dent's amendment concern-             n Mr. Crisfield's amendment to
ing the election of Governor,  459         proposed substitute for 1st section, 549
On Mr. Grason's amendment con-         Vol. S.
cernling the eligibility of Gover-.OOn the adoption of 1st section of said
nor,                           464         report, as amended,              7
On Mr. Buchanan's amendment con-           On Mr. Dirickson's amendment concerning the eligibility of Gover-cerning the time of electing the
nor,                           46          State's Attorney,               11
On Mr. Spencer's amendment con-            On Mr. Spencer's amendment concerning the eligibility of Gover-          cerning the time of electing the
nor,                           466         State's Attorney,               13
^,...,,,  ~.      ~On postponing consideration of the
On striking out the 6th section of           representation  question,    17,of the
representation question,     17, 19
the Executive Report,          466       On Mr. Schley's amendment to ReOn the second branch of Mr. Dor-             port on Representation,         23
sey's amendment concerning the           On Mr. Fiery's amendment to Repardoning power,               478         port on Representation,         25'On the motion to lay on. the table        On'the 2d section of the report as
Mr. Sappington's order concern-            amnded,                         36
ing the discharge of the door-           On Mr. Chamber's, of Kent, amendkeepers,                       478         ment to 2d section,             36
On the amnendment of Mr. Donald-           On closing debate on the  epresenson, concerning the pardoning              tation question,             79, 80
power,                         482       On laying on the table the order for
On the adoption of 19th section of           that object,                    79
the Executive Report,          483       On reconsidering the vote limiting
On proceeding to consider the 2d             debate on the representation quessection of said report,        483         tion,                          132
On first branch of Mr. Dirickson's         On the several branches of Mr.
amendment concerning the resi-             Phelps' amendment to the 2d sec(ence of the Governor,         486'        tion of Report on Representation, 144-5
On the amendment-of Mr. Chai-              On Mr. Stephenson's amendment to
bers, of Kent, concerning the              the 2d section of Report on Re-Governor's salary,            489         presentation,                  145




48
On first branch of Mr, Dorsey's             On agreeing to the report of the
amendment,                     146         committee relative to a division of
On Mr. Tuck's amendment,         147         Allegany county,                254
On adjournments, March 28th,   148-9        On agreeing to Mr. Donaldson's subOn dispensing with proceedings on            stitute for the 3d section of the
a call,                      148-9         Legislative Report,             254
On sustaining the decision of the           On Mr. Donaldson's amendment to
chair,                         149          said 3d section,               256
On seconding previous question,   152       On striking out Mr. Bowie's amendOn reconsidering Vote on Mr. Fiery's          ment concerning Senatorial disamendment to Report on Repre-               tricts,                        291
sentation,                153       On the amendment of Mr. Stewart,
On Mr. Dent's amendment to said               of Caroline, on the same subject, 291
report,                         162       On the amendment of Mr. R. J.
On Mr. Chambers', of Kent, do.    162         Brent, concerning the election of
On Mr. Sollers'           do.     163         U. S. Senators,                291
On Mr. John Newcomer's    do.     163       On laying on the table Mr. StephenOn Mr. Dorsey's           do.     165         son's order concerning evening
On Mr. Hopewell's         do.     166         sessions,                  329, 330
On Mr. Brent's, of Charles, do.   166       On the adoption of the said order,  330
On Mr. Merrick's          do.     168       On reconsidering the vote on Mr.
On Mr. Gwinn's            do.     168         John Newcomer's amendment to
On Mr. Dorsey's           do.    169          23d section of the Legislative ReOn Mr. Fiery's            do.    170          port,                          333
On Mr. Sollers'           do.    173        On Mr. John Newcomer's amendOn Mr. Brown's            do.    174          ment to said section,          334
On laying on the table Mr. Michael          On the 23d section of said report as
Newcomer's order for evening                amended,                       339
sessions,                   176, 180      On Mr. R. J. Brent's amendment
On Mr..Howard's amendment to                 concerning school funds,       347
said order,                     180       On Mr. Blakistone's amendment conOn Mr. Crisfield's amendment to               cerning school funds,           347
Report on Representation,       184       On reconsidering vote on the article
On Mr. Dirickson's    do.    do. 184          creating Howard County,        348:On Mr. Carter's       do.   do. 185        On Mr. McHenry's amendment to
On Mr. Tuck's         do.    do. 186          the Executive, Report, in relation
On Mr. Smith's.       do.    do. 186          to the veto power of the GoverOn Mr. Jenifer's      do.    do. 186          nor,                           355
On adjournment,                   187       On reconsidering the vote on the arOn Mr.'Dorsey's amendment to Re-             ticle of the Legislative Report,
port on Representation,         196         concerning the.' compensation of
On Mr. Jenifer's amendment to Re-             Clerks and Registers,          359
port on Representation,        197        On the substitute of Mr. Robert J.
On the several branches of Mr.                Brent for reports concerning fuThomas' amendment to Report on              ture changes of the Constitution,  365
Representation,                 198       On a motion to adjourn,          366
On Mr. Randall's amendment to Re-           On laying on the table Mr. Ricaud's
port on Representation,        198resolution concerning the sessions
On Mr. Tuck's amendme'nt to' Re-              of the Convention,             367
port on Representatioi,         198       On Mr. Blakistone's amendment to
On seconding the previous question, 199       said order,                    367
On Mr.' Grason's amendment to Re-           On amendment of Mr. Hicks to report on Representation,         199         port concerning future changes in
On Mr. Grason's substitute for 2d             the Constitution,              376
section of the Executive Report,  214     On Mr. Randall's Report concernOn Mr. Sprigg's amendment,        21.4       ing future changes. in the ConstiOn seconding previous question,  239          tution,                        378
On the substitute of Mr. Thomas for         On Mr. Fitzpatrick's Report conihe 5th section of the Executive            cerning.future changes in the ConReport,                        239          stitution,.                    378
On Mr. Dorsey's substitute for the          On the adoption of the said Report, 37.9
5th section of the Executive Re-          On the substitute of Mr. Blackistone,.379
port,                          240        On ordering the previous question,  380
On the 5th section,'as reported,  240      On the substitute of Mr. Sollers for
On the resolution -of the Committee           the amendment of Mr. Donaldon Printing, concerning the re-             son to the Report concerning fuporting of the Convention,     245          ture changes of the Constitution, 380




49
On the amendment of Mr. Randall            On   re-considering  Mr. Brown's
to said Report,                384         amendment to the Judiciary ReOn the amendment of Mr. Hicks,   388         port,                          558
On considering the Report of Com-          On the fifth section of the said Remittee No. 14, concerning a Board          port as amended,               558
of Public Works,               389       On Mr. Jacobs' amendment to the
On the amendment of Mr. Davis to             Judiciary Report,              570
said Report,                   448 
On the amendment to said Report            On postponing the order of the day, 578
as amended,                   O44        On the amendment of Mr. Thomas
as amended,                    449
On the first article of said report          to the Judiciary Repart,       578
as amended                     449
ras amendedjT                 449       On the amedment of Mr. Bowie,    579
On Mr. Bowie's appeal from the de-         On the amendment of Mr. Thomas, 580
cision of the Chair,           449       On the amendment of Mr. McMaster, 581
On the second article of the substi-       On the amendment of Mr. Miller,  581
tute for the Report creating a           On the first branch of Mr. Spencer's
Board of Public Works,         449         amendment,                     581
On the third article of the substitute     On the first branch of Mr. R. J.
for the Report creating a Board            Brent's amendment,             582
of Public Works,               450       On the first branch of Mr. Crisfield's
On the three several articles of said        amendment,                     582
Report,                        450       On Mr. Johnson's amendment,      583
On laying on the table Mr. Schley's        On Mr. Harbine's amendment,      586
motion to re-consider the vote on        On re-considering the vote on the
the adoption of the Report cre-            first branch of Mr. Crisfield's
ating a Board of Public Works,  451        amendment to the said report,  588
On Mr. Jacobs' amendment to said           On the amendment of Mr. Buchanan, 588
Report,                        451       On the amendment of Mr. Crisfield, 589
On laying on the table Mr. Tuck's          On laying on the table the motion to
amendment to said Report,      454         re-consider the vote on the second
On seconding previous question,  459         branch of Mr. Crisfield's amendOn the amendment of Mr. Tuck to              ment,                          592
the Report creating a Board of           On the ninth section of the Judiciary
Public Works,                  459         Report, as amended,            592
On laying on the table Mr. Annan's         On Mr. Shriver's amendment,      593
order closing the general debate         On re-considering the vote on Mr.
on the Judiciary Report,       486         Shriver's amendment,           594
On Mr. R. J. Brent's substitute for        On Mr. Johnson's amendment to the
the said order,                486         said Report,                   594
On Mr. Phelps' amendment to the            On Mr. Grason's amendment,       595
Judiciary Report,              487       On the amendment of Mr. John DenOn Mr. Crisfield's amendment to the          nis,                           595
Judiciary Report,              432       On the amendment of Mr. Brown,   596
On adjournment,                  501       On Mr. Buchanan's resolution conOn Mr. Donaldson's amendment to              cerning the pay of the pages of
the Judiciary Report,          503         the convention,                596
On Mr. Crisfield's amendment to            On suspending proceedings on a call
the Judiciary Report,          505         of the convention,             596
On Mr. Dorsey's amendment to the           On ordering the main question to be
Judiciary Report,              511         taken,                         602
On Mr. Stephenson's amendment to'the Judiciary Report,         512       On the amendment of Mr. Bowie to
the Judiciary Report,          512
On Mr. Hicks' amendment to the               the Judiciary Report           602
Judiciary Report,              512       On the amendment of Mr. Michael
Newcomer,                      602
On Mr. Dorsey's amendment,       512
On Mr. Dirickson's amendment,    513       On the tenth article of the Judiciary
On Mr. Sollers'amendment,        51          Report, as amendmented,        602
On Mr. Hicks' amendment,         536       On re-considering the vote on the
On Mr. Thomas' amendment,        537         adoption of the last mentioned arOn Mr. Gwinn's amendment,        544         tiele,                         603
On the Report from the Committee           On re-considering the vote on the
on Printing, with order to pay ad-         amendment as to the number of
ditional sums to the Printer,  550         judges,                        604
On Mr. Biser's amendment to the            On striking out three judges,    604
Judiciary Report,              554       On the adoption of the tenth section
On Mr. R. J. Brent's amendments,  557        of the said Report,            604
On Mr. Jacobs' amendment,        558       On adjournment,                  605
D




50
On re-considering the vote on Mr.           On the 12th section of the Judiciary
Presstman's amendment to the Leg-           Report as amended,              661
islative Report, abolishing impris-       On adjournment,                   662
onment for debt,                608       On re-considering vote on the 12th
On re-considering the vote on the             section of the Judiciary Report,  699
tenth section of the Judiciary Re-         On Mr. Buchanan's amendment to
port,                           608         said report,                699, 700
On re-considering the vote on the           On Mr. Shriver's amendment,       700
amendment as to the number of             On re-considering the vote on Mr.
judges,                         608          Grason's amendment to the ReOn ordering the previous question,  610       port on Representation,         704
On the substitute amendment of Mr.          On laying on the table the motion of
Chambers, of Kent,              611         Mr. Chambers, of Kent, to considOn the substitute amendment of Mr.            er his amendment to the Report
Bowie,                          613         on Representation,              706
On thle adoption of the tenth section       On considering the said amendment 706
of the said Report,             614       On the motion of Mr. Thomas to reOn taking a recess,               614         fer to a committee the several
On Mr. Spencer's amendment, as                pending propositions on the Rethe eleventh section of the Judici-          presentation Question,         708
ary Report,                     615       On Mr. Jenifer's amendment to the
On Mr. Spencer's amendment as                 Report on Representation,       711
the twelfth section of the Judici-         On the amendment of Mr. Johnson, 711
ary Report,                     615        On adjournment,              712, 713
On Mr. Spencer's amendment as               On re-considering the vote on Mr.
the thirteenth section of the Judi-         Chambers' (of Kent,) amendment
ciary Report,                   616         to the Report on Represention,  712
On Mr. Crisfield's amendment,     616       On the amendment of Mr. Johnson, 722
On Mr. Schley's amendment,        617       On the several branches of Mr.
On Mr. Johnson's amendment,       617         Chambers' (of Kent,) amendment
On adjournment,                   618         as amended,                 723, 724
On Mr. R. J. Brent's substitute             On the amendment of Mr. Thomas, 726
amendment to the Judiciary Re-            On said amendment as an article of
port,                           619         the Constitution,               726
On the amendment as amended,      620       On adjournment,                   726
On laying on the table the motion to        On postponing the consideration of
re-consider the vote on the pro-            Mr. Chambers' (of Kent,) motion
viso of Mr. R. J. Brent to the              to re-consider the vote striking
Legislative  Report concerning              out his amendment to the Report
the School Fund,                621         on Representation,              727
On Mr. Lee's amendment to the JuOn re-considering the vote adoptingMr Lees amendment to the J
Mr. Spencer's amendment, as the             diciary Report, 
On the amendment of Mr. Ridgely, - 729
eleventh section of the Judiciary           n the amendment of  r    d      72
~~Report,!~624             ~On the amendment of Mr. Howard, 730
Report                          624
On agreeing -to the said eleventh   On the amendment of Mr. Harbine, 731
On agreeing to the said eleventh
section,           -            624       On the amendment of Mr. Fitzpat-'cin                     6rick,                                       731
On re-considering the vote on the           On adjournment,                   733
thirteenth section of the Judiciary        On Mr. Spencer's amendment to the
Report,                         626         Judiciary Report,               735
On  Mr. Spencer's amendment                 On Mr. Stephenson's amendment,    736
thereto,                        626       On Mr. Thawley's amendment,       737
On Mr. Howard's amendment,        636       On Mr. John Newcomer's amendOn Mr. Morgan's amendment,        637         ment,                           737
On laying on the table Mr. MiOn laying on the table Mr.On the 21st section as amended,          740
chael Newcomer's order for a
daily recess,.                 642       On adjournment,                   741
daily recess,                   64t                                   c
On amendment to the Order conOn amendment to the said order,   643         cerning the bound copies of the
On re-considering the vote on the             Register of the Debates of the
amendment of Mr. Morgan to                  Convention,                     742
thirteenth section of the Judiciary       On Mr. Dorsey's amendment to the
Report,                        653          Judiciary Report,               743
On the amendment of Mr. Stewart,            On Mr. John Newcomer's amendof Baltimore City,              658         ment,                           745
On Mr. Gwinn's amendment,         659       On Mr. John Newcomer's amendOn Mr. Dashiells' amendment,     660          ment,                           746
On Mr. Harbine's amendment,       661       On Mr. Shriver's amendment,       747




51
On Mr. Bowie's amendment,         749       On re-considering the vote on the
On     do         do              75I         substitute of Mr. Thomas in relaOn Mr. Stephenson's amendment as              tion to the Districting System,  81t
amended,                       752        On the adoption of the said substiOn Mr. Magraw's motion for a re-              tute,                           819
cess,                           753       On the amendment of Mr. Chambers
On reconsidering vote on the l]th             (of Kent.) on the same subject,  820
and I2th sections of the Judiciary        On Mr. Johnson's amendment on
Report,                        753          the same subject,          822, 823
On Mr. Brown's resolution regulat-          On Mr. Bowie's amendment on the
ing debate generally,          758          same subject,                  823
On the amendment of Mr. Lee to              On Mr. Blakistone's amendment to
the Legislative Report,        761          the article concerning. the new
On the amendment of Mr. Stephen-              and old Constitutions,         827
son to said Report,            765        On the fourth clause of the said arOn Mr. Donaldson's amendment,    765         tide,                           827
On the several branches of the              On Mr. Constable's amendment to
amendment of Mr. Sellers,  765, 766         the Report concerning the TreasOn the adoption of the said amend-            ury Department,                833
ment as amended,               766        On Mr. Randall's amendment on
On the second branch of Mr. Spen-             the same subject,              833
cer's amendment,               768        On Mr. Dorsey's amendment on the
On the amendment of Mr. Bowie,   769          same subject,                  834
On laying on the table the Order of         On Mr. Spencer's amendment conMr. Howard concerning the final             cerning the compensation of the
disposition of the business of the          Secretary,                     838
Convention,                    781        On the amendment of Mr. Morgan
On agreeing to the several branches           to the Report of Mr. Tuck, conof the said order,             782          cerning certain Civil Officers,  839
On the amendment to the Order con-          On the Report and resolution in facerning compensation to the Chap-           vor of John W. Rider,          841
lains,                         783        On Mr. Blakistone's amendment to
On the Order of Mr. Jacobs to con-            Mr. Tuck's Report, concerning
sider the Report on Free Colored            certain Civil Officers,        843
Population,                    784        On the fifth section of said Report
On reconsidering the vote on the 33d          as amended,.'                  843
article of the Bill of Rights,  787      On amendment to said Report,,     848
On the amendment of Mr. Chan-              On the amendment of Mr. Tuck,     488
bers, of Kent, to said bill,   788       On the amendment of Mr. Bowie,    849
On reconsidering vote of the Con-          On laying on the table Mr. Spenvention striking out the amend-            cer's motion to re-consider the
ment of Mr. Chambers, of Kent,              vote on the twenty-first section of
to the Report on Representation,  789       Judiciary Report,              850
On suspending the rules,         789        On the motion to re-consider the
On Mr. Bowie's amendment to the               vote on the article prescribing the
Judiciary Report,              801          mode of altering the Constitution, 850
On Mr. Bowie's amendment to the             On Mr. R. J. Brent's amendment to
Judiciary Report,              893         the Legislative Report,         851
On   postponing  indefinitely  Mr.          On Mr. Hicks' amendment on the
Smith's Report on Education,   810          same subject,                  851
On postponing the same to a day             On Mr. Bowie's amendment on the
certain,                       812          same subject,                  853
Onilaying on the table the addition-        On Mr. Johnson's amendment on the
al article offered by Mr. Blaki-            same subject,                  855
stone concerning Education,    812        On the amendment of Mr. Bowie to
On laying on the table the addition-         the~order of Mr. Thomas, respectal article offered by Mr. McHen-           ing the application to the Elective
ry concerning Education,       813          Franchise Report of the general
On the amendment of Mr. R. J.                order limiting debate,         855
Brent,                         813       On adjournment,                  855
On laying on table the said proposi-       On the Report of Mr. Spencer contion of Mr. McHenry, as amended, 813        cerning the Printing and ReportOn the first branch of Mr. Dorsey's          ing,                           861
proposition concerning Officers          On the amendment of Mr. Stewart,
whose pay exceeds $3,000,      815         of Baltimore city, to the Elective
On laying on the table motion to              Franchise Report,              861
take up the Report on the Treas-         On Mr. Spencer's amendment on
ury Department,                815         the same snbject,               861




GENERAL
SKETCHES OF DEBATES,
PREPARED       EXPRESSLY, AS SUCH,
BY ORDER OF THE CONVENTION.
MONDAY, January 13, 1851.              THE ELECTIVE FRANCHiSE.
The Convention met (a quorum being present.)  On motion of Mr. PHELPS, the Convention again
Prayer by the Rev. Mr. GRAUFF.           resolved itself into committee of the whole, Mr.
The Journal of Saturday was read and ap- BLAKISTONE in the chair, and resumed the consiproved.                                    deration of the report of the committee on the
HENRY G. WHEELER, appointed under the Elective Franchise.
order of the Convention, official Reporter of its  The question before the committee being upon
debates (under certain restrictions and limita- the amendment offered by Mr. CHAMBERS, of
tions) appeared and took his seat.         Kent, to insert in the first section, second line,
The Convention resumed the consideirtion of the words " for six months,' in lieu of the words
the unfinished business of Saturday, being the " for thirty days," (which had been previously
motion of Mr. WEEMS, to reconsider the vote of stricken out by the vote of the Convention.)
the Convention upon the order submitted by Mr.  Mr. BlsER called the yeas and nays, which
THOMAS, on the 8th instant, in relation to the were ordered,, and having been taken, were as
preparation of the Map of the State, &c.   follows:
Mr. MORGAN moved to postpone the conside-  Jffirmative.-Messrs. Dent, Lee, Chambers, of
ration of the same until to-morrow.        Kent, Dorsey, Wells, Randall, Kent, Bond, Johnt
Mr. SIHRIVER moved that the consideration of Dennis, Jas. U. Dennis, Crisfield, Dashiel, Wilthe same be postponed until Thursday, 16th inst. liams, Hicks, Hodson, Goldsborough, Phelpa,
Determin'ed in the affirmative.          Sprigg, McCubben, McMaster and Hearn —1.
On motior of Mr. BROWN, it was             JVeg'ative.-Messrs. Chapman, President, Mot
Ordered., That the Secretary of this Convention gan, Blakistone, Hopewell, Ricaud, Dalryinple,
direct such of the committee clerks as he may Sollers, Jenifer, Buchanan, Bell, Welch, Ridg
think proper, to add up the census returns for the ley, Lloyd, Dickinson, Sherwood, of Talbot, Coluse of the Convention.                     ston, Chambers, of Cecil, McCullough, Miller,
On motion of Mr. GWINN, it was           McLane, Bowie, Grason, George, Dirickson,
Ordered, That itbe entered upon the Journal, Shriver, Gaither, Biser, Annan, Sappington,
that Mr. MARRIOTT, a committee clerk to this McHenry, Magraw, Nelson, Thawley, Stewart,
Convention, is detained from this Convention by of Caroline, Hardcastle, Gwinn, Brent; of Baltiindisposition.                             more city, Fiery, Neill, John Newcomer, HarOn motion of Mr. HARBINE, it was         bine, Kilgour, Brewer, Waters, Weber, Hollyday,
Ordered, That it be entered upon the Journal, Slicer, Fitzpatrick, Smith, Park, Shower, Cockey,
that Mr. MICHAEL NEWCOMER, a mermber of this and Brown-53.
Convention, is detained from the Convention by  So the amendment was rejected.
indisposition.                               Mr. CHAMBERS; of Kent, moved to amend the
On motion of Mr. HEARN, it was           said report, as herinafter stated.
Ordered, That it be entered upon the Journal,  Mr. DoRSEYy said that in addition to what had
that Mr. JAcoBS, a member of this Convention, is fallen from him on a former occasion! he would
detained from his seat by indisposition.   now add but a few remarks. Since the adjournMr. NEILL. presented the petition of sundry ment of this Convention on Saturday, he had been
citizens, members of the Menonite Church, ilifimed of a fact, ofwhich he wasbefore ignorant,
praying that the Convention will take into consi- that increased his convictions of the expediency,
deration, the necessity of making provisions in nay, necessity, of filling up the blank in the manner
the Constitution for such societies and such per- proposed. He had learned fiom a gentleman in
sons who are conscientious in bearing arms, whom he reposed confidence, that this corrupting
swearing the oath and serving as Jurors, &c.  vice, of political partizans paying out of their own
Which was read, and on motion of Mr. NEILL, or party funds raised for that purpose, the costs of
referred to committee No. 14.              naturalization papers of foreigners becoming citi



26
zens, was extending itself into the counties o. which prompted them, that he wanted faith in
this State, and was not, as he had heretofore sup- that kind of charity and benevolence, which is
posed it to be, confined to the city of Baltimore. barren of all fruits, is hermetically sealed up
His informant stating that again, again, and again, for eleven-twelfths of the years, and never dishe had seen persons thus in the possession of na- closes itself or is seen or heard of, but upon the
turalization papers, as they are called, standing eve of a warnly contested election. In the purity
at the polls of an election district of the county or sincerity of a benevolence so novel and extraof his residence, awaiting the arrival of the new ordinary, he must confess that he reposed no conmade citizens, who received their certificate of fidence.
naturalization from the person who gave them at  Mr. BUCHANAN said he had been under the
the same time a ticket to vote, which the person impression that this very discursive debate had
giving it, he saw deposited in the ballot-box. terminated on Saturday, and that he had regardThat the day before the last election in this State, ed the able, patriotic, and liberal speech of the
a friend of the informant called upon him and gentleman from Calvert, (Mr SOLLERS) as enshowed him the naturalization papers of a foreign- tirely conclusive on the subject. It seemed;
er, for whichhe had paid' the clerk; and that in however, from the remarks whichl had been
consideration thereof, this new born citizen was, made this morning, that the debate was not yet
by agreement, to meet him the next day at the to be brought to a close, and hence the necespolls, and vote the ticket that was to be given sity of a few observations from him;'(Mr. Brhim, upon the receipt of his papers thus paid for. CHANAN).
My informant then observed to"his friend-"But  His object was to say a lew words to his friend
how do you know that he will not cheat you in from Kent (Mr. CHAMBsRs). The proposition beVoting the ticket given him?" The reply was, fore the Convention was to engraft upon our poli"I am to see the ticket deposited in the ballot- tical system a provision wholly unknown to it
box, and if he does not do so, he shall not-have before-unjust-invidious-opresssive, and in
his papers at all."                        derogation of the spirit of the age. Before any
This, he was credibly informed, and verily such-provision, emanating from so distinguished
believes, was but an ordinary transaction, occur- a quarter, should be incorporated in our Constiring on every election day at the polls of the differ- lation, the Convention was entitled to hear
ent wards in the city of Baltimore. If this Con- some satisfactory reasons for the change  He
vention under such circumstances will do nothing submitted whether his friend from Kent had not
to put a check upon such abuses of the elective failed to make out such a case as ought to besafranchise, such foul corruptions of the ballot-box; tisfactory to the Convention-whether, in faet
then indeed there is no hope of the permanency of he had not expected gentlemen who advocated
-our free political institutions; which can only exist a different system to give their reasons for the
or be preserved whilst the purity of the ballot-box faith that was in them, rather than assign any
is protected against fraud and corruption. In all sufficient reasons for his own. The gentleman
fairness he would state that the particular instance presumed that frauds existed, and on the strength
of misconduct in a county of this State, to which of that presumption, he boldly made the charge
he had alluded, was the act of a whig, not of what of their existence. Now, his friend well knew
in this body has been called progressive demo- that no principle was better settled, than that
cracy, nor had he ever intimated a belief that the where a charge of fraud was made, it was not to
similar conduct, which he had described as pre- rest purely upon presumption,but the gentleman
vailing in the city of Baltimore, was imputable to had given the Convention nothing more than the
one of the political parties only. He had always vaguest suspiciqn of its existence. If frauds did
regarded the odium as justly attributable to both actually exist, and if the mode proposed by the
parties. But as to what I shall say or do in this gentleman from Kent would remedy the evil-, he
Convention, I disclaim all party ties or obliga- (Mr. B.) was quite willing that the gentleman
tions; I belong to no party, my sole object being, should have his own way; but if fraud did not
in the matters now under consideration, to purge actually exist, then the whole basis of the comand protect the ballot-box -from all impurities, plaint was taken away.
and to frame such a Constitution as will give  Upon what did the gentleman rest his charge
equal security and protection to every portion of of fraud? Why, upon the ground that, a short
the State of Maryland, and promote, its tranquil- time before an election came on, when the exity and prosperity for ages yet to come.   citement was great, when the judgments were
He was free to confess that he was not so re- lulled, or their cupidity awakened, frauds were
plete with the milk of human kindness and tole- not only more easily committed, but were in fact
ration, as the distinguished member from Queen committed upon the ballot-box. The argument
Anne, who sees nothing in the acts of those pa- was not valid. Every man having any knowledge
ttonizers of naturalization, which he had endea- of the mode of conducting elections in the State
vored to portray; but instances of the purest and of Maryland, (especially in that part of the State
rmost praiseworthy charity and benevolence, to which the mind of his friend fiom Kent was
Could he view their acts in the light that he does, more particularly directed, that was to say, the
he should be one of the last persons- in the com- City of Baltimore, where the greatest amount, of
munity to complain of them. To ask him to do the foreign population resided,) knew that the
so, was a heavier tax upon his credulity than it is time antecedent to an election, when great exable to bear. He had so long been in the habit citement prevailed, and when corresponding care,of judging.f the actions of mren by the motives and vigilance were exercised, was precisely the




time when such frauds could not be committed. were about to throw their arms around the whole
The excitement itself prevented their.perpetra- press, and say that the Convention were bound to
tion; because there weie so many increased means, believe that these monstrous frauds existed befor its detection. He insisted, therefore, that his cause they were charged, he knew not where it
friends on.the other.,side were mistaken in assert- would lead them. There was then no proof to
ing, that frauds were committed to an enormous show the existence of,these frauds.
extent in the City of Baltimore. What mightbe But his friend from Anne A rundel (Mr. DoRthe case in the counties he did not know-but so sEY,) had adverted to the reports which were
far as Baltimore was concerned, the difficulty was abroad, in Baltimore City, that these frauds were
not to prevent frauds, but to commit them.  committed from time to time, and to an alarming
Mr. BUCHANAN then examined the position extent. Surely no auch hearsay.evidence could
which had been taken, that a suspicion of fraud be depended upon.  Before no tribunal-and
existed because men delayed application for their least of all before such a high tribunal as this
naturalization papers, in the expectation that -was any such testimony to be received. He
other parties would contribute to their payment. challenged his friend from Kent to show the fact
Suppose this to be the case. He, for one would upon which, as a lawyer or as a Judge, he could
plead guilty to the charge, and would hold him- pronounce that fraud did exist.
self responsible for that high offence. Suppose it  But the gentlemen from Atnle Arundel came
to be true, that a man did contribute out of his own to the relief of the gentleman from jKent, and
pocket a portion of the means to enable an indi- said " Oh! it makes no difference, the provision
vidual entitled to naturalization, to procure his only affects a few; it has no retrospective influpapers. Was that wrong? Was it not in accord- ence."  Suppose that a few persons only were
ance with the very spirit of our institutions.? to be affected. Was that any reason for the
Had we Bot invited the people of other lands to adoption of such a provision?'Were the feelings
emulate our career, and take a light from the of a whole class of honest men to be wounded,
lamp of freedom which was burning here? What or were they to be disfranchised because a few
had we done in the case of the Greeks, and the might be guilty of these frauds? If there were
Poles, and, more recently, in the cause of Hun- only a few, it was more facile to discover who
gary? Had we not held out to them the light of they were, and to punish them. But he denied
our example, and told them that they were not that the operation of this provision will be
only entitled to be free-but entitled to the glo- perspective alone, and not retrospective. Even
rious liberty which we ourselves enjoyed? And if it were only perspective it would be a flag.
had we not substantially said to them, come and rant act of injustice on the part of the Conven.cast your lot with us, and we will show you how tion, But it was retrospective also, and Mr. B.
free we are? Suppose then, that a son of Erin proceeded to sustain this position; and express
should make an appeal to him (and he took sed his belief that the system of buying votes
one of that race of men as an illustration, because was carried on to a greater extent upon the Eastin the hour of trial and of dark adversity he had ern Shore than in any other part of the State
ever found them true)-suppose such an indivi- of Maryland. At the same moment he paid a
dual should make an application to him (Mr. B.) passing compliment to the incorruptible integrity
He should examine into the matter and see of the people of Baltimore County, and remarked
whether he was entitled to his naturalization pa- that a man might as well attempt to run away
pers. Suppose he found him to be so-but that he with the Washington Monument, as to approach
was unable without aid to obtain hisnaturalization one of them with a bribe. He took it that that
papers; or, at all events, that for reasons satisfac- county preserved within her own borders purifytory to himself, he should call his (Mr. B.'s) aid, ing influences enough to save the whole State.
and he should grant it. Was this fraud?  Was [Laughter.]
there any thing wrong in it? If the man was  It behooved the Convention, whilst attempting
entitled to his papers, and he (Mr. B.) should to guard against frauds on the part of naturalized
choose, of his own volition, or upon the appeal of citizens, to be careful that it did not break the
the individual himself, to aid him in obtaining good faith of the State with them. The policy of
his papers, was there any thing more in the the country, from its earliest days, had been to
transaction than any good freeman, or any gene- encourage immigration. In the stormy days of
rous mind, might properly and rightfully do?  the Revolution, when France came to our resMr. B. then alluded to the general nature of cue, the policy of the country was, not to repudithe testimony on which these allegations of fraud ate and insult those of her sons who tendered
rested-that of the Newspaper press-as being their services and their lives in our cause, but to
unsatisfactory and insufficient. Disclaiming any lean upon them-to put them in the van of our
charge of corrupt motive, he submitted that news- armies and to entrust them with the charge of
papers did sometimes say very extraordinary our dearest and most sacred rights. He referred
things in regard to the course and characters as- to the services which had been rendered to the
sumed, moral and political. The Convention country, previous to the adoption of the constituitself had in the course of its debates, had some tion, by the foreign population, and cited espeexperience on that point. And, in high party cially the cases of La Fayette, De Kalb, Steuben
ti.mes especially, one newspaper might be got to and Pulaski. In relation to Steuben, so gratified
advocate any one doctrine, and another to advo- was the United States at his emigration to this
cate another-each devoutly believing in the or- country that, as was well known, Congress pas
thodoxy of hi own doctriae. And if gentlemen sed a vote of thanks to him for coming and ofer




28
ing himself as a private soldier in the ranks and political and party tendencies, whaiever they
fighting our battles-and soon afterwards he took may be, or whether his father was a whig or'
command'of the detachment and distinguisheda democrat, was a matter of little import  It
himself throughout the war. Such had been the was not necessary to trace his lineage. But he
policy not only of the Federal Government, but felt called on to resist the assumption' of an
of the Government of the State of Mary'land. authority to compel the junior members of this
The most liberal and enlarged privileges had body to sit still and say nothing. He desired to
been allowed to the freeme'n-of that day; and say that he had uttered not a single sentiment
that policy had been continued until'the adoption which had not emanated from his heart. The
of the constitution of'76. It was true, indeed, gentleman from Kent, the gentleman from Anne
that for a time the policy of the General Govern- Arundel and the gentleman from Queen Anne
ment had been changed, and a restrictive policy had all introduced politics in their speeches, and
substituted. But the latter in its turn had been in a style in comparison of which he had said
repealed, and been followed by' new and most nothing extravagant. He had thought it right
liberal system. It taught the' people of foreign to make this explanation, and to add that while
countries, that our policy was to admit these he had no desire to assail the gentleman from
persons upon more liberal termns than had beenAnne Arundel, be could not consent to sit silent
held out under former laws. It would be bad when he himself was assailed.
faith now toturn our backs upon them, and en-  The question was then stated to be on the
act odious provisions against them, calculated to amendment of Mr. Chambers.
deprive them not only of their rights, but of their  Mr. Biser asked the yeas and nays, which
character.                                 were ordered, and being taken resulted as folMr. B. referred to the services which had lows:
been rendered by the foreign population, and to  Affirmative-Messrs. Dent, Lee, Chambers of
the debt which was due to them-instancing Kent, Dorsey, Wells, Randall, Kent, Bond, John
especially the services rendered by them after Dennis, James U. Dennis, Crisfield, Dashiell,
the destruction of the capitol, in the defence of Williams, Hicks, Hodson, Goldsborough, Phelps,
Baltimore. In all our civic and military strug. Sprigg, ilcCubbin, McMaster and Hearn-21.
gles, these individuals had stood manfully up,.N'eg, tie-Messrs. Chapman, President, Morand now we. were to turn upon them and insult gan, Blakistone, Hopewell, Ricaud, Dalrymple,
them. Not only had they'fought our battles, Sellers, Jenifer, Buchanan, Bell,Welch, Ridgely,
but they had been among the foremost in the Lloyd, Dickinson, Sherwood of Talbot, Colston,
promotion of the charities f' the land. He al- Chambers of Cecil, McCullough, Miller, Mcluded to the school-houses they had built in Bal- Lane, Bowie, Grayson, George, Dirickson,
timore, and especially to an institution in Balti- Shriver, Gaither, Biser, Annan, Sappington,
more county, which had been built by the muni- McHenry, Magraw, Nelson Thawley, Stewart
ficence of an Irishman, and'which was known of Caroline, Hardqasle, Gwinn,'Brent of Baltias "'the Orphans' Home " He also referred to more city, Fiery, Neill, John Newcomer, Harthe late case of the McDonough bequest, in il-bine, Kilgour, Brewer, Waters, Weber, Hollylustration of his point.' And he concluded by day, Slicer,'Fitzpatrick, Smith, Parke, Shower,
expressing the hope that the Convention would Cockey and Brown —53.
not only act up to the vote it had given on Satur-  So the amendment was rejected.
day last, but that it would reject the proposition  Mr. BROWN indicated his intention to offer an
before it, so as to indicate to the people of the amendrent.
State that although they were willing to enter-  The Chair requested that the gentlemen would
tain it as a matter of caution and' respect to reduce it to writing.
those who advocated it, yet'that, as a body,  Mr. CHAMBERS interposed, and desired the opt
the Convention was utterly opposed to its adop- portunity to state what his amendment was.
tion.                                       Mr. BRENT yielded the floor for the purpose.
[Mr. B. spoke about 35 minutes. The above Mr' CnAMBERS then declared his amendment
to be in the following wordsis a mere outline of'his points, but is considera-t be i the follwing words   -
bly longer than the limit prescribed by the con-  "very free white male citizen of the United
tract.                          -          States, of 21 years of age and upwards, who
Mr.' SOLLERS stated that the gentleman fromshall have resided i this State," &c.
Anne Arundel had characterized some remarks  Mr BROWN referred to a case in which the
which he had made on Saturday, as wild, extra-amendment would operate unfairly.'  uppose a
vagant andnot worthy of notice. He felt him- man, living near the county lrie, acquired by
self called ot to reter to the fact this morning  purchase or bequest an estate lying over the line
especialley as'''ee otefc  hs ig, arid in the adjoining county, and transfer his reespecially as
sidence to the newly acquired property, is he
"A chiel's amang us takin' notes."'  eto be compelled to remain six months at his new
Mr. DORSET explained that he did not use the residence before he is permitted to vote in that
phrase imputed to him, "not worthy of notice," couny? Whiie we ought to do all that we can
but that he did not feel himself galled on to no- to prevent persons from coming into a county for
tice the remarks.                         a brief residence, merely for the pupose of voting,
Mr. SOLLERS resumed. That may be true, we ought to be careful not to abridge the rightd
but the gentleman from Anne Arundel stated of honest citizens, whose right to vote is not
that the remarks were extravagant. As to his questioned. The object of the constitution is tQ




29
secure the full enjoyment of the right of suffrage  Mr. MeHENrY said, that the Convention had
to those who are entitled to it, not to throw ob- listened to so long a discussion on this subject,
stacles in its way. A citizen entitled to his vote that he felt no disposition to protract it, especialin one county, ought not to be deprived of his ly as he felt that he could throw no new light
suffrage because he has removed his residence upon it. He explained the object of his amendover an imaginary line.                    ment to be to substitute a residence in the disJudge CHAMBERS stated that it was impossible trict for a residence in the county. He thought
in the most perfect system of legislation so to that it would effectually guard the purity of the
regulate its operation as to prevent the occur- ballot box, by making it impossible for a stranger
rence of cases of individual hardship. In the to palm himself off as a resident. He was as
application of principles it is necessary to keep anxious to promote the purity of the ballot box
in view the interests of communities. It is ow- as any man in the Convention, but at the same
ing to the unavoidable defectiveness of all human time he was indisposed to place unnecessary relegislation, that no rule can be adopted which strictions upon it.
will work with its general equity in every indi-  Mr. DORSEY (interposing.) Does the gentlevidual case. He ih sisted on the necessity of re- man designate any length of time-any number
quiring a residence of six months in a county to of days?
entitle the resident to the right of voting in that  Mr. MCHENRY. I have not done so. I precounty. Without such a provision, what was ferred to leave it to the experience of other memthere to prevent a portion of the voters of one bers of the Convention to specify what a proper
county from passing over the line to give their limit would be.
votes in another county? He did not mean that  Mr. CHAMBERS would be willing, he said, to
we were purer or better now than we have been. vote with all his heart for the proposition of the
Frauds were perpetrated, and their was little gentleman from Harford (Mr. McHENRY,) if he
difficulty in obtaining witnesses to sustain them, (Mr. C.) could persuade himself that there were
and to screen the perpetrators. It should be any thing in the proposed modification of the Reour aim to adopt every mode in our power to port of the Committee, calculated to improve the
preserve the purity of the ballot-box. He re- chances of a pure election. He thought it probquested the gentleman from Harford to with- able that the suggestion made by the gentleman
draw his amendment.                        might in a certain degree effect such a result.
Mr. BROWN said it was admitted that this was a But why not engraft it on the other? If the
question of time; and he put it to the experience gentleman would superadd his proposition as a
of gentlemen, whether the most stringent laws requirement, and the Convention would concur
we could authorize would be sufficent to prevent in it, he (Mr. C.) would gladly go with him. It
the perpetration of frauds. Where you would need not displace any of the other qualifications.
shut out one person from the ballot-box to pre-  Mr. McHENRY said he had already disavowed
vent a fraudulent vote, you would exclude two very distinctly any desire to impose unnecessary
honest voters, who are entitled to the exercise shackles on the exercise of the elective franof their privilege. The gentleman from Kent chise. He referred to the injurious restriction
and himself, differed on every principle connec- which it was the object of his amendment to reted with this question, and at a proper time he move, and contended that it contemplated the
might offer an amendment to reduce the time.  substitution of something useful for that which
Mr. MCHENRY'asked if he had understood the was at present useless-that its adoption would
gentleman from Kent as requesting him to with- prevent frauds and would lead to the detection
draw his amendment.                        of men who held themselves out as denizens
Judge CHAMBERS replied that he had done so when in fact they were strangers.
for the purpose of expediting the business by per-  Mr. M'LANE asked if the gentleman from
mitting a vote to be now taken.            Kenthad any distinct purpose in view in desiring
Mr. MCHENRY said he had no objection, if this change from the phraseology of the old Conthere was a general understanding to that effect. stitution.
Judge DORSEY expressed a desire to make an  Judge CHAMBERS replied that he had none.
amendment.                                   Mr. M'LANE. In that case he would move,
Mr. McHENRtY declined to withdraw    his by way of amendment to the proposition of the
amendment.                                 gentleman from Kent, to adopt the provision on
An indistinct and irregular conversation fol- this subject contained in the old Constitution, totilowed, which was sustained' by a number of dem verbis.
members, as to the phraseology of the amend-  Judge CHAMBERS thought that the language
ment of Mr. CHAMBERS, the result of which was ought to be rendered a little more explicit, or
that-                                      there might be some difficulty in ascertaining
Mr. CHAMBERS read the amendment in the form  what sort of officers would be elected.
in which he desired it to be submitted to the Con-  Mr. M'LANE did not apprehend any difficulty
vention, and offered it as a substitute fpr the as likely to arise on this point by the adoption of
first section of the Report.               the language of the old Constitution. Unless the
The question, therefore, recurred on the Convention should desire for some distinct puramendmentof Mr. MCHENRY (the vote requiring pose a variation of the phraseology from the old
that a motion to perfect a proposition shall have article, he should feel some unwillingness to
precedence over a motion to strike out.)    make a change. He would confess that he felt




30
so much veneration for the old Constitution as propriety of reinstating the words in the original
to be reluctant to lay his hands upon it, although  instrument which a subsequent Convention struck
he was fully aware that whatever we do here out. Because that Convention had thought it
would be in part to change its character in some expedient to introduce this amendment, it was
degree. He looked'with great respect on some by no means necessary.that we should follow in
of the clauses in that instrument, and thought their steps. It appears to me, as it did to the
they had worked well. Abuses, it is true, have Committee, that these citizens are entitled by
crept in, and he was ready to co-operate with their residence to the enjoyment of the elective
gentlemen around him in their correction where franchise at all the elections.
they existed. But in this article he saw no ne-  Mr. M'LANE did not think that the fact of an
cessity for any change. H-e knew there had individual holding land shotld constitute him a
been a good deal of difference of opinion on the citizen.' Bpt'he would not press his amendment
distinction between citizens of the State and citi- now, as he would have the opportunity to offer it
zens of the United States. Although he could when'the report was made to the House.
not concur in all the views which had been    Mr. BRENT, of Baltimore, asked for the readthrown out in these discussions, there were some ing of the section.
to which he gave his assent. And for the prin-  The section was accordingly read.
ciple of obviating all difficulties he now pro-  Mr. McHENrY moved to amend by striking out
posed, in lieu of the amendment of the gentle- the words from the word "election" in the
men from Kent, to insert the clause as it stood in third line to'the word "and  in the fifth line, bethe old Constitution, without alteration, and ing as follows, "at which he offers to vote shall
which he would now read.                    have a right of suffrage," and inserting in lieu
"Every free, white, male citizen of this State' thereof the words following:..
above twenty-one years of age, and no other,' Shall, unless excluded by other provisions of
having resided twelve months within this State the Constitution, be entitled to vote at every
and six months in the county, or in the city of public election in the election district where his
Annapolis or Baltimore, next preceding the elec- residence may have been established
tion at which he offers to vote, shall have a right days preceding such election, and not elsewhere."
of suffrage, and shall vote by ballot, in the elec-  Tlie Chair suggested' that that amendment
tion of such county or city, or either of them, for would be in order after the one now pending
Electors of the President and Vice President of shall have been disposed of.
the United States, for representatives in this State  The CHAIR stated the question.
or the Congress of the United States for Dele-  Mr. DONALDSON proposed to insert the time,
gates to the General Assembly of this State  * and moved to fill the blank with sixty days.
* " and sheriffs.                           Mr. MCHENRY suggested that a vote should
Judge CHAMBERs reminded the Convention that first be taken on the principle.
the instrument from which the gentleman from  Mr. DONALDSON. No, Sir-it is a practical
Cecil had read his amendment was not the origi- matter as to the length of time.
nal Constitution of 1776, but was comparatively  After some conversation, Mr. McHENRt
a late affair, (1809.) The language of the old moved to fill the blank with ten days.
Constitution was very different as may be seen by  Mr. PHELPS moved thirty days.
a reference to the proceedings on its adoption.  The question was taken on inserting sixty days,
The language of the old Constitution runs thus: and was rejected.
"All freemen, above twenty-one years of age,  And the question was takenon inserting thirty
having a free-hold of fifty acres of land in the days, and rejected.
county in which they offer to vote and residing  And the question was taken on inserting ten
therein, and all freemen having property in this days, and rejected.
State above the value of~ 30 current money, and  Mr. BROWN enquired of the Chair, whether it
having resided in the county in which they offer would now be in order to move an amendment
to vote one whole year next preceding the elec- to the proposition of the gentleman from Kent,
tion, shall have a right of suffrage in the election  (Mr. CHAMBERS.)
of delegates for such county."                The Chairman said it was not now in order.
He supposed that when the amendment was The pending proposition had not yet been dismade which had just been submitted, it was be- posed of.
cause we required citizenship, which was not re-  Mr. McHgENRY enforced the propriety of the
quired in the old Constitution. That instrument adoption of his amendment, by reference to the
only required that persons should be residents of changes which were proposed to be made in the
the State-it also used only the word "free," new Constitution, and the elections which would
not "free white."  Conceive the phraseology grow out of them; and he defended it against the
altered in the slightest possible degree, what supposition that there was anything in it which
would be the effect? We have citizens of the would interpose new restrictions upon voters.
State certainly; as nothing is more common than  Mr. PHELPS said the object of the amendment
to pass laws to enable foreigners to hold estates. he had proposed was to put the wards of the
Now he did not desire to insert any language City of Baltimore, on a footing with the counties.
which does not convey the precise idea intended  We have been told that the frauds do not usually
to be conveyed. He wished it to be distinctly grow out of fraudulent naturalization papers,
indicated what a citizen of the State is. He but from the same individuals casting their votes
hoped the gentleman from Cecil would see the at different places. He wished to reach this




31
evil, The amendment of the gentleman from   restrict the franchise. If there was to be any
Harford, (Mr. Mc HENRY,) with that which he, distinction, it should be in favor of a large comn(Mr. P.) now proposed added to it, would go far mercial city.
to meet the case. It would have the effect of  ude DoRsey expressed his concurrence in
making every one who attempted this fraod   the views of the gentleman from Kent, (Judge
known, and be wholesome in its effect on the CHAMBERS,) as to th, impossibility of so framing
elective franchise. His motion was to add the any legislative rule, as it should in no case "ear
words, "and the wards in the City of Balti- hardly on an individual. If he could adopt the
nmore."                                     views of the gentleman from Baltimore, who had
Mr. GWINN thought the security against fraud just taken his seat, he should be ready to vote
would not be increased by this amendment. The with him throughout. But there were reasons
Judges had the power to enquire into the fact of which operated in his mind strongly in favor of
residence'. If an individual was not a resident a six months residence. A residence of that exof a ward, he could only get his vote in by a false tent was necessarJ to make an individual compeoath, as to his term of residence. He might be tent to give an-intelligent vote, by making him
asked if a man would sweat falsely, that he had familiarly acquainted with the true interests of
lived in a ward one day, would not as readily the county, so that he may be guided to a wise
perjure himself as to a residence of thirty days. selection of a candidate. He would have been
There were several large establishments in Bal- ready to vote for the amendment of the gentletimore, which employed agreat number of hands. man from Harford, (Mr. MHfENRY,)'if he would
There was the Clare Factory, the Canton and  have accepted two amendments, which he had
others. The persons employed there generally thought proper to be added to it.' One of these
reside, while in this employ, in the wards i:i was to insert the wards in the City of Baltimore.
which establishments are established, and he He had understood the gentleman from  Balti-'
considered it would be very hard upon these per- more to say that the persons in the wards ought
sons whenever they were transferred to another to be allowed to vote  He agreed with him. As'
wart,                                       he viewed the law, no on;e had any right to prevent
Mr. PHELPS made a few remarks in reply, in the voters inl the City of Baltimore, from voting
which he stated that it was his desire to give the in any of the wards. It was sufficient, if he was
largest liberty to the largest number. But it a citizen of Baltimore  But he objected to the
had been charged against the City of Baltimore, latitude of construction which would allow the
by the gentleman from the county that frauds resident of a State to vote in any county he may
had been perpetrated there by double voting, he choose. He referled to the period when a numthought the amendment would check that evil. her of persons then called the blue light fedeMr. BRENT, (in the absence of his colleague,) ralists, were brought into the City of Annapolis,
expressed regret that his colleague was' not in for tle purpose of defeating a popular caldidate.
his seat. The gentleman who had just spoken -They were paid so much per month, but they
had asserted that his colleague had charged on were treated so badly by the people, and so
the City of Baltimore, that frauds were perpe- thoroughly hooted ty the boys, and made so untrated there by double voting.              comfortable, that they violated their contract, and
Mr. PHELPS said/he had so understood him.  left the city without remaining to effect their ohb
Mr. BRENT resumed.    The gentleman was ject. They were not in force enough to carry
mistaken. His colleague did not say so. His the election of their federal representative 
language was that it had been stated to him as their funds gave out, and the opposition candian allegation. He would now take occasio to date was elected.  f no residence is to be re;say that he was opposed to all attempts to ir- quired, what will prevent the sending into any
pose restrictions on the elective franchise. it particular county as many men as might be newas a restriction of freedom, and he was opposed cessary to turn tle election? We ought to seto it. Does a man by a residence in a place for cure the purity of the ballot-box. We ought to
thirty or sixty days become more enlightened, insist that the voters in the counties, and City of
than by a residence of one. He who is entitled Baltimore, shall be residents of the election disto the right of suffrage, i; as much entitled to tricts and reside in the wards in which they
exercise it in one county as another, and in one vote. Without such restriction the voters may
ward as another. Why is it considered neces- come out from the large in numbers sufficient to
sary that he should have been a local resident in overwhelm  the public aspirants of the small
a particular district, to entitle him to vote? He counties.  Without residence, all the small
is as much entitled to vote at a general election, counties will be made subject to the large
after a residence of thirty days, as of six months. counties, and the voice of the people will be
By the existing laws a residence in a ward, or a there annihlated.
district, foi one day is sufficient. If there was  These remarks were produced by a suggestion
to be any difference, it ought, in his opinion, to that the required residence in the counties, and
be in favor of a commercial city, where are so  City of Baltimore should be abolished.
many laborers who are compelled to sleep where  le referred to the practice which prevailed of
they are employed. If the Judges do their duty raising funds for the purposeof carrying on elecall this illegal voting may be prevented. He tions. If the voters are not required to be resiwas ready to impose any penalty to put down il- dents of the wards in the City of Baltimore, in
legal voting; but he would never be willing to,which they vote, what is to prevent them from




32
voting in all the different wards? Why might State, but we must not touch the city of Baltinot John Smith go and vote in every ward, and more. He did not hold himself as a delegate
how could he be identified, unless he was a dis- merely for Howard District, but for all the
tinguished person who could not be overlooked, State. And looking at the interest of the whole
and in this way'political questions of the'greatest State, he thought a reasonable time ought to be
importance might be decided by these fraudulent fixed for residence, both in the districts through
voters. If it was true, as stated by the gentle- the State and in the wards of Baltimore city.
man from Baltimore city, that an improper re-  Mr. BRENT, of Baltimore city, was of opinion
striction is imposed on the citizens of Baltimore, that a man who moved from one county to anwe ought to remove it at once.             other, carried with him the right to vote. It
He was opposed to this double voting in the was said there should be some restriction, and he
City of Baltimore, it was productive of great would be willing to agree to thirty or sixty days
mischief to the whole State. And in the muni- in the county and twelve months in the State.
cipal elections, where one district may be in fa- But he was entirely opposed to any restriction
vor of one person, and the next in favor of an- in the suffrage of those who moved merely
other, voters from one district can turn the from one election district to another. As the
scale if residence in the ward be not required, law now stands one day's residence in a ward is
the favorite candidate of the ward may be de- deemed sufficient. He was satisfied with that;
cidedly defeated by voters corruptly imported no man can vote in any ward who has not slept
from  some other ward, by moving into the in it the previous night; and any one can chalother. The same may be said of Howard Dis- lenge his vote on shewing where the person did
trict, &c., where each elects its own Commis- sleep the last night. He desired no further restricsioners.                                   tion. The law prescribing aresidence of one day
Mr. GWINN enquired hoVw the action of the cannot be evaded without either fraud or perjucitizens of the City of Baltimore could effectry, which can always be detected by the agency
the frauds perpetrated in the counties. It mightof achallenger. With reference to what had
-be important in its effect on the elections forbeen said by the gentleman from Anne Arundel
municipalofficers, but it could not influence theasto the danger of the voters of one county goelection of delegates for the counties. If te he       line to vote in other counties, he
voters of the City vote only once, how is the
voters of the City vote only once, how is the contended that no evil could result from this pracState injured, if the votes be given in this or tice, as they could only vote once, and lf they:that ward?
that warvoted in another county they could not return to
i  -i      vote in their own. It was desirable that there
Judge Do RsEs replied, that if the residue of should be the fullest possible expression of the
the State had no interest in the city of Baltimore public sentiment. He was opposed to any rethere would be some reason in this view of the striction which would have the effect of prevensubject. He had been accused with applying ting this. If the people themselves will perpe'
the term "rowdy" to the citizens of Baltimore trate frauds, it is impossible to prevent them by
when it was well known to the Convention that any restrictions we may impose. Whether we
he only expressed his apprehension, that a spirit fix a residence of thirty days or of six months,
of rowdyism might be provoked by the interfer  the restriction will be rendered of no effect so
ence of the citizens of one district with those of long as there is a spirit among the people which
another. Ought'not the State interfere when prompts to its evasion. He was, therefore, in
persons, who are called in the newspapers "row- favor of giving the largest privilege.
dies," go from poll to poll.committing outrage-  He —cotncluded with stating that he did not unous acts, and preventing the free exercise of the derstand his friend from  Harford (Mr. McHENelective franchise? He was anxious to keep the R  as intending by his amendment to do any
ballot box pure, by holding in check that spirit thing more than to limit the term of residence.
of demagogism which was destroying the char- In  y remarks he had made, he desired it to be
acter of the city. We must take care that there understood that he had no intention that they
is no double voting, that the residents of one should be applied to that gentleman, who, he
ward shall not go over and give their votes in was entirely satisfied by his vote on Saturday
another ward also. it is by this double voting was in favor of the largest liberty. His remarks
that the wishes of the. citizens of one ward maywer only intended for those who voted  the
be overruled by the inerference of another, and minority on Saturday.
that a mayor and municipal authorities not agree-  On motion of Mr. PHELPS
able to them, may betore ced upon them. H  e0mt        oM    P    S
able to them, may be forced upon them. He    The Committee then rose and reported prodesired to protect Baltimore against herself, to  ress and
preserve her from being annihilated by fraudu-  The Convention adjourned until 10 o'clock tolent voting.                               morrow morning.
He concluded with an expression of his hope__
that the ballot box would be preserved in its purity, and that the practice of double voting          TUESDAY, Janury 14th, 1851.
would be prevented hereafter. If the principle;of admitting all to the polls without any restric-  The Convention, in pursuance of its order
tion as to residence is to prevail, our institutions heretofore adopted, met at 10 o'clock.
will not be worth a brass farthing. Yet we are  Prayer by the Rev. Mr. GRAUFF.
told wa may do what we will with the rest of the  The Roll of the members was called.




33
Mr. BIsER said it was evident that a quorum  the adoption or rejection of the new Constituwas not present, and he would, therefore, move tion, in June, and time ought to be allowed them
a call of the Convention.                 to canvass its various provisions.  With this
The motion was agreed to.                view, the Convention ought to adjourn by the
The Secretary called the roll.           first of April, or; at furthest, by the fifteenth;
A quorum having in the interim appeared, all and this would allow but little time for examifurther proceedings in the call were dispensed nation. The new Constitution would contain
with.                                      more than one hundred sections; yet, for fourThe Journal of yesterday was read and ap- teen days, the Convention had been engaged upproved.                                    on one. At that rate, when would the labors of
The President laid before the Convention a the Convention terminate? He called upon the
communication from the Treasurer of the State, reformers in the body to expedite its business;
(for which see Journal) in reply to a resolution' and, with that end in view, he gave notice that
heretofore adopted, calling for certain informa- he should follow up the resolution he had now
tion.                                      offered by another, providing for the application
On motion of Mr. BROWN, the communication of the one hour rule, at least for the present, to
was ordered to be printed (the reading having, the speeches of members.
on his motion, been in part dispensed with.)  Mr. JENIFLR said, that if the resolution of the
The President also laid before the Convention gentleman from Baltimore oity (Mr. BRENT) had
a communication from the Governor of the been offered at an early period of the session, it
State of Louisiana, in relation to the system of might have met with his (Mr. JENIFER'S) SUpeducation in that State.                   port; but that, coming upon the Convention at
Mr. BROWN said, if there were no other busi- this time, it seemed to him to be rather a reflecness before the Convention, he would move that tion upon it. And it occurred to him as somethe Convention resolve itself into committee of what remarkable that those gentlemen who had
the whole on the order of the day.         been most often absent, and who had themselves
Mr. BRENT, of Baltimore city, requested him indulged in the broadest latitude of debate,
to withdraw the motion for a short time, to en- should be the first to turn round and read Puriable him (Mr. BRENT) to offer a resolution.  tanical lectures to the Convention upon the deMr. BROWN withdrew his motion.          lay in the transaction of itsbusiness. He thought
ABSENTES.                  that, previous to the recess, his friend from BalMr. BRENT then offered the following order, timore city had been absent as much, perhaps,
which was read:                            as any other member, and yet nothing was said
Ordered, That on and after Monday next, t th  that. In what instance had his friendever
Seretary shall enter on the journl of each day, thexpedited the public business by calling for the
Secretary shall enter on the journal of each day,   thh  f o      r              the
the names of all members absent at the call uetion, or withholding, for the sake of allowing it to be taken, any remarks which he might
roll without leave, unless they shall on the sane  sit to be taHen, ay rears  he msght
day before adjournment, report themselves inae     es d          He (r 
person to the Secretary; which was twice read.  gainst these ad captandem arguments to bring
Mr. BRENT said he had not offered i  pro  this body into disrepute. Enough had been said
position with any sort of reference to Buncombe, about this onvention in the newspapers. If the
and he believed he could conscientiously say gentleman intended that the whole of the Conandt he believed he could conscientiously say vention should be reflected upon by this resoluthat he had not, during the entire session of thise gentleman
body given one single vote with reference to tion, ten he (Mr J.) hoped that the gentleman
that object. But he was imnpressed with the  - would go back to the commencement of the sesthat object. ~But hewas impressed with the ne. sion. He (Mr. J.) moved that the resolutionbe
cessityof the Convention taking some action, sion  He.)movethattheres     tionh
with a view to enforce the attendance of itslaid upon thetable.
members. Before the holidays it was declared  Mr. BRENT said he had been as faithful to the
on every side that, after their termination, the attendance of his duties here before the recess
Convention would, on resuming its duties, go as after, and explained that he had never been
earnestly to work. What was the actual state absent except in one case of imperious necessity
of facts? The Convention had been in session -an occasion upon which the Convention would
fourteen days after the holidays; and yet, on have been willing to grant him leave. But he
Saturday last, when a vote was taken upon one insisted that if gentlemen were to be permitted
of the most important questions on which the to absent themselves by thirties and forties, it was
Convention would be called to act, some thirty his right to reflect upon them and his duty to do
members were absent. Yesterday, he believed, s if such a proposition as this could be viewed as
a still greater number were absent. Could they a reflection. He believed that the public interall be sick, or have a valid excuse? His pro- ests would have been promoted if such a resolnposition was, not to deprive them of their per tion had been passed long ago.
diem, but simply to record their names upon the  The gentleman (Mr. JENIFER) was mistaken in
Journal. If any gentleman had just cause of saying that he (Mr. B.) had not called for the
absence, it could not be doubted that the Con- question. He had often done so-and this was,
vention would excuse him.  He hoped that the therefore, an unnecessary attack upon him.
Convention would put a stop to this system, at  Mr. JENIFER (interposing) disclaimed any inleast so far as the object could he effected by I tention to attack the gentlemen, and stated that
this resolution. The people had to vote upon Ihis intention was to defend him.




34
Mr. BROWN said that to obviate one of the inconvenient to gentlemen who were in the Conmany difficulties which the introduction of the vention five or six hours during the day, and upresolution was designed to prevent, he would on committees in the morning and at night, to
move the previous question.                meet here at ten, and if this resolution was to be
Mr. JENIFER. I made a motion that the reso- adopted, he hoped it would be with the qualificalution be laid on the table.              tion he suggested as to the hour of meeting. And
Mr. BROWN suggested that the gentleman had he proposed an amendment to that effect (to prewithdrawn it.                             cede the resolution.)
Mr. JENIFER said he had done so only at the  Mr. HARBINE said. he hoped that the amendrequest of the gentleman from Baltimore city, ment would not prevail. In his opinion, the
(Mr. BRENT.)                               hour often was not too early an hour for the
Mr. BRENT thereupon renewed the motion to commencement of the business of the Convention.
lay on the, table-at the same time, of course, I-He doubted whether there was any Convention
indicating his intention to vote against it. And, now in session, which met later than ten. It was
he asked the yeas and nays, which were ordered, late enough, if gentlemen looked to the time
And the question having been taken, the vote that the Convention had been in session, or to the
resulted as follows:                       present state of its business. He disclaimed the
lffirmative.-Messrs. Blakistone, Hopewell, vocation of a lecturer. It was probably as much
Ricaud, Lee, Chambers, of Kent, Donaldson, his fault as the fault of any other member of the
Dorsey, Wells, Kent, Weems, Dalrymple, Bond, Convention, that things were in the condition in
Jenifer, Ridgely, John Dennis, James U. Den- which they now stand. He could not claim for
iis, Williams, Hodson, Goldsborough, McLane, himself to have been altogether free from the
Sprigg, McCubbin, George, Wright, Annan and charge of inattention to duty. He could not and
Holliday-26.                               would not shut his eye to the fact that very little
Xeg'ative.-Messrs. Chapman, President, Mor- progress had been made in the public business
gan, Dent, Mitchell, Bell, Welsh, Sherwood, of and he coincided entirely in the remarks which
Talbot, Colston, Crisfield, Dashiell, Hicks, Ec- had been made on that point by the gentleman
cleston, Phelps, Chambers of Cecil, McCullough, from Baltimore city (Mr. BRENT). It was that
Miller, Dirickson, McMaster, Hearn, Shriver, the Convention should meet at an earlyhour,and
Caither, Biser, Sappington, McHenry, Magraw, should go seriouslyto work that its business?Nelson, Carter, Thawley, Stewart of Caroline, might be disposed of.
Hardcastle, Gwinn, Brent of Balt. city, Ware,  He denied the validity of the argument which
Fiery, Neill, Jr., John Newcomer, Harbine, had been urged as respected the business of the.Kilgour, Brewer, Waters, Weber, Slicer, Fitz- committees, or the difficulty of procuring the atpatrick, Smith, Parke, Shower, Cockey and tendance of gentlemen at the hour designated.
Brown-48.,I He believed that when the hour was once known
So the resolution was not laid on the table, and understood, gentlemen would be punctual in
and the question recurring on the adoption of the  the discharge oftheir duties; and if they would
resolution.                                not, the fault and the responsibility would rest
Mr. RD)GELY, said he had desired to see the u   them.
proposition laid upon the table, not because  Mr. HICKE sent up to the Secretary's table an
he objected to the principle of it, but because amendment (by way of substitute) which he dehe thought that it covered too much ground.-  sired to offer.
An order had been adopted changing the daily  The PRESIDENT thought that the amendment
hour of meeting to ten o'clock. The resolution was not now in order.
now under consideration provided that the name  Mr. WEBER demanded the previous question,
of every member not present at the call of the and by ayes 34, noes 29, there was a second.
roll, should be entered on the Journal unless he  MR. DORSEY rose to move an amendment.
should report himself before adjournment. Now  The PRESIDENT intimated that no amendment
it was obvious, from the proceedings which had was now in order, the previous question having
taken place this morning, that if the roll was to been recorded. The main question was then orbe called at ten o'clock, and this resolution was dered to be taken, which main question was,
to be adopted, it would be found that no quorum  first, on the amendment of Mr. RIDGEiY (fixing
was present, and that a portion of every day eleven as the hour of meeting.)
would be occupied in notifying the Secretary  Mr. JOHN NEWCOMER called the yeas and
what members were present.   He (Mr. R:) nays, which were ordered and were as follows:
would suggest that the Convention should, in  4ffirmative-Messrs. Chapman, President, Morthe first place, go back to a proper hour of gan, Blakistone, Hopewell, Ricaud, Chambers of
meeting-eleven o'clock. Let that be done, Kent, Mitchell, Donaldson, Dorsey, Wells, Selland he would then go for the proposition before man, Weems, Dalrymple, Bond, Jenifer, Ridgethem, and live up to it. If members were not ly, John Dennis, Crisfield, Williams, Hicks,
then present, let their names be recorded thus Hodson, Goldsborough, Phelps, Miller, McLane,
and.so.                                    Sprigg, McCubbin, Wright, Stewart of Caroline,
He thought that no great object could be effec- Hardcastle, Brent of Baltimore city, Kilgour,
ted by meeting before eleven. A number of Waters and Hollyday.-34.
members were upon committees which met be.-  Wegative.-Messrs. Dent, Lee, Kent, Bell,
tween the hours of 9 and 11  It would be very Welch, Sherwood, of Talbot,Colston, James U.




35
Dennis, Dashiell, Eccleston, Cliambers of Cecil, the terms and manner which they proposed, as
McCullough, Grason, George, Dirickson, Me- it would be to form his own conclusions, as a
Master, Hearn, Fooks, Shriver, Gaither, Biser, member, of everyparticular, why he should agree
Annan, Sappington, McHenry, Nelson, Carter, or disagree to its report. Take, for example,
Thawley, Gwinn, Ware, Fiery, Neill, jr., John the Report of the Committee on the Elective
Newcomer, Harbine, Brewer, Weber, Slicer, Franchise. If he had been called upon to vote
Fitzpatrick, Smith, Parke, Shower, Cockey and upon that subject without having paid any attenBrown.-42.                                 tion to it, he should have been perfectly blindSo the amendment was rejected.           fold He believed that a dozen amendments were
The question then recurred on the adoption of necessary to carry out the wishes of the people on
the original resolution of Mr. BRENT.      that subject, and what he supposed to be the
Mr. DoasEY desired to be informed by the wishes of the Convention. He considered the
nchair, whether all debate was cut olff   labors which members should perform in their
The PRESIDENT replied, that it was, because rooms, quite as important as any which they were
the previous question had not yet been exhaus- called upon to perform here. They ought not
ted.       1*to act without a minute examination of what is
The question was then taken, and by ayes 45, contained in the Reports, nor without weighing
and nays 26, the resolution was adopted,  every word of every section they contained.
Mr. HICKS desired to otfer as an original pro- Otherwise they might form a Constitution which
position the substitute amendment of which he the people would reject, as indeed, under such
had given notice, and which was as follows:  circumstances, they ought to reject it.
Ordered, That Committee No. 14, be reques-  Mr. BRENT interposed and explained that his
ted to inquire into and report to this Convention resolution contemplated that the name of no abthe expediency of holding three night sessions sent member should be entered on the Journal,
in each week, until the close of this Convention if he should report himself during the day.
for the purpose of giving members an opportuni-  Mr. DORSEY, expressing his entire knowledge
ty to make personal explanations and fancy of the import of the resolution, proceeded to
speeches, that time and expense may thereby be say, that he was as anxious as any member of
saved,                                     the Convention could be, that its labors should
The President had awarded the floor to Mr be brought to a close; but it was due to themn
DORSEy.                                    selves, to the body and to the State, that full and
Mr. HICKS gave notice that he would offer his perfect consideration should be given to every
resolution to-morrow morning.              subject. He referred to a conversation which
Mr. JENIFER (whilst Mr. DORSEY was reduc- he had held, when last coming to Annapolis,
ang to writing the proposition he intended to of- with a gentleman who was either a member of
tier) laid on the table the following order, which the Virginia Reform Convention,,r had been at
he intended to call up hereafter:          tending its sessions, in which Mr. Henry A.
Ordered, That it be incorporated among the Wise (a member of the latter) was said to have
standing rules of this body, that no member shall declared in the ConvenUton, that he would not
speak at one time longer than one hour, nor more give a fig for any Constitution which was framed
than one hour on the same question.        in less than twelve months; and that if he had
Mr. DORSEY then moved the following order: been a member of the Legislature by which the
Ordered, That the rule adopted as to the at- Convention was called, he would have offered a
tendance of members of this Convention shall provision declaring the Convention incompetent
not apply to members who will state that the to adjourn, or adopt a Constitution, in less than
cause of their absence was their necessary atten- six months.  He (Mr. D.) did not mean to
dance to the business of this Convention.  say that this opinion accorded with his own
Mr. DORSEY said it seemed to him that the views. But he was willing to labor as long as
precipitation with which the Convention was any man in the Convention to mature and make
required to act in its proceedings here, was te bestConstitution which they could. HS e de
not becoming such a body. They had been sired to gratify each portion of the State so far
brought here for the purpose of deliberating as it could be done'consistently with the rights
calmly and acting intelligently upon every sub- of every other portion. But he though thatto
ject which might be brought before them. It meet at the hour of ten, allowing  o time for
was their duty to devote to every subject such exercise, and to act precipitately and without
portion of time as might be requisite to enable due consideration on the subjects before them,
them faithfully to discharge their duty in regard were unreasonable requirements.
to it. It appeared to him, from the discussion  Mr. McLANE suggested to the gentleman from
which had taken place, that members thought Anne Arundel (Mr. DORSEY), so to modify his
that all they had to do was to attend the com- proposition as to give it a retrospective action,
mnittees, to agree, or disagree, to what might and to call upon every member to come up and
there be done-and that that was the scope and declare on his honor and conscience how long he
limit of their duties. Such was not his view. was absent and forwhat purpose. And he made
He considered it as much his duty, as a member some remarks in support of the suggestion.
of this Convention, to satisfy his own mind by all  Mr. DORSEY said he would accept the modifiproper investigation, whether the Report of a cation.
Committee ought, or ought not, to be adopted in it Mr. BRENT, of the city, replied to some of the




36
positions of Mr. MCLANE; briefly enforced the son, George Wrigit, Shriver, Gaitier, Biser,
propriety and necessity of the resolution which Annan, Sappington, Stephenson, Nelson, Carter
had been adopted, and expressed his hope that Thawley, Stewart of Caroline, [Hardcastle,
the Convention would not rescind it.       Gwinn, Brent of Baltimore city, Ware, Schley,
Pending the question, the Convention passed Fiery, Neill, Harbine, Kilgour, Brewer, Anderto the order of the day.                   son, Weber, Hollyday, Slicer, Fitzpatrick,
Smith, Parke, Shower, Cockey, and Browvn. —48.
THE ELECTIVE FRANCHISE.            And the amendment was rejected.
On motion of Mr. JENIFER, the Convention   Mr. DIRICKsoN stated that he had hitherto voagain resolved itself into committee of the ted with the party which had evinced a dispowhole, Mr. BLACKISTONE in the chair, and resum- sition to abolish all distinctions in the exercise
ed the consideration of the report of the com- of the right of voting. He had no idea that by
mittee on the Elective Franchise.          any act of ours we could succeed in making
The pending question was on the following men more pure, and he was unwilling to impose
amendment offered yesterday by Mr. MCHENRY: restrictions unless where he was satisfied that
To strike out all from the word "election," in they were demanded by the public interest.the third line, to the word "and'.' in the fifth He would not be desirous to restrict even forliae, and insert in lieu thereof the following:  eigners in their exercise of this high privilege.
" Shall, unless excluded by other provisions of He had no prejudices against such, as foreignthis Constitution, be entitled to vote at every' ers; and even if he had, his sense of what was
public election in the election district where his due to justice would not permit hima to let
residence may be established for  dayspre-such prejudices influence his actions.  The
ceding such election, and not elsewhere."  general goverment had said that after a residence
Mr. BRowN suggested to the gentleman to of so many years, foreigners should be entitlwithdraw the amendment. The committee by ed to the privileges of other citizens. Whethree separate votes had refused to fill the ther it was, in every view, right or not, he
blank with any specific time, and if it was would not to stop to decide.  Older men
not filled, of course the whole proposition was and sages had thought so, and he would not
nugatory. He trusted the amendment would be attempt to impugn their decision.  He difwithdrawn, that the Convention might get rid fered with the gentleman from Charles on this
of the debate.                             point. He had heretofore avowed a wish to
Mr. MCHENRY said he was willing to acqui- see all distinctions broken down. If this was
esce inthe suggestion, not only because the ex- democratic doctrine, it was the doctrine in
perienced member from Carroll,'(Mr. BROWN,) which he had been brought up.  He was desihad made it, but because upon consultation with rous as any one to purify the ballot box. Genfriends he Mr. MeH.  found that therewasnot tlemen allaround professed an equal desire to
the least probability of the adoption of the effect this object, but all seemed to discover a
amendment, therefore he would withdraw it. great difficulty as to the proper mode to be adopHe desired to say, however, that he had" not in ted. It seemed to be generally admitted that,
the slightest degree modified his opinion. He in every part of the State, the ballot box had
believed that the amendment, if it had been been greatly corrupted. He did not believe that
adopted, would effect the object he designed to the evil had reached that extent which some
accomplish; but he would be the last man in this believed, but, to some extent, he could not
Convention to procrastinate its action by any but allow that corruption had crept in.  His
pertinacity of his own.                    objection to the course of many members was
So the amendment was withdrawn.          that, while they admit the existence of the evil,
Mr. SAPPINGTON thereupon withdrew   the they reject the means for its removal, after tcamendment which he had heretofore offered.  naciously opposing every attempt to introduce a
Mr. PHELPS now moved the following amend- remedy. Will not the amendment now under
ment:                                      consideration, work well, and produce good to
Insert after the words "Howard District," the the city of Baltimore?
following: "And thirty days in the election  The gentleman from Baltimore (Mr. GwiNN)
district or ward of the city of Baltimore."  had said that if a man desired to commit a fraud
Mr. DORSEY asked for the yeas andnays which all he had to do was to swear that he had slept
were ordered, and were as follows:         the night before in one of the wards of the city
affirmative-Messrs. Chapman, President,Mor- or county.
gan, Dent, Hopewell, Lee, Chambers of Kent,  Mr. GWINN. I never said so.
Mitchell, Donaldson, Dorsey, Wells, Kent,    Mr. DIRICIKSON resumed.  Whether it wals
Weems, Dalrymple, Sollers, Merrick, John Den- that gentleman who said it, or his colleague;
nis, James U. Dennis, Crisfield, Dashiel, Wil- it was an argument against the restriction which
liams, Hicks, Hodson, Goldsborough, Eceleston, this amendment imposed.  It was true that a
Phelps, Sprigg, Dirickson, McMaster, Fooks, man who would swear that he had slept one
SMcHenry, Magraw, Davis and Waters-33.     night there, might be more easily detected than
Negative-Messrs. Blakistone, Sellman, Bond, if he perjured himself in reference to a longBell, Welch, Chandler, Ridgely, Sherwood, of er residence.  But this rendered the amendTalbot, Colston, Chambers, of Cecil, McCul- ment the more necessary.  There are always
)ough, Miller, Bowie, McCubbin, Spencer, Gra-'persons belonging to the Ward who watch for




37
such men, and who, in consequence of this ifmiliar adage ought to be reversed, and that an
enlargement of the terr required for residencee ounce of cure was worth a pound of prevention
would the more readily detect them. And!low  in this instance. All the expedients which had
easy is it for individuals, or classes, to come into hitherto been introduced, might perhaps have the
a ward to sleep for one night in order to be enti- effect of reaching one or two illegal votes, while
tied to vote. This has indeed been done, if we they would operate against twenty legal ones.
are to believe the current reports. But the al- While preventing illegal voters from treading on
legation is, that the frauds are perpetrated by the heels of legal ones, we may perhaps impose
foreigners; but they originate not with them, restrictions onlegal voters.  He did not think
but with our own people who are eager to secure the amendment would produce good.
their votes. Another evil is that of double vo-  Mr. MERRICK said his opinion was precisely
ting, the same persons having voted at cifferent in opposition to that of the gentleman from Balpolls on the same day. It had been replied to timore county on this point. He believed as the
this, that even if they had done so, no harm  old adage quoted by the gentleman runs, that an
could result, that it was only a fuller expres- ounce of prevention is worth a pound of cure.
sion of public opinion! But when this practice  Mr. RIDGELY explained that he wished to reis carried into the Congressional districts in verse the adage.
the State, the result is more important, tending  Mr. MERRICK understood this, but differed
as it does to change the whole character of our with the gentleman, and thought now, as in times
government. He was opposed to this system of of yore, " an ounce of prevention was worth a
aggregate voting. IHte wished to see the people pound of cure," and he therefore was for making
represented by delegates not elected in this mode, provision to prevent the evil complained of. I-le
not by an aggregated franchise, but by the votes had been altogether averse from the various proof their own proper constituency. This was the positions discussed during the last few days,
best system. He desired an expression of the making, as he conceived, invidious distinctions
sentiments of all, on the subject, that we maybetween different classes of citizens.  The
by a compromise, adopt that mode which is amendment of the gentleman from Dorchester
nost approved. He wished a full expression of did not partake of that character, and was inhis
public opinion at the polls, and thought this opinion wise and salutary-more useful even
amendment would effect it.                  than the requirement of the six months' previous
Mr. P  aELPS consented to modify his propo-esidelce within the particular county.
residence within the particular county.
sition. But a general desire being expressed to  For what purpose s  the   caton of six
take a vote on "t thirty," he adhered to his orig-months' previous g residence in he county now
inal motion.                                required by your laws, and still without objection, proposed by the pending report to be conMr. RIDGELY, in consequence of the impati- tinued? Certainly not for the purpose of inence of the House to take the vote, very briefly suring to the voter a sufficient knowledge of our
addressed the Convention in correction of the e-interess and ocal institutions o enable him to
roneous views iwhiich hle thought gentlemen had ex:ercise his right of suffrage understandinglytaken with regard to the question of residence  this purpose is acomplished by the requirement
The gentleman from Dorchester (Mr. PiELrPS) of twelve months' previous residence in the State
appeared to entertain the belief that thirty days for what purpose then is this residence within
residence meant actually the presence of an the particular county of six months required?
individual in the lizard for that time previous Plainly that the voter may have identity of feelto the election; and that he lost his right to ing and interest with the community for whom
vote because his residence avas not qualified he purposes to aid in electing a functionary, and
by his presence.  The fact of residence must also that he may become sufficiently known to
be determined by the quo alinmo. He would il- the people of the vincinage to render the proof
lustrate, by putting a case.  You bring a man of his right to vote easy, and the avoidance of
desirous of voting to the Judges of election at one spurious voting by transient persons more certain.
of the wards of Baltimore city.  He may have And for the very same reasons was the reqireworked twenty-nine days out of the ward, andre-  ent proposed by the gentleman from Dorcheslying on his residence,comes to vote. His vote iser of thirty days' previous residence in the parobjected to because he has not resided the thirty ticular election district necessary and proper.
days required by this proposition. He replies, To give to the great body of, the resident and
that although he had been at work out of the legal voters of every district, a sufficient opporward for twenty-nine days and actually present tunity of knowing who were legal voters among
in the ward only one day, yet he considers that them, and thereby protecting themselves from
his place of residence, and he is ready to swear frauds upon the dearest and most sacred of all
to the fact. Here then the question of the quo the freeman's privileges, the right of selecting
arntmo comes up for consideration and determines his own functionaries, by the abominable system
his rightto vote.                           of colonizing voters, as it is called; that is, of
Hitherto, he had voted against all restrictions sending voters for a single night before an elecon the suffrage. He would continue to do so. tion from one district to another, for the purpose
It was his wish that the ballot-box should be of there voting and controling the election.
preserved in all its purity. And, at a proper Something had been said of correcting this abuse
time, it was his intention to submit a proposition by penal enactments, to provide for the punishfor purifying the ballot-box. He thought the ment of the fraudulent voter,-but he preferred




38
the prevention of the fraud,-besides, as the laws to them to decide the question. He would be
now stood, or rather as they had been told by willing to place it in the discretion of the judges,
gentlemen learned in the law, it was practically if all the voters could be known to them, But as
construed-a man going from one district to that is not likely to be the case, he desired rather
the other, in the city of Baltimore, but the night that it should be left to the Legislature to regu.before an election, was considered as having re- late the mode, and such was the purport of the
quired the legal right to vote in the district into proposition he intended to offer. He desired that
which he had gone. The practice was therefore the Legislature should provide for a proper relegalized, and the person thus trampling on the gistration of the votes, and this would accomright of those amongst whom he went, could not plish the object. With this impression, he inbe reached by any penal law, because he had tended to move an amendment to this effect to
only done what it has been determined he had a come in at the end of the section. There would
legal right to do. To remedy this, we propose then be no inquisition into the legality of the vonow to adopt a proposition making it unlawful, ters. He wished to have no man voting who is not
and to require such a length of residence as will a bona fide citizen of the State. He intended to
enable the lawful voters to acquire the knowl- vote against all propositions to fix a certain
edge which will protect them against the conse- term of residence; and if any motion to that efquences of such practices. He adverted to this feet should be adopted, lie would move its reconpractice of colonizing voters as prevailing to a sideration.
considerable extent, not only in Baltimore and  Mr. DoRSYr said that when questions of
in some of the counties on the Chesapeake, but such grave importance were before the Convenalso as he had heard (he knew not how truly,) tion, and he had information calculated to throw
all along the Pennsylvania border. The measure any light upon them, he felt himself bound to
proposed appeared to him to be a wise, and in- give it. As to the adage of the ounce of predeed, the only proper and efficient corrective, and vention and pound of cure, he stated that the
he trusted the Convention would apply it. He ounce of prevention was now proposed by those
was far, very far, from any desire to restrict the who thought with him, while the pound of cure
elective franchise-his object was to protect it which the gentleman from Baltimore county sugin its purity. He was aware, as the gentleman gested was the punishment of those who are
had said, questions might arise as to what is guilty of these outrages on the ballot box. The
meant by a legal residence, but that and similar gentleman from Baltimore who first addressed
questions can better be discussed and disposed of the Convention on this subject, stated that a reat another time. It was well known the abuse sident of the city of Baltimore was at liberty to
complained of did exist to a greater or less ex- vote in any of the wards of the city. There is
tent, and it certainly should be corrected.  no restriction on such, in the city, as to residence,
Mr. KiLrGOUR moved to strike out thirty days whether of a day or a year; in which he conand insert five. This restriction, he thought, curred with the gentleman, as the charter of the
would be sufficient to prevent the evils con- city imposed no such restriction. Each election
plained of.                               district and ward district elects its own ConmThe Chairman said the amendment was not missioners, and in Anne Arundel the same pracnow in order.                             tice prevails.  All the candidates-CongressMr. KILGOUR gave notice than when in order men, Sheriff, members of the House of Delehe would move it.                         gates and Commissioners of Congressional elecMr. BRENT, of Baltimore city, called the yeas tions to be voted for, are voted for on one tickand nays pending the amendment,lwhich were et —not a Congressman in one, a Sheriff in anoordered:                                  ther, and so on, but all the names are on one
Mr. JENIFER suggested that amidst so great a ballot, and that single one is deposited in the baldiversity of opinions as was held on this sub- lot box. There was nothing in the Constitution
ject, gentlemen ought not to be too pertinacious as to the qualification in respect to residence in
about their own amendments. It was the gener- the different election districts, to prevent voters
al opinion of this body that no one who was en- from voting in another election district than that
titled to vote, should be allowed to lose it, but in which they reside, so that the vote of one
that illegal votes should be excluded from the might be changed by the residents of another.
polls. These, then, are the two great objects The mode now presented appeared to him the
to be accomplished. He thoughtthat they would most judicious that had been offered, and the
be most surely attained, not by grafting into the best calculated to prevent abuse. The term of.
Constitution any particular term of residence, thirty days was that which he proposed as a term
but by authorizing the Legislature to adopt reg- of residence. A gentleman, not now in his seat,
ulations to that end. He had prepared a propo- had said that it would be idle to impose any resition on this point, which he intended to offer strictions as to the period after naturalization,
hereafter. He had no design to trammel the when foreigners might be permitted to vote; and
Legislature, or to restrict the franchise. So far he assigned as his reason that the judges of
from restricting it, lie would give it the largest elections, being warm political partizans of one
liberty. But it was necessary that something of the parties, would reject the votes offered by
should be done to enable the judges of elections voters who were not in favor of their party.
to decide who are entitled to vote. Without be- Now he would not cast any such imputation on
ing satisfied that the judges would be qualified the judges of election. They are the only perto decide on this point, it could not be entrusted sons to whom the decision of such questions was




39
entrusted. Still he had no objection to the adop- on Saturday night, he was entitled to vote in the
tion of any rule by which the evil complained of county where his home is. We must judge of
might be prevented.                        residence by acts and declarations of the party
In reply to what had been.said of the hardship in relation thereto. He was in favor of a thirty
upon a man who had removed into another ward, days':residence, not merely a sojourning.  f one.
and was refused the right to vote, not having re- ward choose to abandon an election or to let it
sided therein the required time, he stated that a go by default, and should send its voters into anmuch greater hardship was that upon a voter re- other ward, we ought to set a guard upon that.
moving from one county in a Congressional dis- practice. The residence of six months in the
trict where he had resided twelve months, into county is designated that the voters may know
another county of the same Congressional dis- the fitness of the candidates and to prevent frauds.
trict where he may have resided above five He thought some residence necessary; it may be
months before the election, and yet, under the thirty days or more.
Constitution of our State, he would not be en-  Mr. GWINN expressed a hope that the gentletitled to vote. But these were of those cases of man would turn to the second ordinance of the citv
individual hardships which must occur under the of Baltimore, which he presumed the learned
operation of every general rule. The Congress. gentleman had studied.
ional candidate in a ward may be one in whose  Mr. DORSEY:esumed. He did not' look to
success great interest might be felt in that ward, the ordinance. He looked to higher authority.
yet the election of that candidate might be de- He took it for granted that the gentleman who
feated by other votes coming over from the city. declared that a citizen of Baltimore had a right
Modes may be suggested by which the difficulties to vote in any ward, had looked to the act of Asin Howard District and Anne Arundel, which are sembly. It was provided in the charter which
in the same condition as Baltimore, might be ob- prescribes the mode of the election, that each
viated; but under the Constitution, as ii DQow  ward should send one member to the first, and
stands, the remedy would be impossible, as'he two to the second branch of the City Council,
names are all on one ticket and are voted for b) and that each candidate must be a resident of the
every qualified voter where the election is held.  vard in which he is voted for, and from this it has
Mr. GWINN begged to call the attention of the bee. inferred that voters must also be residents
gentleman from Anne Arundel to the fact that of the ward, but such inference is not authorizthe second City Ordinance says, that no man shall ed. He asked the gentleman to read the law.
vote out of the ward in which he resides; and  Mr. GwiviK read the city ordinance.
if he does, he is liable to a penalty. The last  Mr. DonRSE. If the ordinance was contralaw of the Legislature makes this applicable to ry to the Constituftion it was null. The voters
Congressional elections,                  of Baltimore city, as' to Congressional elections,
Mr. DORSEs resumed. We are here actingon derive their right from  the Constitution. City
the Constitution.  It is the Constitution only ordinances cannot chanje it. The gentleman
which determines who shall have the right to from Baltimore said it wal necessary that a votvote. If the right is possessed by virtue of a er should sleep in the ward ihe night before the
provision in the Constitution, it cannot be chang- election. This does not of itsIlf constitute resied by an ordinance of the Corporation of the dence. We ought to require Something more
City of Baltimore, or even by an Act of the Le- than mere sleeping in the ward.
gislature. How then does this change the con-  Mr. GVINN here read the act of a ssembly, exdition of things? Baltimore will have no reason tending the ordinances of Baltimore a.' to the cito complain if a similar principle which she has ty elections to the counties. Appeals,had been
introduced into her wards, should be introduced made, and had gone to the judicial tribulmals, yet
by the Convention into the State.         this law had never been pronounced unco.ustituMr. BOWIE. The Constitution is silent as to tional.
to the places where the votes shall be cast. At  Mr. DORSEY expressed a doubt whether fthe
one time they were cast at the county town. Legislature had a right to establish as a residence
Since that time. the State had been laid out in in respect to a Congressional election, the mere'
Election Districts, and the people voted in those fact of a man sleeping one night in a county. If
districts. He held the law by which this had this was to be considered a residence, it appearbeen done'to be constitutional.           ed to him to be the more incumbent on the ConMr. DORSEY resuming. If these changes vention to exercise a revisory power. He insishad been made by a single law, the law is uncon- ted that the city authorities had no power, and
stitutional. As regards constitutional qualifica- that the extent of the power of the Legislature
tions, the law can impose no restrictions different was the extension of the number of election dis-.
from those in the Constitution.. The changes tricts from sixteen to twenty. No gentleman
made in the qualifications of voters by an act of would maintain that the fixing of a rule of resithe Legislature are unconstitutional. If it re- dence should be left to the authorities of the city
lates to the term of residence, an hour is equal to of Baltimore. Adopt this principle, and it would
a night. He agreed with the gentleman from  not be worth while to impose any restrictions
Baltimore county, that the factof residence is as to members of Congress; you may as well
not established by mere personal presence for a throw all restrictions off, and leave the ballot
night, but by acts and intentions showing such box open to every one. But it is the duty of this
residence. If a laborer from one county, worked Convention to fix such principles as will reguthere, and went to his home in another county late future elections.




40
The question was then taken on the amend- lustrations of his experience, and expressed the
ment of MR. PHELPS, and the result was as fol- belief that if gentlemen would come out and
lows:                                      boldly speak the truth, instances still more flaJffirmative.-Messrs.Chapman,   President, Mor- grant than those he had mentioned might be adgan, Dent, Lee, Chambers, of Kent, Donaldson, duced. He was in favor of some such limitation
Dorsey, Wells, Randall, Kent, Weems, Dalrym- as was proposed by the amendment, and thought
ple, Bond, Merrick, John Dennis, James U. Den- its operation wouldbe effective in the suppression
nis, Crisfield, Dashiell, Hicks, Hodson, Golds- of fraud. The blank, he thought shouldbe fil
borough, Eccleston, Phelps, Sprigg, Dirickson, led with some period, if it were but twenty-four
McMaster, Hearn, Fooks, Mcllenry, Ma;graw, hours. He desired honestly to carry out, under
Davis and Waters —32.                      the lights which he possessed, the full wishes of
JVegative.-MIessrs. Blakistone, Seliman, Jeni- the people. He looked upon this question as befer, Bell, Welch, Chandler, Ridgely, Sherwood,  one ofthe most important which the
Qof Talbot, Colston, Chambers, of Cecil, McCul- Convention had been called to consider and delough, Miller, Bowie, McCubbin, Spencer, Gray- cide; and he hoped and trusted that some sys*son, George, Wright, Shriver, Gaither, Biser, tern might be matured by which this practice of
Annan, Sappington, Stephenson, Nelson, Carter, fraud upon the ballot-box, every where known
tiawley, Stewart, of Caroline, Hardcastle, to exist, might be done away with. He did not
Thtawley, Stewart, of Caroline, Hardnastle,
Gwinn, Brent, of Baltimore city, Ware, Schley, think that there was any difference of feeling
Fiery, Neill, John Newcomer, Harbine,   il- in the Convention as to the necessity of obtaingoarr, Brewer, Anderson, Weber, Hollyday, Sli- ing that end, but there were some hundrec and
cer,        itzpatri, Smith, Parke, Shower,Cokeyl three members of the body, and about as many
and Brown-49.                              different plans to accomplish the result. Yet;
Determined in the negative.              they had all such a practical knowledge of the
Mr. KILGOUR then moved to fill the blank with subject, that it seemed to him some such system
ten days, and asked the yeas and nays, which might be matured in an hour. He would go
were ordered                               even for a registration —in short, he would go
Mr. HICKS began to feel somewhat alartned, for any and every thing, by means of which the
he said, at the indisposition manifested on the one great object-the protection of the ballotpart of the Convention, to throw around the bal- box-might be attained.
lot-box those guards which were so necessary to  Mr. DAvis said that the evil which was comits protection, and consequently to the safety and plained of, had been felt in the county of Montthe perpetuity of our institutions. After the gomery. In that county there was at least as:angry discussion which had taken place on great an amount of virtue and intelligence to be
another subject in this Convention, and which found among the people, without disparaging
-closed only a few days ago, he had felt disposed other counties, as in any ofthemn  Commissioners
to congratulate himself and the Convention that of the county were formerly elected by disa subject had at last been reached, upon which tricts.  Corruption, as it was thought, made
he had hoped they might agree. In this, it its appearance. The county became dissatis-.seemed, he was disappointed. He supposed that fled on account of the colonization of vothey had all come here with a full determina- ters. The mode of election was then changtion to do any and every thing in their power to ed to the general ticket system. He hoped
prevent the perpetration of frauds upon the bal- that some guards would, be placed round the
lot-box. He did not design to make a set speech; ballot-box. He desired that the voters of Maryhe had never done so. He believed it would be land should be secured in the fullest enjoyment
for the Convention itself and for the people of of the elective franchise. That illegal voters are
the State of. Maryland, if there was less of that to be found he had no doubt. He would give
kind of speaking and a little more plain talking. an instance of one. At the September election
He supposed that a majority of the members a man called upon him, and, although of the opof this body had a personal knowledge of the posite party, offered to vote for him. He went
fact that frauds upon the ballot-box were every up to the polls with him, when, after an examiwhere committed. He trusted, therefore, that nation, he became satisfied that he was not enthere was no partizan feeling about the matter. titled to vote, and requested the judges not to
He certainly had none; and he could say, with consider him as pressing the vote, and he then
his hand upon his heart, that although he had withdrew from the window. This man aftervoted against the call of the Convention, yet wards swore that his residence was in Montwhen the people of the State determined there gomery county and was received. He (Mr.
should be one, and particularly when he had DATIS) had since become satisfied that the man
addressed himself to the voters in his county for had no right to vote in that county.
the seat he now occupied, he had resolved fully  Mr. BELL stated that the district from which
to put aside all considerations of a party charac- he came was bounded by the Pennsylvania line.
ter. He did not mean to say, that he was not a So far, however, from the fact was the states
party man; he spoke merely with reference to ment made that persons from Pennsylvania came
the business of this Convention. It was cer- over the line in numbers to vote in the Maryland
tainly true that, in the course of his short career, elections, that he never knew an instance of such
he had witnessed many disgusting scenes at the a case. He had a high opinion of the. Pennsyl —
ballot-box, Mr. H. proceeded to) give some il- vanians, and believed they would scorn to be




41
guilty of such an act. As to the election dis-  Mr. SPENCER referred to an instance of a contricts, he would say that in his district, a voter ductor of a whig paper who was rejected, alfour-fifths of whose land lay on one side the dis- though a legal voter, because he could not specitrict line, and his residence on the other, would fy the exact term of his residence to a day.
not be permitted to vote where the greater part  Mr. PHELPS said that case was not in his
of his land was, but where his residence stood.  county. In reply to which the gentleman had
Mr. BROWN called on a colleague to bear him  said concerning the penal laws, they had hithout in the assertion, that no illegal voters had erto been inefficient. The penal laws have
come over the Pennsylvania line into his district, been long in operation. A man in his county
Mr. SIHOWYER declared in the most solemn and was presented by the Grand Jury, and prosecuted
emphatic manner that so far as he knew, no for bribery, and then came to Annapolis, and
Pennsylvania Democrat had ever voted in Ma- obtained a nolle prosequi. This was not the
ryland.                                    only instance of executive interference. He
The question was then taken on the amendment knew of one case in which a whig Governor,
of Mr. KILGOUR, and the result was as follows:  and another in which a democratic Governor inaffirmnative. —Messrs. Chapman, President, terfered. We cannot find security for the purity
Morgan, Dent, Hopewell, Lee, Chambers,   of ofthe ballot-box, unless we impose some limits
Kent, Mitchell, Donaldson, Dorsey, Wells, Ran- on the term of residence. The remarks of his
dall, Kent, Weems, Dalrymple, Bond, Merrick, colleague had deep force in them, and were
Jenifer, John Dennis, James U. Dennis, Cris- strongly impressed on his mind.
field, Dashiell, Williams, -licks, Hodson, Golds-  Mr. MERRICK, after stating that it was better
borough, Eccleston, Phelps, Sprigg, Ditrickson, to be a listener and a learner, than a speaker,
McMaster, Hearn, Fooks, Annan, McHenry, said that one idea had struck him, which he
Magraw, Davis, Kilgour and Waters-38.      would lay before the Convention. The gentleegat'ive.-Messrs. Blakistone, Ricaud, Sell- man from Queen Anne thought the existing peman,Bell, Welch, Chandler, Ridgely, Sherwood, nal laws sufficient, and that he would go as fat
of Talbot, Colston, Chambers, of Cecil, McCul- as any one to make them more stringent. Now,
lough, Miller, McLane, Bowie, McCubbin,    we have heard a good deal fromlearned lawyers
Spencer, GrasonGeorge, Wr:ght, Shriver, Gai- and judges, who after poring over the books,
ther, Biser, Sappington, Stephenson, Nelson, tell us that if a man from an adjoining ward
Carter, Thawley, Stewart, of Caroline, -lard  oes into another ward of the city, and sleeps
castle, Gwinn, Brent, of Baltimore city, Ware, one night, he may gain his vote in that ward.
Schley, Fiery, Neill, John Newcomer Harbine, Now, he desired to give his vote to check this
Brewer, Anderson, Weber, Hollyday, Slicer, evil, by sustaining that amendment fixing the
Fitzpatrick, Smith, Parke, Shower, Cockey and term of residence at five days. As we are, the
Brown-48.                                  law is perfectly insufficient to check the evil.
So the amendm t ws r d.       iHe thought a residence of five days proper. A
Mr. PHELPS. Let uws now try five day; I man is not bound to be there every hour, but he
l move that amendment,. now ty f    vs     must have his residence there, although he may
move that amendment.
Mr. BROWN. I rise to a point of order. With                        if this amendment
the exception of one word, we have defeated  Mr. BOwIE suggested that if this amendment
the exception of onle word, we have defeated was adopted, it would make an important change
this amendment, I know not how many times. was adopted, it would make an important change
thes famendkentf know not how many thieames, in our election laws which now require six months
The frame-work of the proposition is the same,residence in the county, twelve months in the
with the exception only of the time that shall fill sate and accodint the cnst on of j e
State, and according to the construction of judges
the blank, and gentlemen must percive   by of election and others, one day in Baltimore
thi   at tblank  ithe Convention will not supply city, The present system has stood the test of
that blank with anytheing.                 the experience of seventy years. Originally a
Mri.  MITCHELL suggested that the gentleman property qualification was required, and in conmigt be mistaken. He (Mr. M.) could refer to sequence of the universality of the term freeman,
one gentleman who would go for the provision even free negroes were included. Subsequently
with the limitation of five days, who had not yet these provisions have been repealed, and the
voted against any other period of time. There qualifications of residence aslthey now stand have
might be other members of the Convention sim- been acquiesced in by the people. We are now
ilarly disposed.                           sent here to form a new Constitution. Complaints
Mr. BROWN. I withdraw the point of order. have been made as to the working of some parts
Mr. SPENCER was opposed to all further of the present constitution, but he had heard of
restrictions on the suffrage.  The penal law  none against that which relates to the elective
might be strengthened, if necessary; the pen- franchise. He wished to ask whether it was in.
alties might be increased; officers who weretended to get rid of the abuse of power b getting
not vigilant in the detection of illegal voters, rid of the power itself. Was not that too great
might be punished. But there ought to be no a sacrifice. He then quoted the provisions of the
further restriction on the ballot-box.     existing Bill of Rights, in relation to the suffrage;
Mr. PHELPS said his friend from Queen Anne and stated that the right was nttderived from
said we ought to rely on the penal laws. Now  the Bill of Rights or the Consttlitiom. It had
he had been much engaged in politics, but he had a far higher origin. It existed with and belonged to
never known an instance where a voter had been the people, as members of the body polidisfranchised,                              tic. He did not come here to put new shackles
6




42
on the right of suffrage, but to qualify it by citizen, under particular circumstances, cannot
such wholesome provisions as the public safety exercise the right of voting without necessarily
might require. He held that every man of twen- depriving two others or more of all benefit of
ty.one years of age had an inalienable right to their right, he must not be permitted to vote; and
vote, and it could not be restrained unless de- then others are denied all effect, and of course
manded by the public safety. Hle would not all benefit of their votes, when each of their
vote for this restriction of five days' residence, votes shall be neutralized by the opposite votes
because it would fall on a large class of poor of persons not legally entitled. He invited all to
citizens, who had no permanent home, but were engage in the work of arresting illegal voting.
constantly moving from district to district. The It is a question of expediency of means. There
amendment would deprive them of the right should be no harsh denunciation, where all have
of suffrage. Because we have the power, it a common and a laudable purpose.
would be wrong to diminish the rights of this  Those were mistaken who said this was conclass. Public safety demands no such act at our tradicting the principles of the old constitutional
hands. Something ought to be done, but the doctrines. Circumstances had changed and those
Legislature could increase the rigor of the very principles made it necessary to change our
penal laws. He was willing to increase the legislation. Besides, in the good old times and
rigor of the penal laws if public opinion demand- amongst the pure men of the days of the Constied it, but, (Faid he,) 4'So help me God, I wvill tution, corruption in elections was unknown.never consent to strike down the free right it- These practices, now it seems, admitted so genself."                                     erally to exist, were of later introduction. We
Mr. CHAMBERS was unwilling to remain silent are told to enact penal laws. Well, it has been
and hear different gentleman again and again im- done and the practice is said to increase. And
pute to him and those with whom he had been now, sir, said Mr. C., allow me to say, that if not
acting, motives and reasons utterly at variallce restrained here and elsewhere, the most fearful
with those which governed them. No one here consequences may be apprehended. It was his
was disposed to violate the fundamental princi- deliberate opinion that the greatest danger to be
ples of the Bill of Rights and the Constitution-  apprehended to the perpetuity of this glorious
to shackle the right of freemen to vote. Hebe  Union was from this quarter. If ever an indilieved all desired the same object-the purity of vidual shall be put upon the people as President
elections. Opinions differed as to the mode of of these United States, whothey shall bethoroughsecuring it. Each should adopt this charitable ly satisfied owes his elevation to fraud in the
opinion of the intention of others. The right of election, what disastrous results. may we not exvoting is undoubtedly of vast importance to free- pect from the outbreak of every passion which a
men; and why is it so? Because it enables them  sense of insult and outrage can generate in minds
to select for themselves their political rulers and already excited to the highest degree by political
agents. Hence your Constitution and laws guar- partizanship?  Let us do all we can to correct
antee that the majority of legal voters in a par- even a tendency to such an issue. It is asked,
ticular election shall have those elected for whom  why not vote as well one side of a geographical
they cast their votes. If persons not entitled to line as another? Why, because it will defect the
vote interpose and nullify the effect of legal voice of the bone fide residents and voters to
votes, thisBpledge is forfeited, and your Govern- whom you give the right of election. If a geoors, Congressmen and others, are not the persons graphical line divides two counties in the same
chosen by a majority of the legal voters, but are congressional district, a man must cross that line
put upon them by others not entitled to have a as a resident, six months before an election, to
voice in their selection. Every false vote defeats enable him to vote; but if the geographical line
and disfranchises a legal voter.           which divides two congressional districts runs
It is not true as has been suggested that if a through a county or city, then six hours resiman has a right to vote in one place, he may as dence is to entitle him. Is this agreeable to reawell vote in any place. Where the right of son, consistency or equality?
electing an officer is given to the legal voters of  To make such facilities for fraud is. to invite
a particular district, it is a violation of this right its perpetration. He admitted, the House by reto permit any other than a legal voter to inter- fusing to fill the blank with a longer time, had
fere. lt is objected that the remedy will in diluted the proposition, which in its present form,
some cases deprive persons of the right, who could do but little good. Still it was a step,
ought to vote. Every general rule must produce though a short step, in the right road and he
particular instances of hardship. It was the re- would support this and every other proposition
sult of human imperfection. Yet general rules tending to the great result of purifyinrg the balmust exist. His rule of political morality was, lot-box.
that where an abstract right existed, but owing  Mr. JENIFER, after stating that he had for ten
to particular conditions and circumstances of a days voted aga nst all amendments fixing a term
community, could not be exercised without ne- of residence, advised his friend from Dorchester
cessarily producing greater evil than the good to withdraw his amendment, and let the subresulting from the nexercise of the right would ject come up hereafter.,
compensate, then the right must be restrained.  On motion of Mr. MCHENRY, the Committee
The greatest good for the ijeatest number, was rose and reported progress,
the proper aim and end of our labors. If one  And the Convention adjourned.




43
[Explanation. The view expressed by Mr.    Mr. WILLIAMs moved that there be a call of
DIRlcEsoN, in relation to double voting should the Convention, which was ordered.
read as follows:                              The roll was called and the names of the ab"The chief evil which this amendment is de- sentees were then called.
signed to prevent is that of double voting-to  Mr. BROWN moved that further proceedings on
render it impossible for the same voters todeposit the call be dispensed with. There were, he
their ballots at different polls on the same\ day. said, only two or three members absent which
It had been further urged, that even if persons were known to be in the city.
did not vote in the same ward or district in which  Mr. WILLIAMS. 1 hope they will be sent
they lived-still, provided they voted but once, for.
no harm could result-it being only the expres-  Mr. BRENT of Baltimore city. Well, I withsion of public opinion in the aggregate. But draw the motion.
when this practice is carried into the Congress-  Mr. DORSEY suggested that if a member of the
ional districts in the State or in the Commission- Convention were to fall in the street and break
ers' districts in the county, the crime of such a his arm, he could scarcely come in under the orpractice became exceedingly glaring, tending as der which had been adopted, and report himself
it did to destroy the whole character of our gen- to the Secretary.
eral government as well as our internal political  Mr. BRENT, of Baltimore city, said that if a
institutions and regulations."]1            member broke his arm, or met with any similar
accident, the fact might be stated by any gentleman, and the Convention would, of course, grant
leave of absence.
A pause of some ten minutes followed in the
WEDNESDAY, January 15th, 1851.       proceedings of the Convention, the absent memThe Convention met at 10 o'clock.         bers having been sent for.
Prayer by the Rev. Mr. GRAUFF.              Mr. BrowN then said, that he believed every
The roll of the members was called; and   member was in his place. He would move that
Thejournalof yesterday was read  and ap  further proceedings on the call be dispensed
proved~
~~~~~~~proved. ~Ordered accordingly.
ATTENDANCE OF MEMBERS.              The question then recurred on the motion to
The President announced the unfinished busi- reconsider the vote by which the order of Mr..
ness to be the consideration of the order offered BREN had been adopted and th  vote stood as
yesterday by Mr. DORSEY, and which is in the follows:
following words:.Iffirmative-Messrs. Morgan, Blakistone, Dent,
Ordered, That the rule adopted as to the at- Hopewell, Ricaud, Lee, Chambers of Kent, Mittendance of members of this Convention, shall chell, Donaldson, Dorsey, Wells, Randall, Kent;
not apply to members who shall state that the Sellman, Weems, Dalrymple, Bond, Sollers,
cause of their absence was their necessary atten- Brent of Charles, Merrick, Jenifer, Buchanan,
dance to the business of the Convention.   Bell, Welsh, Chandler, Ridgely, John Dennis,
And the pending question was on the adoption James U. Dennis, Crisfield, Dashiell, Williams,
of the said order.                          Hicks, Hodson, Goldsborough, Phelps, Miller,
Mr. DORSEY said, he should move to lay his McLane, Sprigg, McCubbin, Spencer, Grason,
own order upon the table. He did so in the hope George, Wright, Fooks, Annan, Schley, Davis,
that the members of the Convention might see Waters and Hollyday-49.
the necessity of reconsidering the order which  J.Negative-Messrs. Chapman, President, Sher
had yesterday been adopted.                 wood of Talbot, Colston, Eccleston, Chambers
The order of Mr. DORSEY was laid upon the of Cecil, McCullough, McMaster, Hearn, Shritable.                                     ver, Gaither, Biser, Sappington, Stephenson, McMr. HICKS remarking that he was convinced Henry, Magraw, Nelson, Carter, Thawley, Stewthat no good could result from this order, he art of Caroline, Hardcastle, Gwiqln, Brent of
would move that the vote by which it had been Baltimore city, Ware, Fiery, Johhn Newcomer,
adopted, should be reconsidered.           Harbine, Kilgour, Brewer, Anderson, Weber,
The PRESIDENT stated the question to be on Slicer, Fitzpatrick, Smith, Parke, Shower, Cocthe motion to reconsider the vote by which the key and Brown-37.
following order had been adopted:            So the vote was reconsidered.
Ordered, That on and after Monday next, the  The question then recurred on the adoption of
Secretary shall enter on the journal of each day, the resolution.
the names of all members absent at the call of  Mr. JENIFER. I move to lay the order on the
the roll, without leave, unless they shall on the table.
same day before adjournment, reportthemselves  Mr. BRENT. I call for the yeas and nays..
in person to the Secretary.                  Mr. JENIFER. I withdraw the motion.
Mr. BRENT of Baltimore city, asked the yeas  And the question again recurred on the adopand nays on the motion to reconsider, which tion of the resolution.
were ordered.                                Mr. IVMCLANE offered the amendment which he
Mr. DAVIS called for the reading of the order, had yesterday indicated, to give a retrospective
which was read.                            effect to the order, so that all members who




44
had been absent heretofore should give notice of answer the purpose, hi should follow it up with
their absence to the Secretary, that they might another proposition. He would cease to throw
appear on the same record with other members grass, and would begin to throw stones. He
contemplated by the order.                would offer a resolution to dock the lper diem.
Mr. MCLANE said he had not offered this He saw that gentlemen were absent. He saw
amendment in any light mood, and he did not that they would continue to be so, unless somewish that it should be so considered. He thought thing was done. The gentleman from Cecil had
that the whole affair was out of place, and that referred to the discredit which was brought upon
it ought to have been let alone. He disclaimed the Convention, by these propositions. The
any intention to reflect upon the gentleman who highest and deepest reproach which could be
had introduced the order; but he (Mr. McLANE) brought upon the Convention, would result from
felt that the result of the continued efforts made the failure to present to the people, in consehere was inevitable. They would not only take quence of the absence of members, such a Conaway from the Convention the respect of the stitution as would command their votes.
public, but would in the end, if persisted in, de-  He had introduced this order upon high conprive it of its own respect, and lead to every siderations, as he understood them, and not from
species of disorder. He thought that the true any miserable desire to cater to a morbid appemode was to rely upon the dictates of every tite to cast odium upon this Convention. He
member's conscience and sense of duty, and to was not satisfied with the presence of a quorum
trust to an enlightened community to do them only. The State had a right to the collective
justice. If, however, the Convention was to cast wisdom and votes of the whole body.
a censure upon itself, he hoped that it would not  Mr. MeLANE. I withdraw the amendment
be confined to the future, but that it should be which I offered. It is very possible that its purretrospective also.                       pose may not be understood; and yet it might be
He did not think that any evil had resulted understood as reflecting upon the absence of genfrom the absence of members; and certainly ie tlemen hitherto. I will withdraw it. My moimputed to no gentleman who had been absent tive was entirely different. I believe that no
any motive or intention unworthy of him as a gentlemen who has been absent heretofore,
gentleman or a member of this body; but if any should in any degree be censured for it, and I am
evil had resulted, it had been because the ab- unwilling to do anything which might lead to
sence of members heretofore had obstructed the such a result.
action of the committees and prevented them  So the amendment was withdrawn.
from making their reports. There were mem-  Mr. BROWN said he should have voted against
bers enough to carry on the business of the Con- the proposition of the gentleman from Cecil,
vention every day; and if gentlemen did nothap- (Mr. MCLANE,) and propably with as much propen to be here at the call of the roll, he did not priety as any other member of the body, so far
think that they should, for that reason, be held as the matter of absence was concerned. He
up to public reprobation.  But if it must be so, Mr. B., doubted whether any member, except
let all stand upon the same footing.     those immediately from the City of Annapolis,
Mr. BRENT said he hoped the Convention had been less frequently absent than himself.
would not be induced to retrace the step which But he was willing that "by-gones should be byit had yesterday taken by so decisive a vote. gnes." He thought theadoption of such an order
Why was it that a change had "come over the would be a reflection upon gentlemen.
spirit of its dream' in the course of the night?  Mr. McLANE, (interposing.)  I have withThe operation of the resolution had not yet been drawn it.
tested. How then could the Convention know  Mr. BROWN. I know it. I shall again vote
whether it would be successful or not? It was for the resolution of the gentleman from Baltinot' to go into operation until Monday next. more city, (Mr. BRENT,) because I think we
Whatharm could there be in it? What was have a right to adopt it. We reflect upon nothe resolution? Mr- B. explained its purposes, body, and the punishment contemplated is but a
and proceeded to argue that if a member was slight one. We record the names of those who
called by any necessity, the Convention could, by iare present, but we say nothing about the absenletter or otherwise, be informed of the fact, and tees. I suggest, however, that the gentleman
that the gentleman's own statement of the facts, should allow the resolution to lie on the table
would be taken by the Convention as a sufficient for a short time. Perhaps the very fact of its
excuse.                                   having been offered, may produce beneficial reThe gentleman fiom Cecil, (Mr. McLANE) suits. I think that this body, and especially the
was mistaken if he supposed that that resolution reform portion of it, has a right to complain of
was offered because there had not been a suffi- the continued absence of members from their
cient number of members attending the Commit- seats.
tees. He, Mr. B., had no such consideration in.  Mr. WELtL said, that the effect of the propoviewinofferingthe resolution. He had assigned sition would be to hold up to the reproach of
nothing in the failure of the past (melancholy as their constituents, gentlemen who might be unthat had been) to transact the public business as avoidably detained from their seats; and there
the reason forthe resolution. He looked only to was one great inequality growing out of it sufthe future; and he did not intend to stop here. ficient in itself to cause its rejection. If the rule
If it should be found that this resolution did not was adopted, a member could come into the Con



45
vention, wait until his name was called, go out not; for one, he desired that a Constitution should
and stay out for the rest of the day. Or, he be made with as little delay as possible, and such
might come in one minute before the Convention a Constitution as the people would accept. The
adjourned, report himself present to the Secre- gentleman who had just taken his seat had retary, and thus be recorded as having been pre- marked that if some gentlemen were absent
sent from the commencement of the sitting. And at times, it would be all the better for the Conthus both these gentlemen, neither of whom had vention.
been present for any substantial purpose, were  Mr. JENIFER, (interposing.) I included my.elf.
placed in the same position with gentlemen who  Mr. BRENT. I know you did, and I am wilhad been in attendance during the whole day. ling to include myself also-but that is a matter
There were other reasons which might be urged of taste. I say that every gentleman's constituagainst the adoption of the resolution, but he ents have a right to his full services here.
thought this one sufficient.                 But (Mr. B. proceeded to remark) the gentleMr. JENIFER said, that if the gentleman from  man had said that members should not be bound
Cecil (Mr JMeLANE) had not withdrawn his to sit here all day and listen to dull speeches.
amendment, he (Mr. J.) should have voted for  Mr. JENIFER. There also I included myself.'it, but with tie intention at the same time to  Mr. BRENT. said, gentlemen could walk out at
have voted against both the amendment and the any time they pleased; and the resolution gave
resolution, if the amendment should have been the very liberty that was claimed. Again-the
adopted. He was surprised to hear the declara- gentleman had remarked that he would not retion that the absence of members was the cause cord his name. Let him take that responsibility
of the delay in the public business.       on himself. He (Mr. B.) did not pretend to say,
Mr. BRENT explained that he had not stated that the resolution would work successfully, but
that the past absence of members was the cause at all events he hoped the Convention would try
of the delay.                              it. If any gentleman proposed to draw a distincMr. JENIFER proceeded to remark, that he tion between those who were here all day and
considered it their duty to leave all these mat- those who were not, let him introduce a resolution
ters to their constituents. If it was intended to to that effect. All he (Mr. B.) proposed, was to
inflict an iron rod upon this Convention, and to get gentlemen here who were in the city of Anmake the members sit ldown here and listen to napolis,-not gentlemen who were perhaps a
all the dull speeches that might be made (inclu- thousand miles off. If they were in the city they
ding his own) upon every question, he would not could be sent for, or could be brought here by a
give his sanction to any such proceeding. He call of the Convention.
believed that if members did pair off in twenties  Mr. SOLLRS said, lie was not in his seat yeson some occasions, it would be better for the terday when the question was taken on the resoConvention, and would expedite its motion. He lution of the gentleman from Baltimore city,
thought if some of them (and he enrolled him- (Mr. BRENT,) and if he had been, he should have
self among the number) were sometimes out of voted against it. There were two objections to
their seats it would be all the better. Ie referr- it. In the first place, this whole series of mneaed to the argument of the gentleman whopreceded sures was calculated to bring the Convention into
him (Mr. WELLS) in regard to the unequal op- disrepute with the people of Maryland, and, he
oration of the rtule, and showed how, under its agreed with the gentleman from Cecil, (Mr. Mcoperation, a member might be here at the call of LANE,) that, whilst they did so, they were calcuthe roll on one day-go to altimore —return the lated also to make it lose respect for itself. He
next day, and yet have his name recorded as (Mr. S.) did not see the necessity for the adoppresent on both the days of his absence.    tion of such a resolution.
In regard to the morning hour more especial-  In the second place, it was utterly inadequate
ly, he thought it would be well if most of the to the accomplishment of the object in view.
members were not here, for more time was ta- Were the members of this Convention to be tied,
ken up in the discussion of propositions such as like children by their nurses, to a bed-post with a
these, than in more important matters.  -le re- garter? HIe did not intend to be so-lie was referred, as an example, to the resolution of the sponsible to his constituents alone. The yeas and
gentleman from Batimore city, which had al- nays were taken on every important question,
ready been the subject of debate in two morning j and the people could see who were here and who
hours. Let every gentleman be left to his own were not. He owed responsibility not to the
conscience and to the judgment of his constitn- Convention, but to his constituents alone.
ents. For himself lie must be permitted to say,  But the gentleman who offered the resolution
that if the order was passed he should never re- said, let us try the enforcement. Itwasof no praccord his name, because, when hle went home to tical use to do so. The penalty was insufficient.
his constituents, and when they knew that lie had A member could not be compelled to record hIis
discharged his duty with fidelity, they would not name if he did not choose to do so, and he gave
desire that he should be brought up to the notice thathe, for one, should never choose to do
Secretary's table to record his presence, like a so.
servant who answered to the overseer's call on  Mr. l ARSINE demanded the previous question,
Saturday night.                             but withdrew the motion.
Mr. BRENT said some gentlemen might sup-    Mr. DASHIELL, in order, he said, to accomplish
pose it to be a matter of very little moment the object of the resolution more effectually,
whether tie Convention made a Constitution or moved to amend by adding the following:




46
"And that the absentees hereaftershall not re- according to its provisions, there never had been
ceive their per diem during their absence."  any requirement that a party claiming to vote
Mr. DASHIELL asked the yeas and nays.   should have a residence except in the State and
Mr. JENIFER moved to amend the amendment county. He had yesterday remarked that the
by inserting the words "or who may have been Constitution was formed under circumstances
absent heretofore."                       entirely different from those which now existed,
Mr. DASHIELL accepted the modification.  and he intended also, but omitted to state a fact
Mr. MAGRAW moved further to amend by add- which he should now supply. It was this: When
ing the words "and absentees without leave."  the Constitution was originally made, and as
Mr. DASHIELL accepted this modification also. subsequently modified in 1809, the only geoMr. SOLLERS moved further to amend by em- graphical division in the State, in which votes
bracing a provision, that so much of theperdiem were received, was into counties.  There
of members should be docked, as would be was no instance, he believed, in which citizens
equal to the sum they had received during the of the same county or city, or citizens of
recess.                                   the same district were called upon, or had the
Mr. GRASON moved that the resolution and privilege to vote for a different member of the
amendments be laid upon the table.        Legislature, or a different Senator, or a different
Mr. WEBER call the yeas and nays, which Congressman. Everyman in his county voted at
were ordered, and being taken, resulted as fol- the same election for a representative for his
lows:                                     immediate district and for none other. The re-.Jffirmative-Messrs. Chapman, President, Mor- suit was, therefore, such as had been stated, that
gan, Blakistone, Dent, Hopewell, Lee, Cham- although from district No. 1, in county A, a
bers,of Kent, Donaldson, Dorsey, Randall, Kent, voter might be translated to district No. 2,
Weems, Dalrymple, Bond, Sellers, Brent, of yet he had before him the choice between the
Charles, Merrick, Jenifer, Buchanan, Chandler, same candidates, and whether his vote was cast
Ridgely, Sherwood, of Talbot, Colston, John in one district or the other, the result of the
Dennis, James U. Dennis, Crisfield, Dashiell, election was not changed. He meant to say
Williams, Hodson, Goldsborough, Phelps, Cham- that it was unimportant, that although the voter
bers, of Cecil, McCullough, Miller, McLane, moved over-night out of one district of the
Sprigg, McCubbin, Spencer, Grason, George, county into another, yet that no one was practiWright, McMaster, Heain, Fooks,Biser, Annan, cally injured. In the position he had yesterday
Davis, Kilgour, Waters, Anderson, Hollyday assumed, therefore, he was not going in violaand Fitzpatrick-52.                       tion of any principle of the old Constitution, be-~egative-Messrs. Ricaud, Mitchell, Sellman, cause a change was absolutely necessary to carBell, Welch, Hicks, Eceleston, Shriver, Gaither, ry out the very principles of that instrument,
Sappington, Stephenson, McHenry, Magraw, since the division of one of the counties and the
Nelson, Carter, Thawley, Stewart, of Caroline, City of Baltimore, into different Congressional
Hardcastle, Gwinn, Stewart, of Balto. city, districts.
Brent, of Balto. city, Ware, Jr., Schley, Fiery,  After some conversation between Mr. BOWIE
John Newcomer, Harbine, Brewer, Weber, Sli- and Mr. CHAMBERS,
cer, Smith, Parke, Shower, Cockey and Brown  Mr. Mc LANE resumed the floor.
-33.                                        Mr. McLANE referred to the legislation of
And the resolution and amendments were laid Congress in passing the law establishing the disupon the table.                           trict system, and contended that it was simply a
On motion of Mr. SPENCER the Convention direction to the States to make the elections by
proceeded to the order of the day.        districts, without intending to interfere with the
arrangement of the districts. To do this, ConTHIE ELECTIVE FRANCInSE.      gress had no power under the Constitution of the
The Convention again resolved itself into coin- United States. Their power was to district the
mittee of the whole (Mr. Blakistone in the Chair) States themselves and not to direct the States to
and resumed the consideration of the Report of do it. Their law, however, was acquiesced in
the Committee on the Elective Franchise.  by the States and the subject is not now material.
The pending question was on the motion of Mr. The framers of our original Constitution knew
PHELPS to amend the amendment heretofore offer- that Congress had the right to establish the sysed by Mr. CHAMBERS, of Kent, as a substitute tern of election by districts, and so they left it.
for the first section of the report, by inserting  Considering the question now before the Conafter the words "Howard District," the follow- vention as one of the highest importance, he had
ing:                                      felt it his duty to submit the observations he was
"And five cays in the Election District or about to make. He should embrace the opporWard of the City of Baltimore."           tunity, however, to go beyond the immediate
Mr. McLANE obtained the floor but yielded to question, and to touch on other parts of the reMr. CHAMBERS of Kent, who desired, he said, port. He concurred with the gentleman fromn
to supply an omission which he had inadvertantly Kent in many of his views. There was no quesmade inthe remarks which, without notes or pre- tion of greater importance than the purity of
meditation, he had yesterday submitted to the Con- elections: it lies at the root of our republican invention. Reference had been made to the Con- stitutions. Concurring in this view, with the
stitution as it had existed at the commencement gentleman from Kent, he was willing to go with
of the government, and it had been alleged that him, so far as he could with propriety, any length




47
to effect this object. He would not have now ruin. And they all stand, among the wrecks of
risen to take any part in the debate, but for the time, a's beacon lights to warn those who shall
remark made by the gentleman from Dorchester, come after them. If the statements made here
(Mr. HICKs,) which appeared to be sustained by are true, then our State is corrupt to the core.
the gentleman from Kent, that this is to be re- There has been nothing like it, if true. He did
garded as a test question, and that they who vote not say that it was true and does not believe it.
against this restriction are disposed to throw  But if it is true in any indirect part, it calls for a
away all the guards of the purity of the elective speedy and vigorous remedy; it is too dangerous
franchise. N ow, he begged it to be understood to be cured by homopathic treatment. If the
that he would vote against this amendment, and diseasehas taken such hold in the State; if the
his objection to it is, that it was not an adequate cancer has made such progress overthe body poland appropriate remedy. He would concur in any itic, it becomes our duty to take the knife and
measure which, while it would prevent frauds, cut deep to the root, or our career will be short,
would, in no degree, impair the elective fran- and the time is not far off when we shall be
chise in the hands of those who are entitled to it. stricken down by the iron hand of despotism.
But he could not-vote for a proposition, which,  And what is the remedy for this diseased conwhile it aimed at the prevention of frauds, would dition of the State? He scarcely knew where
also have the effect of restricting the right of vo- to go for an adequate remedy-those proposed
ters legally.                              were not so. The gentleman from Anne Arundel
He deeply regretted the state of things that had would provide a remedy by keeping back from
been represented as existing in this common- the poor foreigner his naturalization papers, or
wealth: because, wherever his earlier lot was preventing him from receiving from others the
cast, he regarded his destiny for the future as fix- expense of procuring them, so that he may be
ed in this State. Until he came to this Conven- prevented from giving a fraudulent vote. This
tion, and heard the statements made by other is certainly homcepathic and unjust treatment.
gentlemen, he had formed no idea of the alleged While excluding two or three foreigners, we shall
extent to which fraud and corruption have been shut out twenty who have an indisputable right
carried. This evil, it would appear, from these to vote. Other remedies have been proposed,
allegations, is, by no means confined to the city all similar in their want of power to effect a
of Baltimore, which has been stigmatized as the cure. In all the suggestions which have been
sink of political iniquity, but has extended to all made there is a greater possibility of punishing
the counties of the State. The facts of double the innocent than deterring the guilty. He would
voting, giving money to purchase votes, giving rather permit foreigners to go into our Courts,
money to obtain naturalization papers, in which and be naturalized gratuitously. That was his
men of character and standing, wealthy individ- remedy. Now the foreigner becomes the tool of
uals, and even official dignitaries are alleged to the person who pays for his papers, and is used
have taken part, appear to be common occurren- by him to further his purposes. Let him have
ces. Who could have been prepared for such a his papers without cost, and he walks forth free
state of things? He was not, and could not cred- and independent.
it it to that extent. Where is the law? Is there  Another remedy looks to the question of resino power to check these outrages?          dence. At present it is necessary that the voter
He then went on to shew that bribery had been shall have resided twelve months in the State,
apprehended in the earlier periods of our histo- and six months in the county. The gentleman
ry, as was evident from the clause in the Con- from Kent says this provision may be evaded.
stitution which relates to that crime. It was We have already the State residence, and the
feared it might reach high places; and the pro- County residence. And now the district resivision in the Constitution was a wise one. The dence is wanted. These districts were established
gentleman from Kent was therefore mistaken merely for the convenience of the people, and not
when he said that corruption was not known to for the better security of theballot box. His remeour fathers, and that they had not provided dy was to abolish the district elections for Comagainst it. The provisions inserted in our Con- missioners, and let the whole County vote for
stitution shew that it was necessary to provide them. This would not convert the district sysagainst its introduction in our Judiciary and Ex- tem, intended for the convenience of the people,
ecutive officers, as well as in the elections. And into an injury.
while these provisions attest the apprehension  The gentleman from Kent says, a man who has
that it might be practised, they also prove in a right to his vote, is deprived of his right when
what abhorence it was held by the framers of an illegal vote is received; and to this he (Mr.
the Constitution. And now we are told publicly McL.) agreed. But what remedy does he prothat bribery prevails at every election, that it pose? He takes away from avoter who moves
pervades every district in the State. If this be from one district into another, the right to vote,
true, it is indeed time that we had a. Convention, because there is a knave standing by him, who
There is nothing like this in England, where we will be admitted to vote, if the honest voter is,
have been accustomed to believe that corruption All the remedies proposed, like this, would unstalks abroad in open day. There is nothing necessarily shackle the right of suffrage, and be
like it in the history of Rome, until she had ineffectual to cure the disease.
reached the zenith of her glory, and then it ap-  He objected to the proposition laid down by
peared and hastened her decline. And so it prep; the gentleman from Kent, that every right that
cipitated the other republics'of antiquity to their must necessarily be abused ought to be qualified,




48
as fraught with mischief if carried out. What opinion has been produced by the strife of pardoes he mean by "necessarily?" He must mean ties, under our conflicting State administrathat when a right becomes very valuable, it will tions. He did not mean to assail one party more
be seized upon by some other than the possessor, than another.  He condemned both parties
and to prevent this, it ought to be taken away. where their conduct merited condemnation. In
And this the gentleman puts forth as a maxim of their eagerness for political ascendency, they
his political morality.                    have not always been careful enough to keep
Mr. CHAMBERS explained. What he said was, on the right side of the line which separates the
that where the practical exercise of an abstract legal from the illegal. The course of corruption
right is accompanied by evils which counterbal- is downward: it begins at the head, and descends
ance the benefits derived from the existence of to the feet. The example of the high, preserves or
the right, it ought to be abandoned. That was corrupts the law. And so it will ever be. We
his morality, and he would stand or fall by it.  shall have a corrupt community in the mass when
Mr. MCLANE resumed. If the right of suffrage the heart or the head is corrupt. When men holdwas an abstract right, what is a practical right? ing high stations become corrupt, we must exThis is a practical right. If it be an abstract pect the mass to be infected. When we see
right, and the mischiefs resulting from its practi- men of wealth and standing contributing their
cal exercise counterbalance the benefits from its means to feed corruption, it is our duty to grapexercise, it is better that itbe abandoned. That )le with them, and shut up the source of the evil.
was the principle of the political morality of the Without the aid of money, there would be no
gentleman from Kent. It was a principle un- corrupt voting.
known to any government, civil or divine. If  The bitter fruit which is produced by the strife
this principle were carried out, the effect would of parties is a corruption which increases until
be that all government must stand still. He then it destroys the institutiois in which it is found.
referred to the principle which was perceptible Such was its fatal influence on the ancient rein the operations of a Divine Providence, which publics. Following their course of corruption
separated the innocent from the guilty, and to their fate will be ours.
the principle of our own penal code, which lays  He referred to the system of gerrymandering
it down as better, that ten guilty should escape which had on several occasions exhibited itself
than that one innocent person shouldbe condemn- in the arrangement of the election districts.
ed. According to the argument of the gentleman This vice originated not in our State; it had its
from Kent, we ought to be deprived of an un- origin elsewhere. But the application of it in
questionable right, because the exercise of that this State has been productive of the colonization
right may lead to great abuses. He could not of voters, which has been so much complained
see how this principle could apply to the elective of. The evil of this principle is the result of the.
franchise, which is, in itself, too valuable to be struggle of the people to extricate themselves
counterbalanced by any imaginable mischiefs. from the condition in which its oppressive operaHe referred to banking operations, which led to tion has placed them. He only stated the fact;
forgeries, where the forger is punished, while the he did not justify it. It would have been better
innocent man is untouched. The liberty of the to wait patientlyuntil it had worked its own overpress was liable to great abuse, because it some- throw. But if you press on any portion of the
times becomes licentious; yet we do not attempt community, it will rise against the pressure.
to restrict that liberty. Formerly, indeed, re- You find a people in the tranquil enjoyment of
straints were imposed on the liberty of the press; a freedom of more than half a century, and by a
and it was attempted to restrain it under a recent single law you destroy it. Were it not that thus
administration in England, and also in this coun- public opinion could rectify the evil which optry. But no one now would attempt to restrict presses it, a more dreadful strife would be enthe liberty of the press as a punishment. This gendered by the weak against the strong.
liberty stands, in importance, side by side, by the  There is one other result, a reference to which
electivefranchise. Instead of restricting its free caused him great pain. Large contributions
action, we are content with punishing those who have been made by wealthv individuals, for the
abuse it. One great principle is, that no man purpose of carrying on elections. be had known
shall be prevented from publishing what he pleas- committees forined in the City of Baltimore, for
es, but such as falsely publish are punished.  the express purpose of collectingo funds, opening
But, he went on to enquire, what are the books, and calling on office-holders and others
causes of the corruption of the ballot-box in this for contributions of ten and twenty dollars each,
State? Let us find out the cause, and apply the for the purpose of defraying the expenses of an
remedy to that. The cause is to be found in the election. A candidate for Goverlior has been
unhealthy condition of public opinion. It is be- assessed as high as $3000 or $4000, and has been
cause public opinion winks at these corruptions told it was for the purpose of defraying the exthat they have grown to their present enormity. penses of the election. Such is the condition of
Unless it is in response to public opinion, we things, that the most respectable men have been
can never make penal laws which will prove required to give their means. And how many
*fficient to check the evil. Public opinion is not are there in this Hall, who can say they are free
healthy on this point. His remedy was to cure from this imputation?
public opinion, and then our penal laws will  Mr. CHAMIBEns. I am free.
prove sufficient. This morbid state of public  Mr. MClANFE resumled, stating that money thus




49
raised has been sent into every part of the State. public opinion, and wise and patriotic men should
He thought all had contributed their means for spare no pains, leave no stone unturned both by
one purpose or other. He himself was not so precept and example, by general education and
free from the charge as the gentleman from  legislation, so to enlighten and improve the
Kent. He admitted that he had contributed to general public sentiment. He united, too, most
the expenses of an election. It was, indeed, so cordially with the honorable gentleman in allcommon a case, that it had ceased to be regarded ing. on the Convention to elevate their minds
as dishonorable among gentlemen. Our only above all subordinate considerations, and come
remedy for this evil is to correct public opinion. up in the spirit of liberalized and enlightened
He would pass laws that would lead to that cor- patriotism, in the true spirit of the Patres Cov,rection and stamp all such conduct as unworthy. scripti of the Commonwealth, to the performance
He would protect the franchise, preserve the in- of the high duties entrusted to them, and to bring
nocent from fraud, and punish the guilty. Hle to the consideration of the great question now
would render bribery infamous, both to the giver under consideration, a proper sense of its deep
and the receiver of a bribe. He knew no other and abiding importance. True, he said, it was
way of securing the purity of the ballot-box. difficult, very difficult, to divest ourselves of the
No law, however, could have a beneficial effect, influences of long cherished associations-the ties
unless it was in response to public opinion, and of habit-and deal with such questions solely with
did not involve the innocent in a common fate reference to their own intrinsic merit-but the
with the guilty.  Any law that punished the end wasat leastworthy ofavigorous effort. Such
legal voter in order to reach the fraudulent, were the infirmities of human nature, that a perwould enlist both in opposition to it, and render feet accomplishment of this object was hardly to
it ineffectual. Would this amendment of a fi  Ale expected, yet an approximation to this good
days residence, effect the object proposed? A  end was certainly to be hoped for.
man disposed to do wrong would find no greater  Sir, said he, what is the question we now have
difficulty in getting over five days, than over a on hand: the regulation of the exercise of the
longer period-such as is provided by a resi- elective franchise and the protection of this most
dence of six and twelve months already in the precious prerogative of freemen from frauds and
laws. He did not expectto purify the ballot box abuses. Could you deal with a graver or more
by such measures as these; it would be just as momentous question to a republican people? It
easy a task to purge society. Frauds of a higher is the foundation stone of the republic-the sheet
character exist; arid when we can reach these anchor of freedom. It should not be touched
great frauds, we may hope to be able to remedy with unholy hands; and the guards and securities
the others. But whilewe leave the greater evils thrown around it should be proportioned to its
unremedied, it is vain to expect that we can ex- inestimable value-and yet gentlemen argue, or
tirpate the smaller.                      seem to argue, that because it is so valuable and
Mr. MERRICK expressed his regret, that con- precious, it must be left unguarded! And here
curring so fully as he did with much the great- is the point of great difference between myself
er part of the general remarks so eloquently and the very distinguished gentleman from Cecil.
made by the honorable gentleman from Cecil, he He has discoursed fluently on the subject of poshould find himself compelled to dissent from the litical morality; upon the baneful effects of party
conclusions to which he had come. Ife was not strife; upon the invaluable nature of the elective
disposed to trespass on the Convention by any franchise; and admits that frauds are, and are
attempt to make a speech in reply, and indeed, likely to be, practised upon the privilege-yet he
were he ever so much disposed to doso, the diffi- proposes no guards to protect us from these
culty he now had of utterance, from a severe cold, frauds, and declares himself averse to the slight
forbade such an effort.                   dditional security which would be given by the
He united most cordially with the honorable pending amendment, requiring only five days
gentleman in deprecating the effects of party previous residence within the district before a
strife here and every where, and the honorable newcomer shall be there entitled to vote.
member could not be more deeply impressed   Mr. Chairman, as I have before said, I am utthan he was with a sense of its past and a dread terly opposed to all improper restrictions upon
of its future influence upon our republican insti- the right of suffrage. 1 have resisted throughout
tutions. He was fully aware that under the ex- all attempts to make inviduous distinctions on
citements engendered by party contentions, many this subject, among classes of our citizens. I
good men would temporarily forget that just have voted steadily against all amendments insense of moral and political duty, by which ordi- tended or tending to impose any other or greater
narily they were actuated; and their evil exam- restrictions upon our naturalized than are impople on such occasions had the fatal tendency of sed upon our native citizens. I am here to adlowering and corrupting the moral tone of the vocate the extension of this sacred right equally
whole community-of producing that unhappy to all our citizens of every age and condition, to
state of public opinion, by which it had or might whom, according to the general judgment and
become to be regarded that in elections almost general sense of the people of the State it should
anything was justifiable which tended to secure be extended; but it must be limited; it must be
the ascendancy of your party, that the end sanc- guarded; it must be protected,-it is too dear,
tified the means. lie agreed too, that the very too valuable to freemen to be trifled with. Some
best means of preventing and correcting these gentlemen have said they were for giving it the
evils was the enlightenment and purification of widest extension. How far would these gentle



50
men extend it? Would they give this right to   "Hope's precious pearl in sorrow's cup,
fiee negroes? Would they give it to all, indis-   Which unmelted at the bottom lay,
crimlinately? What then becomes of the qualifi-  To shine again when all drunk up,
cations of age, sex, residence within the State.  The bitterness shall pass away."
I can consent to no such extension as this-but
my desire is to give to this right as wide an ex-  Yes, sir; reliance upon this, if its purity be pretension as prudently and safely we can, and to served, will calm their angry passions, will sooth
secure to all to whom the right now is by law or their troubled breasts. They will submit to precan safely be given, as full,free, and untrammell- sent defeat, and trust to reason to bring about
ed exercise of this invaluable right as is consistent convictions of right in the minds of their fellow
with its preservation and the purity of the ballot citizens at a subsequent trial of strength in this
box. The gentleman says we cannot fully guard peaceful mode. But let frauds and corruptions
against-the abuses complained of, that the remedy creep in; let freemen be unjustly deprived of
proposed is inadequate. Admitted; but what their rights in this particular; let the decisions of
then? Does it follow because we cannot do all  our ballot-box be rendered false and polluted,
we desire, that therefore we are to do nothing? and the beauty of that pearl is lost; its lustre is
Are we to conclude, because we are imperfect gone-gone and forever; and with it dies theihopes
by nature and can in nothing attain perfection-  of freemen and of freedom. Guard it then, and
that we are therefore not to endeavor to approxi- guard it well, 1 implore you.
mate to it? I am of a very different opinion,  Reference had been made, by the honorable
and think we should do all we can, to save gentleman from Cecil, to the act of Congress reand protect ourselves and the freemen of Mary- quiring members of Congress to be elected by
land, and then bear the lessened evils which we single districts throughout the United States; and
cannot remedy.                              the oonstitutionality of that law had been quesMr. MERRICK said it was too true, as had tioned. He (Mr. MERRICK) was a member of
been- said, party strifes and political corruptions Congress at the time that law was passed; and he
had led and were likely to lead to the destruction knew, plain asthe language of'the Constitution
of republican institutions. They had produced appeared to him to be, which conferred the powthe downfal of all that had gone before us, and er, the constitutionality of that exercise of the
their warning voice sounded in our ears to guard power, was questioned at the time. It was made
ourselves from a similar impending fate. "' The a party question of-one party contending for the
price of liberty, we all knew, was perpetualvigi- power as exercised, and the other contending
lance."  It becomes us, then, the chosen agents that Congress could not require the elections to
of the free people of Maryland, clothed with the be held in the States by districts without themhigh power of framing a new compact of Gov- selves marking out the districts. The majority
eminent for them and their posterity, now espe- in both Houses of Congress thought otherwise,
cially to exercise that vigilance and to engraft and the law was passed as it now stands on the
into that compact all the appropriate safeguards Statute books. Party spirit ran high; and for a
to that liberty which our united wisdom could time the defeated party manifested a spirit of dedevise. Nothing was dearer, nothing more pre- termined resistance to the law. But as soon as
cious in the eyes of a freepeople, than the elec- the passions and excitement of the hour had subtive franchise. It was the life-giving principle sided and reason resumed her throne;in the pubof republics, and not less dearly cherished by lie mind, the law was carried into'effect in every
freemen, than the ruddy drops which warm their part of the Union; there was a general acquieshearts. Protect it then-preserve it in its purity. ence under its provisions, and the members of
We have had many violent party contentions; Congress are now every where elected by single
but violent as these have been, they are nothing districts. This had occasioned the necessity for
compared with what we are reasonably to ex- re-arranging the Congressional districts in Marypect will arise in the distant future. The Con- land, and the consequent division of some of the
stitution we now make is to operate for good or counties and the city of Baltimore, and the atfor evil upon that future. Its effects-its work- tachment of parts of each to different districts
ing-are to be felt when we who make it-when for the election of Congressmen. Up to that
the parties of the present day and all who coin- time the requirement of a certain length of prepose them, shall have passed away and been vious residence within the district as a qualificaforgotten. Nothingwe can do is to be of greater tion of the voter, was not so necessary, because
effect, than the means devised for the preserva- the county and city limits had been always retion of the purity of the ballot-box. While that spected, and the qualification of six -months prepurity shall be preserved, all will be safe, and vious residence within the county or city was
upon it and its efficiency our habit now is, and considered sufficient; but since this new division,
this habit will grow and strengthen with our the former requirement of six months residence
growth, to repose with confident security. Thus has been found not to answer:the purpose designthe ballot-box, if pure, has been found and will ed by it in the district-to form which,' counties
be found in future, to be the reliance of all good and the city are divided. And more than that, it
republicans for a redress of grievances, and.to does not operate equally and alike upon all the
supercede the necessity of all appeals to violence, citizens of the State. In this way, every man
It has been and it will be to all defeated parties, having the other qualifications, is entitled, under
even when writhing and chafing under the morti- the law, to vote:at all elections in the county or
fication of recent defeat,                  city where e h  as resided for the last preceding




51
six months. Different parts of the city of Balti-  Mr. iSPrNCER said he had very briefly,-on yesmore now compose one entire Congressional dis- terIday, expressed his opposition to the amendtrict, and the other a portion of another Congres- ment under consideration. He did so, at the
sional district. A citizen of that city, then, (no time, in consequence of members having imputfixed duration of residence being required, in mi- ed to those who voted against it, an indisposition
grating from district to district within the same to preserve the purity of the ballot box. He
county or city,) can acquire the right of voting had, at a very early period, offered resolutions
in tie district in which he has not before resided, tO this Convention, which afforded indisputable
though it be for arepresentative of a different peo- evidence of his feelings on that subject. He
ple from those with whom he has before resided, now rose to notify this body of his intention, at
by passing over the line separating the two dis- the proper place, to offer the following amendtricts only a few hours before the election; whilst ments, which he read. as follows:
another citizen of the State, equally entitled to  "Insert after the second section, the followthe right of suffrage, but an inhabitant of another ingc additional sections:
county, cannot come into the same district and       3 That every person who shall be
acquire the right of voting without a previous  ted to any ofice whatever, at any election
residence of six months. This is unjust. But to a            e  h     te, o 
the worst feature is, the facility it gives to the tall e appolein to any office whatevr in said
perpetration of frauds on the elective franchise, t   hereafter shall, before he enters upon the
under the system known by the name of "1 colo- State hereafter, shall, beforel he enters upon the
under the system known by the name of" colo- dutie of the ofice to which he may be elected
sliiing oters "-which facility, it is said, is es- duties of the office to which he may be elected
nizing voters "-which facility, it is said, is ex- o appoiited, first take and subscribe the followtensively availed of. And it is this great evil we   oath if it conscientiously scrupulous, aid
propose, in some measure, to correct by the ing  h c  affiration)scienio   scruone of the
pending amendment it is not perfect I knowin such case, affirmation) before some one of the
pending amendment. It is not perfect I know, Jd     o t e Court of Appeals of this Statebut it is better than nothing; and the best, it seems   o                   i 
from the previous votes of the Convention, we can  "I -   do solemnly swear, that I have not
now obtain. It will answer to some degree, the at any election held in this State since the ratifiobject of requiring the six months previous resi- cation of the new Constitution of this State, or
dence within the counties, which I take it mulst ill any manner violated the provisions of the sehave been in part, at least, to arm the resident cond section of the new Constitution relating to
legal voters with the, means of protecting them- bribery, and that I have not procured or induced,
selves from the perpetration of such frauds upon by any means, any individual or individuals to
this their dearest of political rights. By a pre- vote at any such election in violation of the previous residence among the people entitled to vote visions contained in the first section of said Conat an election, the person claiming that right be- stitution relating to the age and residence of vocomes knowni and his right or the absence of it, is ters."
of easier proof by those disposed to guard the pu-  And any person who shall swear falsely in the
rity of this franchise, and does not, therefore, de- premises, shall be guilty of perjury, and on conpend exclusively upon statements or proof de- viction in due course of law, subject to all its
rived from the claimant himself.            pains and penalties.
This five days does not, I admit, take away the  S. 4. That te Jude before whom such
inequality of the operations of the present sys-   af   at    hll be    e   shl    us
tem, as regards the citizens of other counties, nor th  e t be subscribed by te perso so swearis the means of self-protection it affords to the 
resident voters of the district perfect; but it is  g  affirming, ia book to be by him kept for
much better. than nothing., and will prove d very such purpose, a duplicate of which said oath or
much~ better. than nothiing~,:and will prove a very I
affirmation, as the case may be, he shall transgreat impediment in the way of the perpetration  lm      the case yourt of Appeals  this
ofthe speciesof fraud complained of. Mr. MER- nit to the Clerk of the Court of Appeals of this
State, w   ith the name of the individual who took
RICK added,:he would have said much more, but  nd subscribed the same, designating the ofce too
he really felt he. was. physically unable.   ard subscribed the same, designating the office to
he really felt he was physically unable.                been elected o appointed, to e by
Mr. PRESSTaMAN stated that it had been helecd by                   appointed, t  to de by
the judges in Baltimore,.that no man is entitled to e d in a boork  to be by tsh   bept for suc
vote in a ward unless he goes to reside, previous- e  cordd       t        e   t or 
ly, in the ward, with a boic fie intentio  to re-purpose, among the records of the said Court of
ly, in the ward,. with a bens fide intention to re- pups
main there. He must be a resident of the ward Appeals, a certified copy of which said oath or
allirmation, by ihe said Judge under his seal] or,
at the time of the election.                 tiratio, by he said Judge    erder his
Mr. CHAIBERs.    For how long before t    of th e said duplicate by the id Clerk under hi
For Ilow  l   belection e?  t  seal of office shall be had, taken and received
election?
as evidence  in any of the Courts of this State,
the day before.
the day before..    having criminal jurisdiction.
Mr. CHAMBERS. And may leave the day af-     Mr. CHAMNlsBrs asked permission of the gentleter-a bona fide intention to remain one day and man to state the fact, that the committee had a
go away the next.                          meeting yesterday, at which the principle of the
Mr. PRESSTMAN.. Could any reasonable man amendment now suggested by the gentlemen from
consider that as a bona fide intention to reside Queen Anne's was agreed to. iHe had been exthere?                                     pected to reduce it to form, and present it as a
Mr. MERRICK. Yes, the voter must have a supplementary report.  It would be reported to
bona fide intention to remain one day.      the Convention as soon as he could prepare it.




52
He would only add, that the committee were pre- their quarter to the day of election. It was not
pared to act on the subject.              just to deprive this class of citizens of their rights
Mr. SPENCER expressed his gratification that by imposing such restrictions. It was not propthe committee had come to such a conclusion. erto deprive an honest man of his rights of sufHe had not seen or read the provisions from the frage, because another abuses it. There is no
committee, and his course would not, therefore, reason why a just and honest man should not
be changed.                                vote, because dishonest men abuse the same high
He here read another of his proposed amend- privilege. And yet, this is the excuse given
ments, as follows:                        for such a measure, by the gentleman from Kent,
Sec. 5. That the Governor of this State shall and others. The morals of such a sentiment
under no circumstances grant a nolle prosequi to cannot be appreciated. They rest upon no auany person, who may be prosecuted in due course thority derived from any school in ethics.
of law in any of the courts of this State, for any  It is alleged that the object was to prevent
violation of the second Section of this Constitu- the colonizing of voters. It would-have no such
tion, nor shall he grant a pardon to any person effect. Colonizing would be conducted on a
who may be convicted in due course of law, as more extensive and demoralizing scale. It is
aforesaid, for any such violation, unless he is no newthing in Maryland., Many years ago,
satisfied that the said prosecution was malicious, under the old divisions of party, as he had underunfounded and untrue.                     stood, and the gentleman from Kent,(Mr. CHAMThese amendments would show that so far as RERS,) he supposed, knew of the fact, voters
lie was concerned, he was anxious to preserve were colonized in Kent for six months, previous
the purity of the ballot hox, by preventing bribe- to an election.
ry or the colonizing of voters. On these, and the  Mr. CHAMBERS, interposing, observed the genremedies suggested by the gentleman from Cecil tieman then resided in the county.
(Mr. McLANE) and a proper tone in public mor-  Mr. SPENCER. Yes-he was then a boy,
als will rest our security against the corruption but the gentleman was a leader of the party
of the elective franchise. It is not right or just which was reported to be engaged in the matter.
to attribute them to the humble,the uninformed, It was said that a factory was established in
the poor. They originate in more elevated Chestertown for the purpose of manufacturing,
sources and flow from a higher fountain-from  voters.
those who occupy seats of power and who are  Mr. CHAMBERS in explanation said a factory
distinguished by wealth and station.  Official was established by a company, and he was a
dignitaries have connived at, encouraged and of- stockholder in it, but it had no relation to the
ten taken the lead in them. Thehumble instru  elections, as the gentleman supposed.:
ment is not as much to be blamed,as the tempter  Mr. SPENCER was about to reply, when Mr.
who, taking advantage of his necessities, seduces BRENT of Baltimore, called the gentleman to orhim by his alluring bribe. Men of the highest der, they being engaged in a colloquem, which
talent and education in the State are implicated. was irregular.
It is well known that committees are appointed  Mr. SPENCER resumed and went on to say, that
and money raised to immense amounts, for the we could gain nothing by adopting the five days
purpose of controling the elections, by buying system. The only effect would be that voters
and colonizing voters. Committees to carry out would be colonized for five days, instead of six
purposes so discredible are raised. We must months; and during those five days the grossest
strike down this evil, in order to arrest the dis- corruption will be practised, and the largest purse
ease. We must interpose barriers which will will win the victory. We have had in this State
prevent our public men from engaging in the proof in abundance of the power of money to
corrupting schemes which are resorted to at corrupt and destroy; and if we adopt this restricelections. It will not do to impose restrictions tion, we must expect to see a flood of corruption
upon the right of suffrage. That right is too sa- inundating the State. You can never expect to
cred. If the amendment proposed is adopted, see the ballot-box purified, until the money
it will operate most unjustly and oppressively temptation can be checked. It can never be effecupon the laboring classes. It will effectually ted by bearing down upon the poor and humble
strike down the right of many humble and hon- man, whose poverty lays him open to temptation.
est men every where, throughout the State, Let the humble be uninterrupted in their enjoywhilst it will inflict no punishment on official ment of the right of suffrage; and adopt the princriminals. In the city of Baltimore it will work ciple that no man shall be allowed to hold office,
particularly hard. Our elections for State pur- until he shall lave purified himself, on oath, from
poses occur early in October, the first Wednes- all suspicion of having been guilty of bribery or
day, and we have heard no intimation that the corruption. Some gentlemen admit that they
time will be changed. Hundreds of the honest had contributed to election expenses. Would
laboring'classes in that city, men who have not these gentlemen, if elected to high office, put
the substancetoenablethem toprocurepermanent their hands to the book. He believed there was
residences, rent by the quarter, which will expire no marm here, who would perpetrate so palpable
on the first day of October. If you pass this re- an outrage on the laws of God and man. Canstriction, and their necessities, business or con- didat ss for office would not, could not, directly
venience require them to move into another or indirectly, engage in frauds and corruptions.
ward, they will lose their votes. Five days They would not give money to buy or colonize
will not have elapsed from the termination of voters.. Nor could their friends do so for therm.




53
It would be impossible for it to be done, without! was restricted in the early period of the Governthe knowledge of the aspirants for office. And ment. And if it should be the desire of the peoif it could, by possibility, be done  with- ple to restrict it now, they have a right. But is
out such knowledge, it would necessarily bring it expedient? He held it to be inexpedient, and
tihe person so elected, into suspicion and disre- impolitic. He held that every man should have
pute. But, besides this, each and every man in a right to vote. This was the position on which
the community will know, that though he may he stood. He wiould never consent to trench on
not for the time be a candidate, yet the time may I the right of suffrage. He would vote against
conme, when he may desire to hold an office, all restrictions, except those which are already
by election or otherwise. The oath of qual- in the Constitution. He, as he had heretofore
iiication will forever stare him in the face. said, had seen great injustice practised under the
He will ever remember that any violation of restrictions as they now existed. An election
the law, in any form, or by any means, either in rarely occurred, at which legal voters were not
buying or colonizing voters, willoperate aperpe- rejected, by the judges of elections, urged
tual bar to his success. To cover it, he will have by men who stood at their backs, and who
to perjure himself, with all its consequences of knew better. Who knew, at the time, they
exposure, and with all its pains and penalties, in- were doing an act of injustice. Voters were
flicted by God and man. He would enter upon often rejected, for partizan purposes, as well on
his office with a violated and wounded conscience the ground of residence as age, whose right to
and with the harrassing terror of expected ex- vote was beyond question. Other restrictions
posure.                                   will inflict greater evils.
Every argument which had been advanced in  Mr. DxvIS said that after the able and elofavor of restriction, had been answered already? quent speeches which had been made, he only
He referred to the fact of the obtaining of the rose to state a fact. It is well known that the
right to vote at Baltimore, by sleeping there one  reat question of Reform  had its origin in
night, and was about to remark on it, when  Frederick county; that not being able to obtain
Mr. MERRICK interposed a remark. While a a convention to revise the Constitution, that
man moving from one ward to another, may re- county set about the work in her own limits
quire the right to vote in six hours, you and I through the legislation of the State. In doing
could not obtain it without a residence of six so, she set an example worthy of the/imitation
months.                                    of this Convention.: In 1838, she petitioned the
Mr. PaRss'rMAN. Should it so happen that a Legislature for a change in the mode of electing
different arrangement of the districts was to be the members of the Levy Court, from the Govmade, the same evil would occur. What differ- ernor to an election by the people. The county
ence did it make in the right to vote, whether a was divided into three Levy Court districts, and,
man lived on one side the street or the other? as a qualification for voters tovote for members
Besides, the gentlemen, if he lost his vote, would of the Levy Court, it was provided by chapter
do so voluntarily, by leaving his county, where 261, section III, "that the voters in each Levy
lie had a right to vote.                  Court district in said county, who shall be qualiMr. SPENCER. The gentleman from Balti- fled to vote for delegates to the General Assemmore, had given the true construction of the bly, and shall have resided six months in said
law.  The residence in the ward or dis- Levy Court district in which they shall offer to
trict, must be real and not fictitious.  Sleep- vote, shall be entitled to vote for as many pering would not afford evidence  of the fact. sons in said district as Justices of the Levy Court
It depended on affbrd e ide intention. His in said county as hereinbefore assigned to such
It depended on a bona fide intention. Hiis district."
exposition was received with a smile.  He district."
put it to the gentleman from Kent, whose smiele re ference to           theo  of te House of
he had noticed, to say whether, if as a judge, a Delegates of that session, he found that his honcase came mebefore hlim, the evidence of which orable fiend, Mr. BISER then before him, and
Mr. Sc.HLEY, now a'-member of this Convention
showed that the party had sworn, that he went Mr. SCWLEYa now a  wmember of this Conventioe
bota fide to reside in a ward, or district, when from Washington county were then Delegates
the evidence proved, that he only slept a nightfo Frederick county to the General Assembly.
and left it, the next day, he would not inflict Mr. SCHLEY reported the bill above referred to;
punishment on him?                       and although he had been unable to trace the
vote upon that bill, he found that Mr. BISEaR
Mr. CHAimBEit. If a jury convicted him, I had introduced another bill to abolish the Conwould send him to the Penitentiary.       missioners of Tax and refer their duties to this
Mr. SPENCER. And would not any intelligent same Levy Court, with the restriction of the six
jury convict'l                             months residence as provided for in the said bill.
MIr. CHns&ABiER.'They ought to do so.  The people in Frederick appeared to be so muchl
Mr. SPENCER. The gentleman from Kent had in love with this system, that upon an enlargeanswered. If a man swears he went with a ment of the number of Levy Court districts in
bozajfide intention to reside, and then went away 1844, from three to five, it was provided by
the next day, lie would be guilty of perjury. chapter one hundred and ninety-two, section
And how shall we be benefited by substituting five, "that every voter in each of the Levy Court
five nights for one night. If he would perjure districts as described in the the third section of
himself in one case, le would in another.  the act, who shall be qualified to vote for DeleHe went on to state that the right of suffrage gates to the General Assembly,and who shall have




54
resided at least six months next preceding the at the'same election. He preferred that every
election in the Levy Court district in which he candidate should represent numbers rather than
may offer to vote, shall in such Levy Court dis- territory. Baltimore city formed two Congrestrict, be entitled to vote," &c.           sional districts, and a voter could remove from
And on reference to the journal of the House, one district to the other, and vote in his new
he found in addition to the gentlemen already residence without the limitation of six months
named, that Mr. BowiE of Prince Georges, was residence, which is required in removals from one
then a member; and it no where appeared that Congressional district consisting of counties, to
he had raised his voice against the oppression, another consisting of counties. So the county,
wrong, and injustice done to the people of Fred- of Anne Arundel is divided into two Congreserick county by this restriction which he now  sional districts, and a voter could remove from
thought would be the result of the smallest re- Anne Arundel proper, into Howard district of
striction imposed.                         the county, and vote there without previous reMr. BOWIE interposed. It was for Frederick sidence.
county only.                                 Mr. DORSEY said it had always been held that
Mr. DAVIS presumed his friend would as soon voters so removing could not vote immediately,
raise his voice against oppression in Frederick ad they had been always excluded.
county, as in Prince George's county. He commended this wholesome example of the Reform-  Mr. BRENT, resuming, said he could not see
ers of Frederick county to the grave attention how that was unless by the terms of the special
~of this Convention.  ~act separating Howard district from Anne ArunMr. sPENCER said Governor GRASON had just del county, for judicial and municipal purposes.
Neither the Constitution nor the election laws.
been elected Governor, and this was the action  Neit   the Consttution nor tie election ls
of the Whigs to deprive him of the pti onage.  vwould justify such exclusion. If we adopt these
Mr. DAVIS said it wasd well known as a matter isolated cases as a rule of action, rather than the
of history, that the politics of Frederick county genelal condition of things, then we must carry
MrHs. D AVIS said it was well nown as a mattergeneral condition  of thing s, then we  must carry
have vacillated with the returning season of ai- out the principle whereon the distinction is
otevery iyeatrd  Aid alltheough it may then have found. But if a resident of Baltimore is to forobeen a W    easure Analthe Demorats siene hade feit his right to vote, becatue he has changed his
ward two or three times before an election, or
had the powerto changet it. o But so satisfactory wari two o threa county bec e  hals releciono
was its operation, that it was still to be found a citizen of a county because he has removed
on the Statute Book.                       from one election district to another, it is disMr. BIsER said, the genthlemian from Montgomll- franichisement of a legal voter, for no other reawry had heldd  tup Frederick as the  reat Reformson than that his admission to vote may open the
couhnty.  He thanked  him   r  te miment way for colonization of voters from  district to
which he properly appreciated. He was sorry district, or ward to ward, for election purposes
it was not Montgomery. He had himself intro- oly. What right have we to do this 
duced a bill in the House of Delegates to nake  e then referred to tie roving character of a
the election by general ticket. It was rejected portion of the population of Baltimore, living by
in the House. In 1838, when the gentleman daily labor, where they could obtain it, from
from Qteen Ann's was Governor, he was not in Fell's Poiit to the Western limits of the city,
the House.   A gentleman from Washington working and living in one ward to-day, and ancounty introduced a bill, the effect of which other to-morrow. They ale citizens of Baltiwould have been to strangle the strength of the more, and if they come to vote in the ward in
county. The vacillation ofFrederick wasin con- which they are employed, it would be gross irsequence of the policy adopted by the Whigs.  justice to disfranchise them.
Loud cries for the "question."             He then replied to some of the remarks of the,
Mr. JENIEI:R (to whom the floor had been gentleman from  Kent, (Mr. CHAnMBERS) as to,
awarded,) said that le had not risen to make a tie effect on party candidates, which might be
speech, but to give notice of his intention to ef- produced by voters changing their Congressional
feetthe very object which gentlemen who called district, and voting without the required resifor the'question" were so anxious to attain. dence, a ground on whlich the action of this ConHe notified the Convention that he should to- vention ought not to be based. But even adoptmorrow morning move a resolution, providing ing this view, no harm could result from obtaining
that the vote be taken on the amendments to this a full expression of public opinion among the
article at two o'clock.                    legal voters. The gentleman from  Kent said
Mr. BRENT, of Baltimore city, made a that this restriction, as to residence inwards and
brief explanation. It had been said that he had districts, was not in the old Constitution, because
justified what is called the colonization of voters. colonization was then lnknown. Mr. B. said he
tie had Inot done so. He had said that in general was not old enough to speak of those times, but
elections, the voter might cast his vote wherever he had heard old men say that party spirit was
he chose, in the election district, so that he gave fiercer then than now, and frauds were every
but one vote, as the result would be the same. where practised.
He thought in the election of County Commis-,  If the argument of the gentleman fromn Kelt
sioners, the general ticket system  the fatirest, was good, what is to become of Dorchester
and therefore the bona fide removal of voters county, one of whose delegates (Mr. HicKs)
from one election districtto another, shouldbe un- stated that when he was about to challenge an
restricted, except that they should only vote once illegal voter, a friend whispered " let him alone,




515
he votes the right ticket," and the man voted propriety of their adoption. The Convention
without objection?                        should bear in mind that it was not engaged in
Mr. HICKS explained, stating that it was too the mere ordinary business of legislation, but in
late to stop the voter, when he was about to at- the formation of an organic law which might entempt it.                                 dure for ages.
Mr. BRENT expressed his gratification that the  Mr. JENIFER. I modify my resolution so as
gentleman could acquit himself from the impli- to make it applicable exclusively to the first seccation which others had understood him to ad- tion.
mit. But were the honest voters of Dochester  Mr. PHELPS. Then I have no objection to
county to be disfranchised because some of its its adoption.
citizens winked at such frauds? He hoped not,  Mr. DORSEY said, he confessed he did not exand he would never consent to such a principle.  pect that any such proposition as this would be
Mr. RICAUD moved that the Committee rise.  adopted, although the gentleman from Charles
Mr. STEWART, of Caroline, asked the yeas and (Mr. JENIFER) had yesterday intimated his innays.                                     tention to offer it. It would certainly operate
Mr. BowIE. Does the gentleman ask the yeas unfairly upon those members of the body who
and nays on the motion that the Committee desired to express their sentiments, but who, not
rise?                                    possessing the agility and activity of some others,
Mr. STEWVART. I will explain my reasons.  were not always able to obtain the recognition
The CHAIRMAN interposing. In the opinion of of the Chair. He thought it due to the very
the Chair, a motion that the Committee rise, is important nature of the subject under discussion,
in the nature of a motion to adjourn, and is not that the amplest opportunity should be given to
therefore debateable.                     gentlemen on all sides of the Convention to exMr. RICAID.   I hope that the Committee press their views. Especially important was it
will rise.                                that gentlemen should have the opportunity to
The CHAIRMAN. The Chair cannot entertain answer some of the new views and arguments
any debate.                               which had recently been thrown out, so that theThe yeas and nays were refused.         discussion might not be confined altogether to,
The Committee then rose and reported pro- one side of the question. The proposition regress,                                    minded him of a story he had heard of a GerAnd the Convention adjourned,           man living somewhere in the upper counties, who
offered up a prayer something in this form:
God bless me and my wife,
THURSDAY, Jan. 16, 1851.            My son and   wife;
Them fourPrayer by the Rev. Mr. GRAUFF.                  And no more!     (Laughter.)
The roll having been called, and a quorum
being present, the journal of yesterday was read  Mr. JENIFER (Mr. DORSEY yielding the floor)
and approved.                             said, he would furtheri amend the resolution by
DEBATE ON T  ELECTIVE       confining its operation to those gentlemen who
DEBATE ON THE ELECTIYE FRANCHISE.
had already spoken.
Mr. JENIFER offered a resolution, remarking  Mr. DoRsEY, (continuing.) Subjectshavebeen
that he thought its adoption could not fail to be discussed in the speeches of several gentlemen,
attended with beneficial results.         to which no opportunity for reply has been given.
The resolution was read as follows:        The President interposed, and indicated his
Resolved, That a'l debate in committee of the  judgment that the amendment last proposed by
whole upon the first section of the report of the the gentleman from Charles, conflicted with one
committee on Elective Franchise, shall cease  of the standing rules of the body, and it was not,
this day at one o'clock, and the committee of therefore, in order.
the whole shall then proceed to vote upon the  Mr. WEBER (to Mr. JENIFER.) Did the genamendments then pending, or which may be of- tleman so modify his resolution as to make it
fered,-and five minutes may be allowed to any  applicable to the first section only?
member to explain any amendment which he may  Mr. JENIFER. I did.
offer.                                   | Mr. WEBER. I then move to amend the resoMr. PHELPS inquired whether.the terms of the I lution by restoring it to its original form. The
resolution did not'preclude debate on all the sec- object of going into committee of the whole was
tions of the report of the committee? The com- to take into consideration, at one and the same
mittee of the whole was now engaged in the con- time, the whole subject matter of the report. The
sideration of the.first section. The whole debate gentlemen who have taken part in the discussion
for some days past had been confined to that have traveled over the entire ground.  They
section; and if this order should be adopted, de- have not confined themselves to any proposed
bate would be cut oft on such amendments as amendment-but have discussed, generally, and
might be offered to the other sections. He had freely, the various abuses and corruptions which
no disposition to delay the action of the Conven- are said to prevail in connection with the election, but he thought that the greatest latitude tive franchise, and the remedies which they
ought to be afforded for amendments to the other deemed most appropriate to them.
sections and for enforcing by explanation the  We have been in committee on this report,




56
since the recess. It was thought that but little agreed to. If it affected any particular gentletime would be occupied in its discussion. Mat- man injuriously, that was his misfortune; the
ters more important remain to be acted upon; general result of the proposition would be wholeand if we are to occupy one, two, nay three some and effective.
weeks upon this report, the same delay in the  Mr. B.LAISTONE (who, under the invitation of
consideration of other things will take place; and the President, has presided over the deliberations
thus a month may elapse before we reach a of the committee, whilst the subjectof the Elecquestion which was made the order of the day tive Franchise has been under consideration.)
for yesterday. I mean the report from the com- rose, he said, for the purpose of putting l)imself
mittee on representation. 1 hope gentlemen right before the Convention, for he understood
may see the necessity of bringing this discussion this to be an indictment against him.
to a close, but that some few hours may be al-  The President (interposing.) The Chair would
lowed for the benefit of those gentlemen who not entertain any indictment against the gentlehave not yet been heard. After that, let us stop man.
the general debate, and, five minutes being re-  Mr. BLAKISTONE. I appreciate the courtesy
served for explanations, all the time that ought of the Chair. I am aware that no idea of the kind
now to be given will be extended.          was entertained, but I speak of the effect of the
Mr. DORSEY regarded this subject as one of the remarks that have been made by the gentleman
gravest matters that could engage the considera- from Baltimore county, (Mr. RIDGE.LY.)
tion of the Convention, and thought that an undue  Mr. RIDGELY.  Certainly, I had no intention
advantage wouldbe taken if gentlemen were not to reflect upon the gentleman.
permitted to reply to the new facts and argu-  Mr. BLAKISTONE. I am sure of that. I speak
ments which had been brought forward. If the only of the effect of the gentleman's observations.
Convention would exclude the views of mem- Mr. B. proceeded to remark on the proper conbers in this way, and hear only those of one side, struction of the rule governing debate jin Comhe supposed he must submit.                mittee of the Whole, and to claim that his adMr. BRENT, of Baltimore city. I have myself ministration of the duties of the Chair had been
spoken two or three times on this report. I do marked by a strict adherence to its requirements;
not desire to speak again. It is no wish of mine and if he had not discharged the duties of the
to prevent gentlemen who have not spoken, from  Chair faithfully and impartially, then, lie said,
addressing the Convention; but only those who let the President of the Convention note the
have already been heard.  I am, therefore, in fault and substitute for me some gentlemanl who
favor of the amendment of the gentleman from  may be exempt from a similar fault.
Charles.                                     Mr. BROWN. We will not let the President
The President explained that the Chair had supply your place.
ruled that amendment out of order, and stated  Mr. BLAKISTONE, in some further remarks. exthe reasons for the decision.              pressed his belief that all propositions of this
Mr. BRENT. Well, sir, I can only say, I hope kind did but protract the action of the Conventhe Convention will put a stop to this debate. If tion. Let full latitude of debate be allowed; let
it is to be prolonged until all the new views and gentlemen be satisfied that they had discharged
arguments which may strike the minds of mem- their duty to their constituents by a fair and
bers, shall be delivered and answered, it is easy frank expression of their will, and they would
to see that final action on the report will be post- then be ready to vote. He desired, himself, to
poned for an indefinite period of time.    express his views, but was prohibited by the poMr. RIDGELI enquired of the President, what sition which had been assigned to him. He hoped
was the state of the question?            the proposition would not prevail.
The President explained.                   Mr. DORSEY. Upon the question before the
Mr. RIDGELY. It is necessary that something committee of filling theblanklin the amendment
should be done to prevent the time of this body with five days, I have never expressed my views
being occupied for an interminable period by nor spoken a wprd.
some half dozen of its members, to the exclusion  The question was then stated to be on the
of all others. I am as ready and willing to lis- motion of Mr. WEBER to strike out from the
ten to gentlemen as any other member of the resolution the words "first section,"so as to make
Convention, but I protest against its time being it applicable to the entire report of the Commitmonopolised by a few. We have a rule extend- tee.
ing to every gentleman the right to express his  Mr. SPENCER hoped the amendment would
sentiments, and that rule is constantly violated not prevail for this reason, he said, among
by members speaking three or four times.  others, that he had indicated his intention to ofMr. BOWI.. Enforce your rule, then.     fer certain amendments which would lead to deMr. RIDGELY (apparently not hearing the in- bate, and which had never been touched at all.
terruption) proceeded to contest the sufficiency He was unwilling to give to the judges of elecof the argument which had been urged, that tion the power to determine who are non compis
gentlemen were not allowed to answer new  mentis.
views and positions, and to point out the ever-  Mr. JENIFER. I think, perhaps, that this prolasting delay which must take place in the busi- position may but embarrass the proceedings of
ness of the Convention, if this rule of action was the Convention, and I therefore withdraw it.
to be adopted. The Convention should live up  Mr. WE.BEP renewed the proposition, so as
to its rule. He hoped the proposition would be to terminate debate on the whole report.




Mr. SMITH. I am sorry to differ with the persons should be excluded, whether non compos
gentleman from  Allegany, (Mr. WEBER) in a mentis or lunatic, unless under guardianship.
matter ot this kind. There has been a wide lat-  The President (interposing.) The merits of
itude of debate. Much poison has,been sent out, the bill are not under consideration. The. genand I propose that the antidote should go with tleman must confine his remarks to the resoluit. I, therefore, move that the resolution be laid tion before the Convention.
upon the table.                              Mr. STEWART. I beg to differ with the honorMr. STEPHENSON asked the yeas and nays.  able gentleman from Kent (Mr. CHAMBERS.)
Mr. STEWART, of Caroline. I desire to say one  Mr. CHAMBERS. I do not mean to say that
word.                                      that is the grammatical meaning. That is anothThe PRESIDENT. The motion to lay on the ta- er affair. But I say that the committee never
ble is not debateable.                     designed any such thing as the gentleman indiMr. SMITH. I withdraw the motion, to enable cates.
the gentleman from Caroline,(Mr. STEWART,) to  Mr. STEWART. If the report of the Commitmake his remarks.                         tee   is not put in grammatical language,
Mr. STEaRT. I cal the attention of gentle-and is to be altered, I think it should be open to
Mr STEWART. I call the attention of gentle- discussion. To sustain my view, I will read the
men to the rules by which we are supposed to section. (Mr. S. read the third section of the
be governed. It is known, I believe, to the Con- report.) I say that as the section now reads, it
vention, that I have been as much in favor of would leave it to the judges of election, to say
expeditin its business as any gentleman here, whether a man is non compos mentis, or not.
and that have occupied the attention of the  If this resolution is to be adopted, I hope it will
Committee and of the Convention as little as any be made applicable to the first section of the
gentleman. I desirenow to readthe 20th,23rdreport only. I renew the motion to lay the reand 27th rules. (Mr. S. read them.) Now, it solution on   the      motion to lay th rble.
seems to me that the adoption of this resolution  A stion      having been taken, the
will have the effect of changing or rescinding     the question was laid upon th e n, table.
one of these rules, and if that be so, then one
day's notice will be required.                        THE PREVIOUS QUESTION.
Mr. BRENT, of Baltimore city. How change   Mr. RANDALL.   According to the twentya rule?         e     i s.       seventh rule, it will be seen that no vote of this
Mr. STEBROW.  Because it stops debate.   body can be rescinded or changed, without one
Mr. BSTAWNA. Suspendls  debate.          ds notice previously given. I rise to give noMr. STBRENT suWells suspends debate.     tice, that I shall propose a change of the sevenMr. BRENT suggested that the difficulty to teenth rule, which declares that the previous
which the gentlemen referred could only arise in questin sl  e  deways in order, if seonded
question shall, be always in order, if seconded
case of collision between two gentlemen as to by a majority, &c., &c., and that the main questhe right to the floor.                                         and that the main question shall be on the adoption of the proposition
Mr. STEWART, in illustration of his position, under consideration, and that, in cases where
contended that the adoption of this rule would there shall be pending amendments, the quespreclude him from expressing his views. We tion shall be first taken on such amendments,
propose (he said) to adopt a rule to govern men in their order and without further debate or
of intelligence and wisdom, which would be ap- amendment.
plicable enough to a set of school boys. Let  Now, I understand by the construction given
members judge for themselves how often they to this rule, and under the Parliamentary law,
shall speak. I look about me, and I see men of that the effect of the previous question, if susexperience and ability, (for example, the chair- tained, is not only to cut off all debate and
man of the committee of the whole,) who have amendments on the question then before the
not had an opportunity to express their senti- Convention, but to cut off all debate and amendments. I should like to speak mine. But this ments on the whole subject matter. (Mr. R.
resolution precludes me, and will preclude oth- gave a case in illustration.) That is to say, we
ers. I believe, in point of fact, that not more have to vote upon the whole bill and amendthan a dozen members have been heard on this ments, at one time. I suggest to the considerasubject of the elective franchise. Yet, forsooth, tion of gentlemen, that every desirable object
the balance of the Convention must be stopped will be effected, by confining the operation of
and not permitted to say a word. The impor- previous questions to the actual question under
tance of the objects for which we are here, can- consideration; and to nothing else.  Many
not be over estimated. If the report of the com- friends more experienced than myself in such
mittee on the elective franchise is adopted, the matters, have intimated their opinion, that such
effectwill be that we shall have judges of elections a change would have a happy effect; and I prositting as judges upon the intellects of men-we pose so to amend the motion as to give itthat opeshall have them deciding whether a man is men- ration.
tally capable of voting or not. Such a provision  The notice was entered on the Journal.
is to be incorporated into the organic law, and  Mr. SOLLERS gave notice that he would tothat, too, without debate.                  morrow, move to amend the twenty-third rule,
Mr. CHAMBERS, of Kent. The committee nev- by striking out these words, "except that part
er dreamed of any thing of the kind. It was in- of the twentieth rule which restricts members
tended expressly to provide that the votes of no from speaking more than twice upon the same
8




question. The ayes adinoes shall be. taken in were involved the humble rights of-humble incommittee of the, whole, in the same- manner as dividuals only. The rights of all were concernthey are taken in Convention."            ed. It was as foreign to his (Mr. R's.) purpose,
Mr..BowlE. In-committee of thewhole?-  to. trample upon the rights of the humble as
Mr. SOLLERS. In committee of the whole! I upon those of the most exalted.
do it from the best motive. We. know that   The language of the report of the commitmuch of the delay. in the transaction of business tee was such as, in the opinion of a majority of
is to be attributed to the fact; that gentlemen the Convention, to make distinctions, as to the
speak more than twice. on the salme subject,  citizens of the State. It drew. a distinction beOn motion of Mr. MERRICK, the Convention tween the rights of the native citizen and those
passed to the Orders of theDay,.          of the foreign citizen. He was opposed to all
The President laid before: the, Convention a such distinctions, and doubted the policy of mareport from the clerk of the levy court of Cal- kingthem. His opinion was, that after a foreignvert county, in obedience. to the order of- the er had resided amongstus for five years, and had
Convention of 15th November; containing a acquired the civil rights granted. to him by the
statement exhibiting the aggregate. valuation, laws of Congress, the very acquisition of these
rate of tax, and each general expenditure, &c., rights, entitled him to his]political rights, if he
Which was read and referred to. the commit- was ever to be entitled to them. His- attachtee on Representation.                    ment to our institutions, if ever- that attachment
Also, laid before said Convention, a report was to exist at all, would by that time be such
from said clerk, in obedience to theorder of the. as to authorise the extension of political rights
Convention of the 2nd of December, relative to to him.
the fees and perquisites paid the Attorney Gene-  Other questions had been introduced-quesral and his Deputies by Calvert county.;  tions which it seemed to him, were not germane
Which was read and referred to the cormmit- to the subject- matter before the committee, and
tee appointed on the Attorney General and his which were calculated to increase, rather than
Deputies   d                              allay, the excitement which had characterised the debate. Party -politics had been inTHE ELECTIVE FRANCHISE.         troduced? Why should this be so? Gentlemen
came- into this body, not as Democrats, nor as
The Convention resolved itself into committee Whigs, but as representatives of the people,
of the. whole, Mr. BLAKISTONE in the chair, and- elected to carry out their views in the formation
resumed the consideration of the report of the of such an organic lawwas would promote-the-best
Committee, on the Elective Fianchise.     interestsof the State.
The.pending question was on the motion of  Mr. R. then proceeded to trace the action of
Mr. PHELPS, to amend the amendment offered:by the State, from- the, Constitution of'76, on the
Mr. CHAMBERS, of Kent, as a substitute for the subject of- the elective franchise. He:followed
first section of- the report, by inserting after the it through the imposition and subsequent revocawords "Howard District," the following:   tionof the property qualification-illustrated the
"And five daysin the election district or ward. operation of that law-explained the modificaof the city of Baltimore."                tions which had from time to time been; made in
Mr. RICAUD was entitled to the-floor. He: the provisions regulating:the elective-franchise,
said, he should not have undertaken to say one, and the reasons which had iinfluenced the policy..
word on this question, but for the peculiar cir- He: denied that there was any authority-in thecumstances by which he was surrounded. As a Constitution or the. laws, for the-qualification
junior member of the delegationfrom the county (sleeping one night) which, gentlemen -had: said
of Kent, he had found. himself differing widely the judges of election and the ilaws prescribed;
not only from the other members of that Dele- contended that the only requirement was a bona
gation, but from the party with which he had fide intention on the part of the voter to remove
hitherto acted, and with which he hoped it might from one place to another; and referred to the
still be his pleasure to be associated. Entertain- section of-the.electionslaws which inflicted:pains
ing, however, a conscientious difference. of opin- and penalties upon:any one who should reside
ion with them, he felt itto be his duty, candidly in one district, and should, without a bona. fide
and plainly to express his sentiments,    intention to remove. fraudulently attempt to
As regarded the constitutional power, he vote-in adistrict:to. which he did not belong.
thought that if there was a.question easy.of solu-  But if frauds were practised-if violations of
tion, it was that this Convention, called together the elective franchise:took place by which honfor the.purpose of making an organic law- had est. voters: were- cheated out- of: their legitithe right to throw around the elective franchise, mate rights, and if:the: elective franchise-was the
such guards and restraints as they might think great constitutional basis upon which rested the
best calculated to secure the safety of that valu- liberties, the rights and the- interests of: every
able rightwhichit involved. Hecould not agree man, how were these frauds to be prevented, or
with the.gentleman from Prince George's coun- these rights and liberties to be -preserved by a
ty, (Mtr. BowIE,) thatto impose such restrictions, residence of five days in the county or district?
was to derrogate.from the rights of the people as The very fact of prescribing;a remedy so slight
to become usurpers of these rights.       for an evil so serious, was, to his mind, sufficient
Nor could; he agree with the gentleman from  in itself to induce the Convention to vote down
Queen Anne, (Mr. SPENCER,) that in this matter the proposition. A man might have been a resi



59
dent in a county which was the first that made to understand his constitutional rights, and
had been settled in the State. He might have to cultivate in his bosom a loye of country, and
lived there alblis life; he might be a descendent a devotion to its institutions-every man would
of the very men who had first landed upon -the be made the guardian of this right. We should
shore, he might have resided in one district in a then depend neither on courts of justice, nor
county for twenty-five or thirty consecutive jurors, nor officers for the enforcement of the
years-the same district perhaps in which his an- right, or for its immunity from violation. His
cestors had resided, and where all his own prop- life,upon it, if the punishment were made comerty was, and yet because upon the day of the mensurate with the offence, there need be but
election, or the day before, he should see fit one or two convictions to put an end to such offrom motives of business, or health, or pleasure, fences.
bonafide to remove himself and his family into  How were these frauds to be checked? He
another section of the county in which he had thought that the best protection was that which
every thing at stake, and to which he had every he had indicated. It was by an enlightened pubthing'to bird him, he was tobe disfranchised be- lie opinions-it was by instructing the rising
cause he had not;beensaresidentof District No. 1, generation-by multiplying school-houses, and
more than one day; and yet he might'have resided thus ensuring a sound, healthy, moral condition
in the adjoining district No. 2, for twenty-five or of the public mind. For wherever there was an
thirty years. The officers who were to be elected enlightened public opinion, the rights of every
were men to whose hands nis interests, hisrights, man would be guarded and respected, just as
his life, and that which was dearer to every wherever there was an ignorant people, there
rightly constituted mind-his reputation, were would be a.people that could be led by designto be entrusted, and yet he was not allowed a ing men to the commission of fraud, perjury, or
voice in tieir selection. Such were the conse- other crimes.
quences, which would result from the proposition  But this process might be regarded as too
for a five days residence. He could not, under tedious. We should then guard against these
any circumstances, give it his support.   frauds by giving to the legislative branch of the
But if frauds did exist, it was more probable Government, power to devise ways and means,
that they would exist in the city of Baltimore to prevent these frauds, and if they could not be
than in the counties. He made this assertion prevented, they should be made the subject of
only because the larger and increasing popula- exemplary punishment.
tion of that city, made it more difficult for the  He referred to the registry law which had been
judges of election, or those persons interested in passed some years ago, and to its repeal after a
the election, to know who the legal voters were. brief existence. It was a failure. He was a
lle referred to the allegations of fraud and cor- member of the Legislature, by which ithad been
ruption which bad been made against the coun- passed and repealed. The objection against it
ty, which he in part represented, (Kent,) and was not that, if properly regulated, it would
vindicated her from these allegations. He had not answer the object for which it had been debeen a politician for twenty years; yet, he had signed, but that the measure itself was unconnever known a case in his county where a su- stitutional-that the Constitution itself detercessful attempt had been made, either by a na- mined by whom, and in what manner the elective born citizen, or a foreigner, to interfere with tive franchise should be exercised, and that the
the elective franchise. In regard to coloniza- Legislature in undertaking to impose restrictions
tion in that'county, he could only say that it unknown to the Constitution, exercised a power
was the same kind of colonization already spok-  t given to it, and that, therefore the law was
en of; it had taken place in high party times, null and void.
and it was the work of the old federal party.  Mr. R. also suggested, as a means of protecting
this right, a small tax, to be laid by the LegislaBut, if these frauds, about which, so many con- ture, for purposes ofeducation. He cared  not
fessions had been made, did exist, they were far how inconsiderabl e the sum might be.
more likely to exist in the larger counties, or in  It had been said, that  the violent combts
the city of Baltimore. In the smaller counties, of part which might occur, not only this riht
the probability of their existence. was not so of party which might occur, not only this right
the probability of their ex^istence was not SO but every other which was dear to us, might be
great, because the people residing therein, were taken away. He had no such apprehension.
so much better acquainted with each other. The Such was his confdence in the general patriotremedy proposed would fail to answer the object ism and intellignc f e pple  the aountry.
and would be a dead letter upon the Statute
and would  be a dead letterupon tlte Statutethat he did not think our institutions would ever
T-s'                           ~Book.  hbe endangered from this source; for whenever
How, then, was the Convention to act? By any party, however strong, should atte:mpt to
prescribing and setting forth plainly and emphat- trample upon our Constitutional rights, it would
ically, what this great constitutional right was, soon find itself hooted info a very small minority.
and when that shall have been done, to cultivate The whole history of the cotintry had demonon the part of the citizens of the State a due ap- strated that, however violent the struggles of
preciation of its value, to make every man free party might be with each other, the moment. the
to exercise this inestimable privilege, and to country was in peril, both were found rrtady to
make it his interest and his duty to protect it do their whole duty to it.l Such, he believedl,
alike from secret corruption or open invasion. If would ever be the case. The struggles of party
we had an enlightened people-if every man was would continue to be, as they had always been,




60
violent and bitter; but they would pass away ployed, and that it would require the scalpel of
like the summer clouds, leaving the surrounding the most skilful surgeon to eradicate it.- He
atmosphere purer and more serene.          knew not where the gentleman from Cecil obFor these and similar reasons, he should op- tained the information which he has thus commupose this amendment. He did not believe it nicated to this Convention. If he meant to say
would answer the end for which it was designed, that he obtained it from gentlemen on this floor,
and he thought its operation would be oppres- he denied that any facts had been presented to
sive. It did not in fact guard the elective fran- justify so sweeping and severe a censure. He
chise, and it was probable that, even if it were denied that such facts existed. He knew of no
enacted, the people themselves would trample it such frauds as those which had been described
under foot. In conclusion, he would invite gen- in such awful terms by the gentleman from Cetlemen to go with him, first, in favor of the defi- cil. He demanded the evidence of their exisnition of the right in the Constitution, and then, tence. Where was it to be found? It was not
in giving such powers to the Legislature as so. And it was a libel on the State to utter such
would best accomplish the great object which things in the ear of this Convention. It might
was desired by all.                        be, that all this was instigated by a jealousy of
Mr. SOLLERS obtained the floor; but yielded Baltimore. But whether it was so or not, he
for purposes of explanation, to            would not let the charge pass without notice;
Mr. HICKS, who said, he had risen to endeav- without prompt and stern denial. It was not so.
or, if he could, to make himself correctly under- And then the gentleman from Cecil, after specistood in regard to certain honest confessions he fication of all the possible evils which could fall
had made the other day, and which had been ani- upon a country, held up the examples of Greece
madverted upon by several gentlemen. " Hon- and Rome and told us that as we are following
est confessions, it was said, were good for the their course of corruption, we must participate
soul." The gentleman from Cecil had referred in their ruin. And in this corruption, which is
to one of the three cases which he (Mr. H.) had to destroy us, the gentleman had said that we
cited on a former day, as exemplifying the facil- have all participated. " Speaketh the prophet
ity with which frauds upon the ballot-box might of himself or of some other man." The gentlebe perpetrated.                            man admitted that he had himself contributed'to
Mr. SOLLERS (interposing) said that he had the expenses of an election. Surely then he
yielded only to allow the gentleman to make an ought to have been the last to come out with
explanation and state a fact.              this general denunciation of the State.
Mr. HIcKs remarking that that was all he de-  He thought it ill became the gentleman from
sired, proceeded to correct a misapprehension as Cecil to stand up in this body and lecture native
to one of the cases referred to, and said that he Marylanders and denounce them for these frauds.
had broughtforward these cases with no invidi- What right had.that gentleman to say that we
ous or party purpose. He had, in his remarks are on the brink of perdition? This he has told
the other day, distinctly disclaimed all such mo- us, and that he himself aided to bring us into
tives, and he had endeavored in his course here, this condition. It might be all true that learned
to demonstrate the sincerity with which that dis- men from other States should be allowed to come
claimer had been made. His own opinion was, here and teach us our duty. He could not unthat there was not a county in the State of Ma- derstand it.
ryland where these frauds were not practised to  He accorded with the gentleman from Cecil in
a greater or less degree; although he had no some things he had said. When that gentleman
doubt that gentlemen were perfectly sincere in lectured the gentleman from  Kent, he, agreed
avowing a disbelief of their existence.  Nor with him in all he said about his political moraldid he himself believe that they existed to the ity. But why did he tell us of the downfal of
extent some gentlemen supposed. He thought, Greece and Rome, and of the probability of
however, that these matters were not germane their fate becoming ours? What remedy has
to the question. But the evil ought to be cor- been proposed to save us in this dangerous conrected, whatever its extent might be; and he dition? None. He felt all proper respect for the
would go for any proposition, no matter from  gentleman from Cecil. But had he offered any
what quarter or party it might emanate, which remedy? He had told us that the government
would effect that object. At the same time, he was tottering. Where then was the remedy? A
would be among the last to impose any impro- "masterly inactivity." He has talked of correctper restraints upon the honest voter.      ing public opinion. And the gentleman from
Mr. SOLLERS apologized for rising to reply to Kent, who had followed him, proposed to cure
the gentleman from Cecil, but he felt himself the corruption by correcting public sentimentcalled on by an imperative sense of what was by encouraging public schools!  By enlightdue to the State of Maryland, to vindicate her eing public sentiment," said the gentleman from
against the charges which had been brought K[ent. Now, with all respect for these gentleagainst her. He was a Marylander, " native to m en, and their abstract ideas, he could not unthe manor born," and he could not restrain him- de rstand them.
self when he heard the gentleman from Cecil ar-  He could not see, by the course of these genraign his native and much loved State as rotten tie men, that they are doing much towards ento the core from corruption, as the victim of a lightening the public sentiment when they opfoul and spreading cancer, the result of which pc se every effort to maintain the purity of the
must be fatal, unless the knife be promptly em- ri;ht of suffrage.  When we see gentlemen act



61
ing diligently and in good faith, il this Conven- But times have changed, and men have changed
tion, for the prevention of frauds, in such a line with them. Side by side, that gentleman and
of conduct we shall find a greater remedy for himself voted for that law. The gentleman had
the existing evils, than in all the opinions and changed his course and was now opposed to it.
denunciations they may utter here. He desired When his friend from Charles should bring in his.
the sincerity of the opinions of the gentleman proposition concerning a registry law, he would
from Kent to be exhibited in his acts. Opinions go with him. And he would say in advance that.
without acts were, according to his view of it does not restrict any right, while it secures the.
things, of little value.                  purity of the franchise. His friend from Prince
We have also heard some tremendous denun- Georges went for the law.
ciations from the gentleman from Queen Anne's.  Mr. BowIE. Was I there?
He may be very properly called the Jupiter To-  Mr. SOLLERS. You know very well.
nans of this. Convention. His bold and florid  Mr. BOWIE. The record will show.
style of eloquence always attracts. He com-  Mr. SOLLERS went on to say here was a replained of aggressions by this Convention on the markable change.
rights of tee honest voter.. So desirous was he  He proceeded to state the importance of
to open the polls to all, that he would perhaps securing the purity of the elective franchise.
even be willing to admit women-who are called He agreed that if our institutions were ever to
the better half of creation. on which he should be destroyed, by corruption extending itself
give no opinion-to vote. The object of laying from one end to the other, it would result from
slight restrictions on the right of suffrage is to the abuse of this right of voting. The time may
give it a higher character, and secure its contin- come when the people will abandon the ballotuance.                                    box for a more fearful struggle. Where then
He referred to the admitted fact, that one should we find the gentleman from Prince
night's sleeping in a ward of the city of Balti- Georges, from Cecil and from Kent? Where
more gave a right to vote in the ward, so as to will they be in that day when the pillars of the
afford facilities for fraud, and thought some re- temple are giving way? They will not remain
form was necessary on this point. He remark- to fall, like Samson, but will fly from the temple
ed on the recent change which had taken place to seek some quiet retreat.
in the opinions of the gentleman from Prince  Mr. McLANE said that some of the remarks
George's, (Mr. BowvI,) who had now become made by the member from Calvert, required
a great friend of the people, and was ready to so much of reply from him, as would put him
give the freedom of the elective franchise to all. rightbefore the community. He wasnot in a state
The gentleman had taken an entirely new po- of health to permit him to deal in loud denunciasition on this subject.                  tions, and he was equally incapable of personaliHe admitted that frauds exist, and he was ties. He had thought it the best course to hear
willing to apply some remedy. But he did not the member speak out to the end, before he atbelieve that they existed to the extent which had tempted any reply. The member from Calvert,
been represented by the gentleman from Cecil. in denouncing as untrue his statements of the
Wherever we find their existence, let us adopt prevalence of corruption, had, at least, abstained
the best means in our power to prevent them. from any assault on his personal truth and honor.
But he refised to believe that the State was rot-  Mr. SOLLER3. I intended to do so.
ten to the core. He had no doubt the gentle-  Mr. MCLANE resuming, said he thanked him.
man from Cecil believed that the condition of At his age, and with the character he had susthings was as he had represented. But he had tained through life, it was not probable that an
acted on erroneous information, and his remarks, assault of that kind, if made, would have proas they would go forth to the world, would be duced much injury. But the disavowal of such
keenly felt by the people of the State. He ad- intention did not excuse the attack. He knew
nitted that the gentleman had, by his manner the gentleman from Calvert to be incapable of
and his talents, done much to sustain the dignity assailing his character for truth. The gentleof this Convention, but he ought not to have in- man had stated that he, (Mr. McL.) had denounflicted so severe a wound on the State. These ced the State as corrupt to the core. It was not
declarations of the existence of gross frauds were so. If the gentleman had listened attentively to
greatly exaggerated. He gloried in being a na- the course of his remarks, he would have found,
tive of Maryland. He felt for her the affection that he did not. Quite the contrary: he stated
of a son to a mother; and when he heard these that he had not heard of the corruption till he
charges made against her,                 came here, and that he did not believe it. He
"In thoughts that breath and words that burn," said explicitly that he did not believe the allegatttt ttt ion. But he did proceed to say, that if the inhe would'not sit silent, but would rise in her formation was true, and if the evil was as great
defence. Such defence would have come better as had been represented, then the remedies profrom some of those who are candidates for high posed were merely homopcethic doses. That
station. It would have better become them to was what he hadsaid. He had said further, that
defend the State over which they intend to pre- we ought to look for the remedy in the correcside.                                     tion of public opinion, and that no man now
He went on to state that he introduced the thought it dishonorable to contribute, without
registry law, in December 1836. The gentle- enquiry, to the expenses of an election. He had
man from  Kent, (Mr. RICAUD,) voted for it. also said that he would unite to make it disre



62
putable, hereafter, to contribute for such a pur- question becomes one solely of expediency. In
pose.                                      the formation of an organic law the rights of the
He had risen merely to vindicate himself from  citizen should be carefully guarded and protectthe suspicion that he could have presumed to be- ed. To guard the right of suffrage against
lieve, that such a state of things as was repre- fraud and protect it in its purity, is one of our
sented to him, really existed. It was not for first duties-for the channel through which the
him, at this time, to bring forward any proposi- sovereign will of the people is uttered, should be
tion on the subject, until that now under con- pure and unpolluted.
sideration is disposed of. He repeated that he  It is true there is no specified period of resimade no charges against the State. If she had dence in an election district required under the
been libelled, it was by her own children.  present Constitution of the State. A residence
Mr. SOLLERS said it was not his wish or in- there in good faith, no matterhow recent, entitles
tention to make the slightest attack on the per- the person claiming it to vote, if he has resided in
sonal character of the gentleman from Cecil. the State and county or city for the length of
But he appealed to those around him, whether time designated in the provision adopted in 1810.
the effect of the speech of that gentleman, was Prior to 1841 no reason existed for such a pronot to impress a conviction on the public mind, vision. Until 1799 all elections were held at.
that there was great corruption in the State. It the county towns. The election district system
was true he had said he did not believe it. But was then established for the "better convenience
the gentleman drew a picture of existing frauds, of the people."  Still there was no division of
calculated to strike with dismay every man in counties for separate elections-except in one or
the State. If the gentleman from Cecil did not two instances for local officers-until after the
endorse these frauds, why this lengthened argu- census of 1840-when in layingoff Congressional
ment, and the reference to the fate of Greece and districts upon the basis of representation in ConRome. He must have supposed there was some gress then adopted, it became necessary and
truth in them; for he would scarcely have proper for the Legislature of the State to divide
erected so magnificent a superstructure from  Baltimore city and Anne Arundel county. By
materials furnished by fancy.               the division thus made, parts of that county and
Mr. BRENT, of Charles, remarked that the city were attached to different congressional disprinciple involved in the question now before tricts. Here then, in this division by ideal lines
the committee was regarded as one of very high in the same county and city exists the temptation
importance. It had already been very ably and to fraud upon the Elective Franchise by double
eloquently discussed (as he had learned upon voting, and the system of "colonizing," of which
his return to Annapolis yesterday,) and the sub- so much has been said in the course of this disject was perhaps at this advanced stage of the cussion. In the progress of time, as the basis of
debate, worn somewhat "thread-bare." He wish- representation in Congress is again changed, died, however, to assign in as concise a manner as visions of other counties in the State may also
possible, some of the reasons which would influ- become necessary and proper. A new feature
ence his vote, and asked the indulgence of the in the division of the State has thus sprung up.
committee to enable him to do so.           Different election districts in the same county
The rihlit of suffrage, as had been truly said, are called upon to vote for and elect different
was a right dear to the freeman. It was a jewel members to Congress-and hence the importance
of great value, and the greater its value the of now requiring a fixed period of residence in
more careful we should be in properly guarding each particular election district. The amendand protecting it by wholesome restrictions.  ment proposes five days residence, and he desired
Our power to restrict the right, it seemed to to see it adopted.
him with due deference to others, was clear and  le proceeded to refer to the remarks made
undoubted. He referred to the Constitutions of by the gentleman from Queen Anne, (Mr. SPE,the several States to show this power had been cER) yesterday, in which he understood him as
exercised and admitted from the period of the intimating that the restriction proposed would be
Revolution up to the present time. The first re- oppressive only to the man in poor and humble
strictions upon this right in Maryland were ir- life.
posed under the Proprietary Government in     Mr. SPENCER explained. lie admitted that
1681, and these were continued in the Constitu- the Convention had the right to impose restriction of 1776. In 1802 the restriction of property tions, and that the only question was one of ex.
qualification was very properly abolished. The pediency. He had said that the restriction would
prohibition upon the exercise of the right of be particularly hard on the humble. He disavoting until the voter shall have attained the vowed any intention of charging such a, motive
age of twenty-one years, shall have resided in on any one.
the State twelve months, and in the county or  Mr. BRENT resumed. He had not understood
city, where he may offer to vote, six months, is the gentleman as denying the power of the Conundoubtedly a restriction. It has been a partof vention to impose restrictions. ie had, however,
the Constitution of the State since 1810, and has misunderstood him in reference to the effect of
been engraftea already, by a large majority, the proposition under discussion.  He now unupon the one, which this Convention has now in derstands him as having said that this measure
charge. The power, therefore, to restrict this would operate with peculiar hardship on the
right of suffrage must be conceded.         humble. He (Mr. B.) did not think so. It was
Possessing then the power to restrict, the a measure designed for ~the wise purpose of




guarding the purity of the Elective Franchise. his views on the subject. Against every attempt
Its operation would be equal upon all classes, to impose these restrictions on the right of sufand it would enter with an impartial tread into frage he had given his vote, and in order to satisthe cottage as well as the palace. It may not be fy himself of the correctness of his course, he
so perfect, that no case of hardship can occur had listened to all that had been said on the subunder it. Perfection is not within the grasp of ject, and had not heard a single argument to lead
the human mind. Yet its general beneficial re- him to any change of his own convictions on the
suits will greatly over-balance any temporary  subject.
and individual hardship it may occasion.     He referred to the statement of the gentleman
He proceeded to say, it had been stated that from Dorchester, (Mr. HIcKs,) relative to the
frauds upon the Elective Franchise, in the way individual who was about to deposit an illegal'of double voting, colonizing, bribery, and so on, vote, and the polite attempt of the gentleman,existed in some parts of the State to an alarm- from Dorchester to arrest his vote, in consequence
ing extent. That frauds existed and had been of the interference of a friend who said the man.
practised, he had no doubt. He spoke in terms was going to vote the right ticket; and put it to,
of high praise of his own county, and said bri- that gentleman whether he would have beenm
bery at elections there was a thing unknown. more successful in preventingthis illegal vote:
Whether these frauds existed or not, was not from being given, if a five days residence hadi
very important to the consideration of this ques- been required.
tion. If they did not now exist, they might hereaf-  Mr. HicKs hoped the gentleman from Caro.
ter, and it was the duty of the statesman to guard line would state the other case of the man who
against them in either aspect. Whenever any had voted in four different places.
measure to guard the honest voter in the exer-  Mr. STEWART, resuming, disavowed any incise of his right was brought forward, it should tention to make an attack on the gentleman from
have his support. He here referred to the sup- Dorchester. His only design was to show that
posed case, mentioned by the gentleman from  there was nothing in this case to induce him to
Kent, (Mr. RICAUD) to shew thatthis amendment vote for the pending amendment. Neither the
might operate unjustly, and stated how, in his statement of the gentleman from Dorchester,nor
opinion, the same state of things might occur, the argument of the-gentleman from Cecil, had
even to a greater extent, under the restrictions brought him to that conclusion. If the gentlealready adopted requiring aresidence of twelve man from Calvert, (Mr. SOLLERS,) believed that
months in the State and six months in the coun- there were no frauds committed in the ballot box,
ty.                                       why does he not evince his sincerity by lending
The object of the amendment is to prevent his aid to strike at all restrictions on the freedom
the ready transfer of voters from one district to of suffrage. He (Mr. S.) knew of no frauds of
another in the same county or city, and the "co- the kind spoken of in the elections in his county.
lonizing" of men in a certain district to influence He knew of no voters from Delaware coming over
and control the election there.  The principal the line to vote in Caroline. There was, indeed,
objection urged against the amendment is, that a fraud which he would not specify, but which
the means are inadequate to the proposed end. he would be happy to contribute his aid in preThe time of residence was not as long as he de- venting.
sired. He would have preferred thirty, or even  He attributed this fierce tirade against the
sixty days; but as these longer periods had bee9 corruption:of the ballot box, to the fact that Balrejected, he was now willing to take the short timore cityalways voted by large majorities in
term proposed. It certainly throws some imped- a certain way, and presumed that it was the
iment in the way of double voting and "coloniz- wish of those who uttered these tirades, that in
ing," and will no doubt, in great measure, act framing the Constitution, instead of looking to
as a check upon both. If a residence of five the whole State, we should have an eye to Baldays is required, the difficulty of colonizing timore only. He felt great respect for the city
would be increased by that much, and men could of Baltimore; she occupied a'proud position for
not, on the day of election, with such facility, her commercial enterprise; without her, we
(as they might in the absence of such a provi- should not have seen our flag floating on many
sion,) go from district to district, voting in each a distant sea; she was justly the pride of Maryone. He trusted the amendment would be adop- land, and it was the duty of every citizen of the
ted, andthat this Convention would be able to State to unite in sustaining her character. And
embody in the Constitution such guards as will if he should be charged with being under the ineffectually prevent fraudulent voting.   fluence of Baltimore, he must bear the imputaMr. STEWART, of Caroline, stated that after tion as well as he could. He himself had conlistening with great attention to the discussion, nexions in thatcity. He knew of many instanhe entered into it, feeling his inability to throw  ces of young men who had gone there, accumuany new light on the subject. But as he was de- lated fortunes, and returned to their native counsirous that his views should be understood, he ties, thus forming a tie between the counties and
would briefly give the reasons which influenced city. The effect of this restriction in the city
his vote. He'had been induced to do this prin- of Baltimore would be to throw the poor into the
cipally because he had seen a paper published hands ot the wealthy. By the aid of money the
in the district he represented, advocating the. dwelling of the poor man might'be purchased
Registry Law. He had thought it proper through over his head, and its tenant turned out of doors
this Convention, to lay before his constituents five bays before an election; and in this way the




64
corrupting purse of wealth might be increased er tend to increase than diminish the evil. In mabeyond what it is now. Poor tenants might be king the admission, that election frauds had been
turned out, so as to prevent them from exercis- perpetrated, he did so because he believed, to
ing their legal right to vote. The gentleman deny that would induce the Convention to receive
from Calvert, (Mr. SOLLERS) had said that eve- any future statement of his in a spirit of doubt
ry State had adopted this principle.      and cavil; and he was unwilling to lose even the
Mr. SOLLERS explained. He had said that small influence he might enjoy in that honorable
every State had acknowledged the right to impose body. He claimed to be well acquainted with
restrictions on the Elective Franchise biy a Con-' public sentiment in the city of Baltimore, but
Venti\oa.                                 any thing he should say was upon his own responMr. STEwART, resuming. So had every State sibility. Each member of the city delegation
acknowledged the principle of representation. was alike responsible for what he should say, to
One gentlelnan had referred to the language of his constituency. You could not find any indithe Constitutions of some of the States. Gentle- vidual in Baltimore city who would say that no
men are in the practice of quoting just so much fraud was committed on the ballot box, but he
of an authority as sustains the position they as- denied the extent to which it is alleged to be carsuae,, while they reject what is not in conform- ried on there, the vigilance of party prevented.
ity with their particular views. He indicated The citizens of Baltimore are not alone responhis intention at a proper time to introduce a sible for the fraudulent abuse of the Elective
homestead exemption in order that every man Franchise. It has been frankly admitted by honmnight have an interest in the State, as was de- orable gentlemen on this floor, that there are
signed by our original Constitution, and which fraudulent practices in the counties, and that
Swould tend much to purify the ballot box, by large sums of money are contributed for elecelevating the citizens. The gentleman from  tioneering purposes. Miloney is rased in the city
Calvert, said, that the Constitution required a of Baltimore to be used throughout the State.
residence of twelve months in the State, and of He believed his friend from Calvert had honestsix months in the county. Did the gentleman ly introduced the Registry Act, and intended it
know why this residence restriction was inserted not to operate in Baltimore city alone, but through
in the Constitution? It was not so much to the State.
prevent frauds, as to give every voter an interest  Mr. SOLLERS. Through all the State?
in the State. A citizen of Delaware would not  Mr. PRESSTMAN said he so understood, and
be permitted to vote in Caroline, because he had when that subject should come up he would enno interest in the county.                 deavor to show that a Registry might be made
He then adverted to the distinction which ex- a mere instrument of fraud in the hands of the
ists in consequence of the division of Baltimore party to which the Registers might belong. He
city into two districts, and of the arrangement adverted to the practice of bribery as the preof Howard District and Anne Arundel county sent source of evil, and which existed in the
into districts, contending that this exception to counties to a great extent.  He could put his
the general rule in the State, was a convenience, hand upon honorable gentlemen in the Convenand did not change the result of an election, no tion, who had admitted the existence of this spematter in which of the districts the voter cast cies of corruption.
his vote. The fact of his residence gave him an  Mr. SOLLERS. The gentlemen will speak for
interest there. The law of Congress prescribes himself; he has no right to put his hand on me.
five years as the term before foreigners can be  Mr. PRESSTMAN. Honorable gentleman anaturalizcd, that they may acquire an interest in round  me  have frankly made the admisthe country, and he was opposed to any distinc- sion, and it cannot be denied, though he believed
tion between naturalized foreigners, who had re- that some few counties were not obnoxious to
sided in the State and county the required term, the charge.
and native citizens. He was aware that there  He went on to state the requirements of the
were conflicting opinions on this point, some law as it now exists, and denies that a mere
gentlemen being desirous of restricting foreign- temporary residence entitled a party to vote in
ers from the enjoyment of the Elective Fran- an election district.  The residence must be,hise, not reflecting that some of these may be bona fide, without the anitmues revertandi. The
Iallied by blood to some of the original framers' amendment proposing five days residence, would,,^o our Constitution.                     open the door to fraud, and render it more easy
He knew not how the five days restriction of perpetration. He was opposed to experi-,.coald prevent frauds, unless on the ground that menting upon the right of suffrage.:Like in many
2-by euluding all voters, you exclude the illegal. cases of sickness, it was better to rely upon the
We are engaged in framing an organic law; and healthful re-action of the system, than resort to,while we are doing this, we should secure the nostrums. Entire purity was not to be expected.legal voters in their rights, and prevent those -the church itself was not pure. He regretted
-:who have no legal right from participating in that the discussion had led to any disagreement
$-the Elective Franchise.                  between the gentleman from Calvert and the
Mr. PRESSTMAN was willing to acknowledge gentleman from Cecil. He did not believe that;that frauds had been committed upon the Elec- the former had intended to impute unworthy motive Franchise in the city of Baltimore, but the tives to the latter. In a Maryland Convention,..great question was, is the proposed remedy like- when a gentleman designed to be personal, he,ly to abate the evil? He thought it would rath- would find language, so to express himself as not




65
to be misunderstood. He concluded with stating         FRIDAY, January 17th, 1851.
some further objections to the amendment, and ayerby Rev Mr. Grau
his intention to vote against it.           The roll was called, and the Journal of yesterA long interlocutory discussion followed, be- terday was read and approved.
tween Mr. SOLLERS and Mr. BoWIE, directed to
the point whether the latter gentleman had, or       HOUR OF MEETING, &c.
had not, voted for a Registry Law. Mr. SOL-  Mr. RIDGELY rose, he said, to submit a moLERS asserted that Mr. BowIE had voted for a tion.
stringentbill of that character, and appealed to the  Mr. CHAMBERS of Kent, desired to be informjournals to sustain the fact. Mr. BowIE assert- ed whether reports from committees were now
ed that he did not vote for the Registry Bill in order?
which became a law, and could not so have vo-  The President said reports of committees
ted, because he was absent from his seat in the would regularly be in order. But the floor had
Legislature at the time.                  been obtained by the gentleman from Baltimore
Mr. SOLLERS rejoined that, the Registry Bill county, (Mr. RIDGELY.)
for which Mr. BowrE voted, did become a law,  Mr. RIDGELY said his object in rising was to
having passed both branches of the Legislature; move that the daily hour of the meeting of the
but that afterwards, in consequence of imper- Convention be 11 o'clock, instead of ten.
fections in the law, another bill was introduced  Mr. BUCHANAN. I second the motion.
by Mr. SOLLERS, on which bill Mr. BOWIE did  Mr. BowIE,  And I.
not vote because he was not in his seat.    Mr. RIDGELY said that although the ConvenMr. BOWIE said he thought his friend was mis. tion had once or twice before refused to adopt
taken in supposing that the Registry Law, for this proposition, yet he had again presented it
which he (Mr. B.) had voted, ever became a law. from a conviction that it was idle to hope for the
The law for which he (Mr. B.) had voted, was accomplishment of any good result by meeting
not the one which subsequently became a law, as early as ten o'clock. He trusted that, in conbut was one which was much milder in its pro- sideration not only of the length of the daily sesvisions, and under certain circumstances, allow- sions, but of the absolute necessity of some time
ed every man to vote, whether his name was re- for relaxation, the motion he had made would be
gistered or not.                          agreed to.
Mr. SOLLERS referred his statements to the  The first hour of the day was generally spent
decision of the journal.                  in the consideration of unimportant business. It
The discussion was conducted, generally, in frequently happened that no quorum was present,
good temper, and both gentlemen resumed their until one half of the first hour had passed. The
seats satisfied, apparently, with the issue of the Convention might meet at.the hour of eleven,
~~~controversy.~~ ~and might immediately, if it should think proper,
-. BROWN   pass to the Orders of the Day, and thus accomMr. BROWN Said he was aware that it was the plish the same object that was at present accomcustom of all deliberative bodies to allow great plished by meeting at ten. He thought he had
latitude of debate, but in that respect, he thought shown by his course in this body, that he had
this body differed from any'that had ever assem- evinced as strong a disposition as any other
bled in. the State of Maryland for seventy-four member, to expedite the completion of the buyears. His own opinion was, that no remarks siness for which it had been called together. He
should be indulged in, in committee of the had never interposed any obstacle, or counwhole, that were not applicable to the question tenanced any delay in the disposition of its busiunder consideration.  Here we had had an ela- ness; and he submitted this proposition now, only
borate history of the personal cause of votes of because he believed it would facilitate, and not
gentlemen upon a particular question long since retard, the discharge of their'duties. The Condecided.  He gave notice of his intention to vention sat here from ten to three, or half-past
move, in Convention, an order discharging the three; night overtook them very soon after they
committee of the whole from the further consid- had adjourned, and by ten o'clock the following
eration of the bill, unless the necessity for that morning, they were again to be in their seats;
cause should be obviated by a general consent having no interval for ordinary and proper rethat the question should be taken. He would laxation, to say nothing of the additional duties
move that the committee rise.             imposed upon them by the meetings of the Comreittees.
[Cries of "question."]                  mittees.
[Cries of "question."]                    Another reason for the change was to be found
Mr. TuCK expressed his desire to occupy some in the fact that the Convention had engaged a
fifteen minutes of the time of the Convention, and Reporter, to furnish reports of its debates; and
would, he said, either proceed now, or in the he referred to this point without any authority
morning, as gentlemen might prefer.       or suggestion, on the part of that gehtleman. It
was known that he, (Mr. R.) had opposed that
The usual hour having passed, and the com- measure with all the energy he possessed. But
mittee indicating its desire to rise,     as the Convention had, by its deliberate vote, deMr. TUCK yielded the floor.             cided to adopt an order that its debates should
The committee thereupon rose and reported be reported, it was due to the person whom they
progress. And the Convention adjourned.   had assigned to that duty, that he should
9




66
have some relaxation, at least, from the great  Mr. BUCHANAN said, that as regarded the
physical and mental labor which were insepara- modern precedents which his friend (Mr. HARble from the task. He hoped the motion would BINE) had referred, it seemed to him (Mr. B.)
be agreed to.' that they had not as yet exactly had a fair trial.
Mr. HARBINE said that the gentleman from   As to the real and substantial precedents, they
Baltimore county (Mr. RIDGELY) had made a were all the other way. Hewouldliketoknow
motion which met with his (Mr. H's.) decided from that gentleman, whether any Convention
disapprobation. He accorded to that gentle- had ever assembled within the limits of the
man, however, credit for the best motives. He United States, composing more capable business
believed that that gentleman felt, as he (Mr. H.) men-men of higher intellectual endowments in
felt, the stern necessity of proceeding, without every respect, than those who framed the origifurther delay, to the transaction of the public nal Constitution of the State of Virginia? Yet
business. But he submitted, in all candor and that body never met earlier than twelve o'clock,
sincerity, that the motion to change the hour of and yet a more perfect or stupendous work never
meeting to 11 o'clock, was calculated not to pro- emanated from the brains or the hearts of men.
mote the common object they had in view, but There was another precedent almost equal to
to defeat it. He declared, as he had declared a that of the State of Virginia. He referred to
few days ago, that the motion was one calculated the Constitution of the State of New York,
to frustrate the ends for which this Convention formed in 1821. The Convention of that day,
had assembled. He could not agree with the composed of men quite as industrious and
gentleman, that the change would have the ef- quite as zealous in the cause of their constituents
feet of causing the Convention to get to its sub- as this body could be, met at eleven and twelve
stantial work sooner and more earnestly. Why o'clock. They made a perfect work, so much so
should it do so? Had the gentleman offered any that the members of this Convention, in the course
resolution which would so direct the action of of its discussions, had been constantly referring
this body, as to have that effect? None. What to the Debates in that body as guides for their
were the facts? Between the hours of ten and own.
eleven, the Convention was engaged in the dis-  He did not know to what Committee the gencussion of motions, which were supposed to have tleman (Mr. HARBINE) belonged. But he (Mr.
a considerable bearing on its labors. Would not B.) was a member of a Committee (the judicithe same propositions be discussed if the Conven- ary) which would be constantly engaged in the
tion met at eleven? What then was gained? business before it, not only after the adjournment,
The change, if it had any effect, would rather and ia bhe evenings, but in the mornings. It could
tend to protract these discussions and to multi- not dispose of the business before it, unless time
ply the number of motions. Away, then, with was given. Go he might say of other commitall such arguments.                       tees.  It was idle to talk of doing business
But what were the precedents? He took it here, between the hours of ten and eleven.
for granted that if it worked well, as to other Every gentleman who had been present between
Conventions, to meet at an early hour, it would those two hours, knew that nothing had been
operate equally well here. If itwere good policy done. They met, and talked-talked-talked;
in the Convention of the State of Ohio, to meet at but God knew there was time enough for talk in
ten and at nine; if it was good policy in the Con- the other hours, during which the Convention revention of the State of New York, to meet at mained in session.  Deducting the one hour,
ten in the beginning of its sessions, and subse- they still talked from eleven to three or half
quently at nine-it was equally good policy here. past three. The Committee then rose and reAfter the discussion which had taken place on a ported that they had made progress, but "had
former day, he had been at some trouble to see come to, no conclusion," and they would cometo
what other Conventions had done. They met at none in this way. There weretimes when work
an earlier hour than this body met. How was it was to be done; there were times when talking
with the Convention which framed the old Con- was to be done. The talking was to be done
stitution? They not only met at nine, (shortly after they met here; the work was to be done
after the commencement of the session,) and after night and in the morning when the Comcontinued to do so, but they held afternoon ses- mittees met. Hence, he would cordially sustain
sions.                                    the motion of the gentleman from Baltimore
Mr. RIDGELY. Will the gentleman be so county, (Mr. RIDGELY.)
good as to state at what season of the year the  Mr. BROWN moved that the resolution be laid
Convention of the State of New York was in upon the table.
session?                                     Messrs. R1DGELY, BUCHANAN and HARBINE
Mr. HARBINE. I knew that it was at a dif- asked the yeas and nays, which were ordered.
ferent season of the year-the month of June or  And the question having been taken, the vote
July. But at what season did the Convention resulted as follows:
that framed the old Constitution meet? How.ffirmative.-Messrs. Dent, Lloyd, Sherwood,
was it with the Convention of the State of Ohio of Talbot, James U. Dennis, Eccleston, Grason,
now in session? It met at nine, and had afternoon George, Wright, McMaster, Hearn, Shriver, Sapsessions also. He earnestly begged of the Conr pington, Stephenson, Magraw, Nelson, Carter,
vention, if they valued the objects for which Thawley, Stewart) of Caroline, Schley, Fiery,
they had assembled to vote down this proposi- John Newcomer, Harbine, Weber, Slicer, Fitztion,                                      patrick, Smith, Parke, Cockey and Brown.-29.




67
Negative.-Messrs. Chapman, President, Mor-        THE ELECTIVE FRANCHISE;
gan, Blakistone, Hopewell, Ricaud, Lee, Chambers, of Kent, Mitchell, Dorsey, Randall, Kent,  Mr. CHAMBERS, of Kent, from the Committee
Weems, Dalrymple, Bond, Brent of Charles, on the Elective Franchise, made a report, being
Merrick, Jenifer, Buchanan, Welch, Chandler, an additional section to the first article of the
Ridgely, John Dennis, Crisfield, Dashiell, Wil- Constitution heretofore reported by the same
liams, Hodson, Goldsborough, Chambers, of Committee.
Cecil, Miller, McLane, Bowie, Tuck, Sprigg,  The report was read, andMcCubbin, Spencer, Fooks, Jacobs, Biser, An-   On motion of Mr. CHAMBERS,
nan, Hardcastle, Gwinn, Stewart, of Baltimore  It was ordered to be printed.
city, Brent, of Baltimore city, Presstman, Ware,  On motion of Mr. BLAKISTONE,
Neill, Davis, Kilgour, Waters and Hollyday-50.  The report was referred to the same CommitSo the resolution was not laid on the table.  tee of the Whole, having under consideration
The question then recurred on the adoption of the previous report of the said Committee.
the resolution.
Messrs. JOHN NEWCOMER and HARBINE askedTHE PREVIOUS              UESTION.
the yeas and nays, which were ordered.         On motion of Mr. RANDALL,
Mr. MERRICK. I suggest to gentlemen who    The Conventionproceeded to theconsideration
demand the yeas and nays-                  of the amendment offered by him yesterday, to
Mr. BUCHANAN. (Interposing.) And who are the 17th rule, &c.
so anxious to save time?                     Mr. R. briefly explained its object. He disMr. MERRICK. (Continuing.) And are so claimed any intention to call the previous question
anxious to save time, that wehavejust taken the or to encourage its application, and took ocyeas and nays on a motion to lay the resolution casion to say, that he had not the slightest
on the table. I hope, therefore, that the call complaint to make of the course, of the dewill be withdrawn.                         bates which had taken place here. He had offerMr. NEWCOMER insisted on his motion for the ed the amendment, with the concurrence of
yeas and nays.                             friends who were anxious for the transaction
Mr. HARBINE. If the call for the yeas and of public business, but who desired that the
nays should be withdrawn, the time of the Con- operation of the previous question should be
vention will be taken up in something a good so restricted, that it would apply only to one
deal worse.                                proposition, or to such portion of the pending
matter as the mover might designate. And Mr.
Mr. MITCHELL. I suggest to my friend on R. briefly e emplified the operation of the change
the left, whether if he is opposed to the con- which he proposed to make. The adoption of
sumption of time, the demand for the yeas and the amendment, he submitted, would expedite
nays upon every motion that is made, is not a the business of the Convention, without deprivvery effectual mode of consuming it?       ing it, in any sense, of the full benefit of the
Mr. HARBINE. Assure me that the time will rule.
not be more unprofitably spent, and I will con-  Mr. BROWN. Your amendment can only opsent to withdraw the call. I feel as sure as fate erate in Convention?
what the result will be.                     Mr. RANDALL. Certainly.
The question on the adoption of the resolution  Mr. BROWN suggested the propriety of making
was then taken, and resulted as follows:   the previous question applicable in Committee.ffirmative.-Messrs. Chapman, President,-  ofthe Whole, so far as regarded the pending
Morgan, Blakistone, Hopewell, Ricaud, Lee, amendment. Time and trouble would be saved.
Chambers, of Kent, Mitchell, Dorsey, Randall, He was opposed to going into committee, and
Weems, Dalrymple, Bond, Brent, of Charles, should oppose, going into it for the future, unless
Merrick, Jenifer, Buchanan, Welch, Chandler, some means could be devised for arresting deRidgely, John Dennis, Crisfield, Dashiell, Wil- bate. That object could be effected under the
liams, Hodson, Goldsborough, Phelps, Chambers, existing rules in Convention, but not in Commitof Cecil, McCullough, McLane, Bowie, Tuck, tee; therefore, it was, he had suggested that the
Sprigg, McCubbin, Spencer, Jacobs, Annan, previous question should be made applicable in
Hardcastle, Gwinn, Stewart, of Baltimore city, Convention.
Brent of Baltimore city, Presstman, Ware, Niell,
Davis, Kilgour, Waters and Hollydav-48THE ELECTIVE FRANCHISE.
JNegative.-Messrs. Dent, Kent, Lloyd, Sher-  Pending the motion of Mr. RANDALL, (the uswood, of Talbot, James U. Dennis, Eccleston, ual hour having arrived,) the Convention,
Grason, George, McMaster, Hearn, Fooks, Shri-  On motion of Mr. JENIFER,
ver, Biser, Sappington, Stephenson, Magraw,  Resolved itself into Committee of the Whole,
Nelson, Carter, Thawley, Stewart, of Caroline, Mr. BLAKISTONE in the Chair, and resumed the
Schley, Fiery, John Newcomer, Harbine, Slicer, consideration of the report of the committee on
Fitzpatrick, Smith, Parke, Shower, Cockey and the Elective Franchise.
Brown-31.                                    The question pending before the Committee
So the Convention decided that hereafter, un- was on the motion of Mr. PHELPS, to amend the
til otherwise ordered, the dailylhour of the meet- amendment offered by Mr. CHAMBERS, of Kent,
ing of the Convention should be eleven o'clock. as a substitute for the first section of the report,




68
by inserting after the words "Howard District," subject the better. We are all more or less
the following:                            party men, and perhaps we show our feelings
"And five days in the election district or ward at times when we ought not. Where we differ
of the city of Baltimore."                let us differ as men should, who honestly disMr. TUCK, was entitled to the floor.     agree. Let us agree to disagree, and have no
Mr. T. assumed it as indisputable that the pu- controversy about it.
rity of the Elective Franchise lay at the founda- It is a mistake to suppose that this amendment
tion of this and all representative governments, would operate invidiously, as regards Baltimore.
and he expressed his surprise that where frauds It applies as well to the counties. Mr. T. had
were admitted to exist, efforts made to remedy no unfriendly feeling towards that city. We all
the evil, should be resisted. If but one fraudu- have a just pride in her growing wealth and
lent vote had been given, it was sufficient reason prosperity. He would be the last to effect her
for the adoption of such measures as were calcu- interests.  But the Delegates from Baltimore
lated to prevent the extension of the evil. Some must remember that if they enjoy the advantage
who oppose this restriction have avowed them- of living in the third city of the Union, and have
selves in favor of the largest liberty. He was an the honor of representing her here, they must
advocate forthat civil liberty which we enjoy un-bear the inconveniences of having among their
der the restraint of wholesome laws, and without constituents a proportion of that species of powhich, republics cannot exist. Any doctrine of pulation, that is common to all large cities. Mr.
liberty inconsistent with this will-ultimately re- T. had no doubt that frauds had been committed
duce the government from a republic to a: mere on both sides. Proof has been demanded. It is
representative democracy.                  not a case that admits of strictly legal proof.
He adverted to the party allusions that had But he had heard enough to satisfy his own mind.
been made in this debate. One rentleman had He would not exculpate the whigs. Both he bebeen madt e fin ds this d ebte. nes tn were in- h  lieved to be guilty. Mr. T. could mention some
stated that the friends of this restriction were in- instances coming to his knowledge, on reliable
fluenced by political motives, and that this cry information, implicating persons of his own
of fraud on the ballot box was only raised when  ar,  e had  o     t gentlemen of the
large majorities in the Baltimore elections were other side could do the same, if they  ould. In
cast in a particular way. For himself he regretted  1847, a whig of Baltimore informed him that he
the introduction of politics into this debate. He had received an offer from members of the Emassailed no man's motives. Conscious of the h
assailed no man's motives.e Consciousd of the pire Club of New York, to carry the election in
rectitude of his own, he left others to judge of Baltimore for the whigs for five thousand dollars,
their conduct, and to settle such questions with and that after conrrng with ome of the Centheir consciences and their constituents. Bu  tral Committee, the offer was declined, but his
when the gentleman assigned this motive, he informant thought the arrangement osght to have
must have forgotten that all the questions touch- been madeo
ingthe Elective Franchise, all the members of
one party (except two) have united, and voted  Mr. BRENT, of Baltimore city, asked for the
against the measures designed toprotect the bal- name of the gentleman's informant.
lot box, whereas the other party have never uni-  Mr. Tuvc declined giving the name.
ted on any one question since the organization of  Mr. PRESSTTAN understood the gentleman
the Convention. Mr. T. suggested that this fact made no charge against the Democratic party.
might furnish some evidence of party design to  Mr. TUCK did not charge this against any
those who were in search of the motives of oth-party.
ers. Yet he made no such charge himself. Gen-  Mr. BRENT wished to know the name because
temen had alluded to their democracy, and some the gentleman said he was told by a member of
had appealed to their ancest              their ancestry to show the pural Whig Committee.
ty of their democratic faith. If he were judged  Mr. TUCK had not said so, He had said that
by this test, he might claim to belong in some de- his informant was a whig, and that he had mengree to both sides. His whiggery consisted of a tioned it to members of the Central Committee,
proper mixture of principles for both the old and that they would have nothing to do with it.
parties. He certainly laid no claim to being a His informant was not a member of that Condemocrat of the present day. But it is not pru-mittee.
dent for our democratic friends to trace back  Mr. BRENT. Well-I want to know because
too far, they may run into a cross that was once the Empire Club is Democratic.
considered quite impure, and is now generally  Mr. BiSER. They are Democratic, but vote
repudiated. Many of them would find thattheir for the side that pays best.
original politics had no better source than the  Mr. TUCK. The gentleman's democratic friend
federalism of 1800. Referring to this subject from Frederick, (Mr. BISER,) seems to have some
the other day, an honorable gentleman from  knowledge of that club, and I refer my friend
Queen Anne' had prudently dated his democra- from Baltimore to him, for further information.
cy from the Jackson epoch, and disclaimed run-  Mr. T. adverted to the pipe laying fraud, that
ning into the.Jefferson line.             was attempted some years ago in Baltimore.
Mr. T. commended the discretion of that gen- There were also convictions in Baltimore a few
tleman to others of his political friends. The years ago, for fraudulent voting, (which the delefact is that the times have changed, and men gates from Baltimore must remember.) The
have changed with them. The least said on this parties were fined and imprisoned. Whose frauds




69
they were, he does not know;: but they were out free institutions, the permanency of which
ascribed to the Democrats. Frauds in procuring we all have so much at heart.
naturalization papers, are committed on both  Mr. WEBER moved to amend the pending
sides. Since the commencement of the Conven- amendment by adding, at the end thereof, the
tion, he had been informed by a whig, that four following:
Germans who had been in the country only four  "Provided, That the voter, if required, shall
months, had been carried to Baltimore for the make affidavit that he did not move into the
purpose, and afterwards voted the whig ticket in election district, to effect the election then being
the county. This was a whig, and he urged the held."
necessity of something being done to prevent it,  Mr. RIDGELY felt compelled, notwithstanding
because he said if it is done on one side, the other his previous determination not to mingle in this
will resort to the same means in self-defence. If debate, to make some remarks, in reply to the
frauds have not been perpetrated in Baltimore, gentleman from Prince George's, (Mr. Tuck.)
why did the Councils in 1838, pass an ordinance That gentleman expressed surprise that there
to punish fraudulent voting? Mr. T. read from  should thbe found any man who was unwilling
the ordinance in proof of this statement. Me to sustain the purificationof the ballot-box. He
made these statements to show that something desired to ask that gentleman, if he could supshould be done to prevent the evil. He was pose that there was any gentleman in this Consatisfied that there were frauds on both sides, as vention, who would oppose its purification.had been admitted frankly by the gentleman from  There was more of the time of this Convention
Baltimore, (Mr. PRESSTMAN.)              lost in the discussion of what are either unnecMr. T. agreed with the gentleman, that the cessary or irrelevant questions, than of those
only question was as to the efficiency of the which arerelevant and necessary.
amendment proposed. Upon this we differ. Mr.  The object of every gentleman is the purificaT. thought it would do much good in the coun- tion of the ballot-box. To effect this common
ties as well as the cities. At seasons of election object, some suppose that restrictions are necesthose best acquainted with the people were in sary, others think they are not. He never could
have supposed that the gentleman from Prince
the habit of canvassing the districts a day or two have supposed that the gentleman from Prince
previous to the election, and ascertaining how George, would have brought up here that extrathe result would probably be. If the counties ordinary story, of the attempt of the Central
should elect their Commissioners and other offi- Whig Committee, to buy over the Empire Club
cers by districts, this restriction of five days re- of New Yoruld. The gentleman ought to, as he
sidence would prevent many fraudulent votes. hoped he would, tave done the Whig Central
If it were ascertained a day or two before the Committee the justice to say he disbelieved the
election, that either side would be in a small story.
minority, they might import a few voters from  Mr. TucK explained, and said the Whig Cenanother district able to spare them, and thus by tral Committee had refused to entertain the
a distribution of surplus voters from any one dis- thing.
trict, carrys majority in alltheothers. In most  Mr. RIDGELY resumed, denying that any such
of the counties there are persons who vote where proposition had ever been made. No member
they happen to be at work, being residents of the of the Whig Central Committee ever dreamt of
counties, but havingno fixed place of abode. In. such a thing. He was sorry the gentleman from
the hands of the designing, these men might be Prince George had brought forward this and
made to vote in any district, by being employed other cases, which seemed to show that it was
therethe day before the election. And again, the necessary to impose restrictions on the Whigs.
judges of the  eletions, in some counties, hold the He could not, after this, wonder if some Demojudgincorrect opinion that a man may ote whelectionse crats voted for restrictions. He eschewed all
incorrect opinion that a man may vote where
he has his washing done.  If a man go to party discussion.  He came here with clean
a district a day before the election and have hands and a pure heart. He was unsophisticated
washing done there, he might vote on the ground enough to go before his constituents in Baltimore
county, and ask them to elect him on the no
tha. this9 A gvhirednc.party principle. He was so green as to believe
Mr. PRESSTMAN. Are we to provide judges that there might be found in a Convention sewho understand their duties?            lected by the people, to frame an organic law,
Mr. TUCK. No. But we should, if we can, men capable of rising above the evanescent
save the people fromthe necessity of having these operation of party feelings, and he had found his
questions decided by them at all. Mr. T. said way into this body with that impression on his
that the same would be the effect in Baltimore, mind.
in the city elections. It would prevent coloniz-  These matters are altogether irrelevant: they
ing in the city and the counties; and if it did no had nothing to do with the main question. That
good, as some thought, it was at least worth the had been discussed and exhausted. The gentletrial, because no one had shown that any injury man from Kent, (Mr. Ciambers,) conceded,
to any person was likely to result from its opera- that the remedy had been so diluted by its retion. He insisted that a partial remedy was bet- duction to five days residence, as to leave but
ter than to allow the evil to progress without any little life in it; the gentleman from Cecil, (Mr.
attempt to arrest it. He believed that the people McLane,) had well qualified it as a homcepathic
generally would favor a restriction of this kind, dose; and in reference to'it he would ask, c ui
even for a longer time, as tending to preserve bono? The utmost that had been advanced in




70
favor of the restriction now proposed, was that administration, that was no argument against the
it might do some good; while he himself, and his law itself.
friends, who stood opposed to it, contended that  It had been asked on the other side, what remit would do much harm-operating more against edy, if any, we proposed for illegal voting? And
legal than illegal voters, by disqualifying many with a purpose of impugning the sincerity of
of the former, and few of the latter.     gentlemen, who had voted against restrictions,
In framing an organic law, much must be left it was charged that whilst we thus voted,we adto the discretion of the Legislature. The act of mitted the existence of the evil. On a former
Congress directed the creation of election dis- occasion,he had urged as a remedy,that fraud uptricts in the States, but the details were left to on the ballot box, was an evil, which could be
the Legislatures. Every local regulation as to better reached by cure than byprevention. He then
residence in districts which are continually chang- said, that illegal voting should be declared an ining their boundary lines, should be left to the famous crime, that a single conviction followed
Legislature. As was suggested by the gentleman up by ignominious punishment, would do much,
from Kent, municipal matters should be left for by example, to abate the evil. This suggestion
the action of the municipal authorities. It was had been met by honorable gentleaen,!who conproper that local regulations should be made tended for district residence, as a remedy, or an
by local authorities. Among the frauds alleged aggravation of the evil. They had characterized
to have been committed, that of colonization was it, as an invitation to illegal voting, and had apa fraud of one municipal authority upon another pealed to the utter inefficiency of existing penal
authority of the same character. This cannot, laws for such a purpose.
however, apply in cases where votes are aggre-  He was free to admit that the present penal
gated through the State. It can only apply to laws against illegal voting, have supplied that
elections in Congressional districts. It will ap- experience, but such testimony served only to
ply to Baltimore, where owing to the contiguity enforce the necessity of their repeal, and the subof votes, colonization does exist; and in refer- stitution of other laws; which, recognizing the
ence to this matter, both parties tare obnoxious vice, as one of the deepest moral turpitude,would
to censure. In the rural districts of the State, provide a penalty commensurate with the crime.
the elective franchise was in as great purity as He admitted that the existing penal laws, invite
human infirmity will permit.              to the offence. What are they? Why, they
The great evil exists in Baltimore city, which provide a mere fine of a few dollars for a violais divided into two districts for Congressional sion of that, which has been again and again
elections. These districts have been twice ger- characterized in this House as the \dearest and
rymandered by the whig party. Since the year most cherished right of freemen. Will any man
1842, the evil has been the fruit of party legis- pretend that such a penalty would for a moment
lation. The Legislature have the power to correct restrain a person depraved enough to perpetrate
this evil by an nonest apportionment, and to pre- the act of illegal voting? No sir-no sir! The
vent the colonization of voters. It is not to be penal laws are mere waste paper; they have
doubted these evils have arisen from the strife proved utterly useless; and it was time to profit
of parties. But we are not making a Constitu- by the experience of the past, to provide such a
tion to reach every contingency which may arise. punishment for illegal voting, as its frequency
This is an isolated case in Maryland, and can be and enormity demands.
cured by the Legislature without any provision  He was ready to make illegal voting an infain the organic law.                       mous crime, a just cause of disfranchisement;
This proposition of five days residence would and by this remedy, rather than by the imposibe productive of inconvenience in the rural dis tion of shackles upon the right of suffrage, which
tricts. A great number of the persons residing involve the innocent with the guilty, he hoped
in the interior, are laborers who are continually in some degree to purge the ballot box.' He conpassing over the lines, from one district into an- eluded by admonishing his friends, that the adopother. It is much worse in Baltimore, where tion of this restriction, would be to open the
thousands of persons who have no fixed domi- door for all the propositions to be revived, which
cil, are daily passing over imaginary lines, and had been rejected.
it would be wiser to allow them to vote where  Mr. DAVIS rose, in the language [of a disthey are, thanto make restrictions which would tinguished Senator of the United States, "to
disfranchise many legal voters.           establish the truth of history." He found in the.
He then put a case to shew that even if the few remarks which he had addressed the Conproposition was introduced into the organic law, mittee a day or two since, he did injustice to the
its effect would be different from what was con- populous and distinguished county of Frederick.
templated by the friends 6f the measure, and He wished to make the amende honorable.
would not prevent illegal voting.         In giving the history of her efforts to reform, her
In reply to what had been said by the gentle- own internal affairs, he made an important omisman from Prince George's, as to the simplicity sion, which he now wished to supply.
of the judges of election, he contended that the  He then restated the facts in relation to the
gentleman was mistaken; that the election laws action of the county of Frederick, concerning
were simple, that they had been put in the hands the change in the mode of appointing the levy
of the judges, and that some of those judges had court, in 1838, and the adoption of the six months
been judges for many years. But admitting mal- residence as a qualification for the members of




71
that court, and the recognition of the same fea- without calling the ayes and noes, to record their
ture in the law of 1844.                   names against it, unless they were willing for its
How was this odious, unjust, and oppressive passage.
example and action of Frederick county met?  Mr. BISER. How could I have called the ayes
How was it answered? First, by the gentleman and noes, when I was Speaker of the House?
from Queen Anne, (Mr. SPENCER,) who said     Mr. DAVIS. It would have been very easy for
that it was a whig measure introduced to de- the gentleman when he saw so obnoxous a meaprive Mr. Grason, the then Governor of Mary- sure,[as he now considers this to be, about to pass,
land, of the patronage of Frederick county, and to have requested some friend to call the ayes
-Secondly, by Mr. BISER, who declared that he and noes, that he might record his name against
opposed the measure, and introduced a bill to it.  But, he asked, did the gentleman vote
elect the levy court, by general ticket; but Mr. against it?
Schley, being a whig, and a majority of the  Mr. BISER replied in the affirmative.
Legislaturebeingwhigs, he defeated him, and'ear-so thisbill pasied this measure through the Legislature against  d wh hese now obnoxous and odious features
his vote and against his wishes. Now he, (Mr. in it, and so it continued the law for Frederick
D.) did not say a word about this being a whig county till 1844, when the whigs being again in
measure, or a democratic measure. He alluded       ti 1   ed the law so as to reduce the
to it as a reform measure of the county of Fred- power they altered the law so as to reduce the
to itas a reform measure of the scounty of Fred- number of districts for the levy court to five. but
erick, and mentioned the names of three gentle- so pleased were they with the new feature of remen, members of this Convention, who were striction' introduced by the democrats in 1843,.
then members of the Legislature, without clas- tat they incorporated it in the bill of 1844, an
sing them as either whigs or democrats. It soincorporated it in the bill of 1844, and
that two of them were whigs and one so it stands the law of Frederick county, the'
happened that two of them were whigs, and one great reform county of the State now. He held
a democrat. Now, to weaken the force of thist        example, from the hotbed of reform,
it up as an example, from the hotbed of reform,
conservative example of Frederick county, who worthy the consideration and imitation of this
has given us a valuable precedent for the very Committee, and if he possessed the tact and parmeasure under consideration, it is to be denoun- liamentary skill and knowledge of the gentleman
ced as a whig measure, and party feeling is from Carroll, (Mr. BRowN,) —not now in his
to be invoked to lessen its influence here, because seat-and knew  ow to accomplish it, he would
it is a whig measure-upon no other principal move this conservative Democratic restriction of
than the unjust and illiberal principal, "that sixty days, as a substitute for the small restricnothing good can come out of Nazareth."    tion of five days now under consideration.
But how stands the case with the honorable
member from Frederick, (Mr. BISER.) By look-  He deprecated the introduction ofparty feeling
ing further into the history of this matter, it ap- or party action, into this debate, or this Convenpears that in 1842, the honorable gentleman was tion. It bodes no good to a harmonious result.
elected Speaker of the House of Delegates-it is He was not here for any such purpose. He came
to be presumed not by whig votes-that at that not here to elevate the whig party, or to procure
session the democrats being in a majority, a bill the downfal of the democratic party; but for
was introduced, by a Mr. CramptonofFrederick, hgher and nobler objects. He camehere to
to change the number of levy court districts, from  lend his feebleefforts to theformation of a Conthree to nine. Was Mr. Crampton a whig?   stitution for the State of Maryland which will
Mr. BISER. Mr. Crampton was a democrat. survive the rise and downfal of parties. He
Mr. DAV1S. Very well. That in this bill in- was a whig, and known tobe a whig. Yet, he
troduced by a democrat, this same restriction of should feel himself unworthy the name of whig,
a residence within the levy court district was re- if he did not feel that he could so far elevate
tained, but reduced from six months to sixty himself above party feeling, and party action, as
days, a more reasonable time; and a further re- to act alone for the honor, the welfare, and prosstriction of a six months residence within the dis- perity of the whole State, irrespective of party.
trict, to render a person elected eligible to the  Mr. RANDALL indicated his intention at the
levy court.                                proper time to offer thefollowing provision, which
Mr. Biser. Did this bill become a law?  would, he thought, meet with the views of many
Mr. DAVIS replied in theaffirmative. He held gentlemen who were opposed to further restricthe laws of 1842 in his hand, and found this bill tion upon the privileges of voters.
published as a suppliment to the act of 1838.  " Every free white male citizen of this State,.
Mr. BIsER. Did I vote for it?            and no other, above the age of twenty-one
Mr. DAVIS would answer the gentleman. It years., having resided twelve months as a citizen
does not appear from the journal of the House of thereof in the county next preceding the election.
Delegates, that the ayes and noes were called at which he offers to vote," &c., &c.
upon the passage of the bill, but he took it for  The amendment having been read,
granted that two such experienced and astute  Mr. R. remarked, that he wished to say a few
members, as the gentleman from Frederick, and words in regard to th6 universally admitted"
the gentleman from Carroll, (Mr. BROWN,) who frauds which were practised upon the ballot box
was also a member of that session of the Legis- in the State of Maryland. He said, universally,
lature, would never have suffered so odious, op- but, perhaps, the more correct term would be,
pressive and unjust a restriction, as a much shor- generally, because some gentlemen desired that
ter period of residence is now pronounced to be, their counties should be excluded from  the




72
charge. It seemed, however, to be a matter of plish the object. We needed them all. He cared
general notoriety that these frauds did exist.  not what party was to be built up or put down
The gentleman from Cecil, (Mr. McLANE,) by them, he would vote for all measures calcuhad referred to the 54th article of the Constitu- lated to effect the object to any extent. All
tion of 1776, by which it would be seen that the these measures were calculated to do so; no one
framers of that instrument did not refuse to en- of them could. But that something must bedone
tertain a suspicion that frauds of this kind might was obvious.
exist, because the design of that article was to  He referred to the passage of the single dis —
prevent their commission. That such frauds did trict law by Congress-to the fact that Baltimore
begin to prevail to a much greater extent about must hereafter be entitled to at least two reprethe year 1838, was manifest from the ordinance sentatives in that body, and thence argued the
passed in May of that year, by the corporation of necessity of the resolution as to that city, in orBaltimore. The enormity of the evil had then der that the intent of the law should not be debecome so apparent that, in addition to the Con- feated by persons in one of these districts casting
stitutional provisions and to the acts of Assem- votes in the bther. He alluded to the course
bly upon the subject, the corporation passed an which had been adopted by Frederick county in
ordinance imposing pains and penalties upon regard to the election of certain officers there;
persons twice voting, or voting in the city of and contendedthat some general restriction of
Baltimore without the legal right to do so.  the kind must be imposed. Five days, he admitIt had been said, that the Convention was about ted, would not accomplish the object as effectuto impose new restrictions. Surely, as the in- ally as a longer period, but, as had been remarkcrease of population demanded such restrictions, ed by a gentleman who had preceded him, if he
they ought to be enacted. Previous to the year could not get a whole loaf he would take half a
1802, these evils did not exist to any serious ex- loaf, since' half a loaf was better than no bread."
tent. The property qualification was such, that He desired that every restriction which promised
owing to the permanent and known abodes of to accomplish the great object in view, should
the voters, the same necessity for such enact- be imposed, and even the restriction of five days
ments did not exist. Since then, the aspect of residence would give an opportunity to detect
things had greatly changed. He, however, was and expose the false statements of men who
not one of those who believed in primitive puri- might otherwise fraudulently attempt to vote.
ty-and none other. He believed that there was He should, therefore, vote in favor of that reas much purity now in the world, as there ever striction, limited as it was, and should at the
had been; but a different condition of things exis- proper time offer the proviso of which he had
ted at the present time. There had been a great given notice.
increase of population, the exigencies of which  Mr. DORSEY rose; not, he said, to make a
had now to be provided for. He referred to the speech, but to show what seemed to be a matter
various laws which had been passed by the Leg- of dispute, that these frauds and corruptions did
islature at various periods to meet the require- exist in the State of Maryland, and had, from
ments of the times.                        time to time called forth the action of the LegisSo much for the prevalence of the frauds. What lature for their suppression and punishment.then was the remedy? The evil was plain and He agreed with the gentleman from Baltimore
palpable-manifest to the eyes of all men, stalk- county (Mr. BUCHANAN,) that frauds did not exist
ing abroad at noon-day before the eyes of men, in that county. But what was the reason? The
and calling loudly for a remedy. Where was it gentleman had claimed that it was because the
to be found? In public opinion and in criminal people themselves were immaculate and incorlaWs, some gentlemen said. Were they in ear- ruptible, beyond the reach of temptation or the
nest? Had not public opinion been arrayed,and seductions of fraud. Now, perhaps, he (Mr.
penal statutes been fulminated against this crime, D.) might assign a very different reason. In
and of what avail had they been? No more than Baltimore county there was a Democratic maso much waste paper.                       jority of some eight or twelve hundred votes,
When a mode of redressing one of these evils or more. At all events, it was so enormous,
waspresented,gentlemen answered: "That is not that no party would throw away its money in
the great evil; it is some other, by which we attemptingto colonize it or to commit frauds
are defrauded of our rights and illegal votes ad- upon the franchise. (Laughter.) Therefore, it
mitted." When a remedy for another fraud was was, that these frauds did not exist in Baltipresented, the same answer was given. And thus more county, or in the other parts of the State.
every measure looking to the cure of the disease (Renewed laughter.) He disclaimed any intenwas voted down. He had no doubt of the sin- tion to make imputations on the city. He had
cerity of gentlemen who opposed these various never seriously heard the charge of bribery there,
propositions. Their error was, that each gentle- although he had heard of illegal voting.
man regarded one particular mode as the only  But Ie had risen to show that this illegal vomode by which the evil was tobe reached. And ting had been a progressive kind of crime, and
his friend from Charles (Mr. JENIFER,) erred that it ought to be prevented. He then read
with others, in his, (Mr. R's,) judgment. That from the Acts of Assembly the provisions appligentleman thought that a Registry Law was the cable to the point, and argued that the corremedy-another found it in criminal laws; yet poration of Baltimore in the ordinances which
if we had them all, they would scarcely accom- they had made, had not kept pace with the evil




73
as well, or seen its enormity as clearly as the the State of the citizen's residence, whilst others
Legislature had. It seemed to him that these insisted that it conferred political, as well as
acts, if they were evidence of any thing, were civil rights.
evidence sufficient to satisfy this Convention  Mr. GWINN here raised the question that this
that there must have been a progressive vice of amendment had been disposed of a few days ago.
fraud and corruption upon the ballot-box, which But it appeared on reference to the journal, that
required correction and punishment. And he the proposition was adopted by Mr. WEEMS as a
insisted upon the necessity of restrictive provis- modification of an amendment offered by him
sions, irrespective of party acts in the past or and rejected, without a distinct vote being taken
party consideration in the future.         on this amendment, it was again entertained.
No member taking the floor, the Chairman   Mr. DoRSEY said he regarded it as the settled
stated the question.                       opinion of this Convention, that it has the right
Mr. BRENT, of Baltimore city, moved that there to preclude naturalized citizens from the exerbe a call of the Convention.               cise of the elective franchise within the State,
The CHAIRMAN said that the motion was not in because, by the act of naturalization, no politiorder. The committee had no right to a call. cal, but civil rights only are given. If the act of
But the gentleman could move that the commit- Congress, passed pursuant to the Constitutionof'
tee rise, in order to make the motion in Conven- the United States, conferred political rights, we
tion.                                      have no power to restrict these rights. If the
Messrs. SHRIVER and BUCHANAN asked the yeas naturalized citizen possesses the right to vote, we
and nays on the pending amendment of Mr. cannot limit his eligibility to fill any office;in
PHELPS; which, after some conversation, were the State; and by assuming the right to restrict
taken and resulted as follows:             him, we concede to him civil rights only acquiraffimnative-Messrs. Chapman, President, Mor- ed by naturalization. His object now was to
gan,Blakistone, Dent, Hopewell, Lee, Chambers remove all existing doubts on the subject. His
of Kent, Mitchell, Donaldson, Dorsey, Randall, object was not to deprive him of any right, civil
Kent, Weems, Dalrymple, Bond, Brent of Chas., or political, which he before possessed, but to
Merrick, Jenifer, John Dennis, James U. Dennis, secure to him the elective franchise of a native
Crisfield, Dashiell, Williams, Hodson Goldsbo- born citizen.
rough, Eccleston, Phelps,Tuck, Sprigg, Dirick-  Mr. RIDGELY said the amendment proposed by
son, McMaster, Hearn, Fooks, Jacobs, Annan, the honorable gentleman from Anne Arundel,
McHenry, Davis, Kilgour, and Smith-39.    takes, in his judgment, a proper distinction, and
Negative —Messrs. Ricaud, Buchanan, Chand- he hoped will be adopted. A man may be a
ler, Ridgely, Lloyd, Sherwood of Talbot, Chamb- citizen of the State, and yet not a citizen of the
ers of Cecil, Miller, McLane, Bowie, McCubbin, United States. The act of naturalization conSpencer, Grason, George, Wright, Shriver, fers only civil rights-political rights arise out
Biser, Sappington, Stephenson, Magraw, Me- of the compact of State government and its
Henry, Carter, Nelson, Thawley, Stewart of legislation. An alien may, by State legislation,
Caroline, Hardcastle, Gwinn, Stewart of Balti- be authorised to exercise citizenship for State
more city, Brent of Baltimore city, Presstman, purposes, or within the limits of the State, and
Ware, Schley, Neill, John Newcomer, Harbine, yet not being naturalized is not a citizen of the
Anderson, Weber, Hollyday, Slicer, Fitzpatrick, United States, entitled to the immunities of citiParke, Shower, Cockey and Brown-43.       zens of other States. The State may relieve
So the amendment was rejected.           a foreigner from the disabilities, which its laws
Mr. JENIFER expressed his gratification that impose, but cannot make him a citizen of the
the committee had at least progressed so far in United States. The amendment, therefore, is
its action to-day. And he sent up to the Secre- broad and comprehensive; covers the whole
tary's table an amendment which he desired to ground; inasmuch as if the person be a citizen
offer, (providing for a Registry Law.)    of the United States, and has the residence and
Mr. DonREY indicated his desire to offer an other qualifications prescribed in the section, he
amendment.                                is citizen necessarily of the State.
Mr. JENIFER said, if it would not give rise to  Mr. BowIE said no foreigner could be a citidebate, he would waive his motion in favor of the zen of Maryland who had not been naturalized.
gentleman (Mr. DORSEY.)                   No foreigner can vote here. He may, by an act
Mr. DORSEY said, he desired only to say a few  of the Legislature, be permitted to hold real
words.                                    estate in Maryland. But this does not make him
Mr. JENIFER withdrew his proposition for the a citizen. lie cannot be a citizen of the State
moment.                                   until he has been naturalized; when he is naturMr. DORSEY then moved to amend the amend- alized he then becomes a citizen of the State in
ment-by striking out in the first line, the words which he has been naturalized, and also a citi"'this State," and inserting in lieu thereof, the zen of the United States. We are engaged in
words *'the United States."               making an organic law, not so much for citizens
Mr. DoRSEY briefly gave his reasons for mov- of the United States as for citizens of our own
ing the amendment, whichwas intended to make State. A man might be a citizen of the United
clear what might otherwise be regarded, as a States, and yet not a citizen of this State notmatter of doubt, as it was contended by some withstanding his residence of twelve months
thatnaturalization merely gave civil rights within within the State. He might in fact reside here
10




74
twenty years, and  et not be a citizen of this citizen of the United States? Could any lqw of
State. He wished to confine the right of suffrage the State make himn so  The power ot passto the citizens of the State. When any foreign- ing naturalization laws was ceded by the States
er resident among us is naturalized, he becomes, to the General Government, and Congress alone
eo instanti, a citizen of the State. There was has the power to declare who shall be citizens
no ground then for the new born sympathy of of the United States. No man then, who is not
the gentleman from Anne Arundel, for naturali- a native of the United States, can be made a
zed foreigners, which he confessed himself un- citizen of the United States except by the Unitable to comprehend. He did not wish to open ed States. Then, as the gentleman from Prince
the door for the admission of voters from other Georges says, allegiance and citizenship begin
States who had no right to political privileges together. So common sense tells us that a citihere. He would thereforeoppose the insertion zen ofthe State must have been born in the State,
of the words "citizens of the United States." He or must come in by process of laws. Every nathought the term "citizens of this State" prefer- turalized foreigner is a citizen of the United
able.                                      States, and of every State of the Union, and after
Mr. RiDGELY repeated that an alien might by a proper residence in Marylandwould be entitled
Act of Assembly be authorized to hold real es- to the privileges of a citizen of Maryland. He
ate, he, eo instanti, becomes a citizen of the saw nodifficultyin thething. In case of invasion,
State, except as regards the right of voting.  could not the United States summon these perMr. SPENCER inquired if a person in that po- sons to the field to defend the United States?
sition could be called on to serve in the militia.  Mr. CRISF1LD. Naturalization confers only
Mr. RIDGELY supposed not. It was idle how- civil and not political rights. Political rights
ever, to waste time in describing these distinc- are the fruits of State sovereignty. The argutions. The amendment of the gentleman from  ments of the gentleman from  Prince George's
Anne Arundel would cover the whole ground.  arid Queen Anne's had failed to convince him.
Mr. GWINN put a case by way of analogy.  The States alone could apportion political power,Mr. CRSFIELD asked by i hat rule a "citizen  and declare what classes of persons shall enjoy
Mr. CRISFIELD asked by what rule a "citizen                      insain ae per-,  an      a rs                iens a-e perof this State" is defined?  Who is a citizen of it, ad ont tem  mf ter. In Illiisliensre
the State of Maryland? The term is indefinite. mitted to vote; and is Illinois  or  sovreign
than qarylanid? The power exists in the State,
Unless defined by the Constitution, the Legisla- tan  n     he    er eit in the Sta
ture will have power to declare who are citi-                                 o
Legislature t ay exrcise'i~t.
zens. Thie power of the Legislature in this re-er citure may  c  i     se it.
spect should be limited. Unless restrained by  Mr. BRtNT, of Baltimore city, mad a few re
express provision of the Constitution, the Legis- marks, in which hestated that it had been decidt~ed that as soon as'a niaturaliked  citizen o'the
lature might declare that persons not naturali-  tha te s eon  asa n ed if t      heno
zed should be citizens of this State. Was the snited States enters i any tato  he Union to
gentleman irom Prince Georges prepared to en- settle and  izx his resd ne thSerte, he becomes
trust this power to the Legislature without:re- zpsofdcto, a critze ofe tetate and ihecoor
to the terms f   a thelaw  fixing the te'rmof resistraint?
dence required for'a quali fication to Vote, gains a
Mr. BoWIE thought that his friend, who had right to vote. The course of Ilinois and her
put this question, might have learned from the construction of her power constitute no rule for
elementary books what was meant by the term  our action.
citizen.  As soon as allegiance to a government  Mr. RIDGELY, read from tie  onstitutions of
begins, citizenship also begins. It begins with six of the States,extracts to  t  coftstrucbirth, in the case of the native; with naturaliz-  en were put on the term citizen. In th ese extion, in the case of an alien. Allegiance to the tracts the word was used in a broad sense.
United States was citizenship of the United  Mr. JENIFER referred to the Constitutionof
States. He was of opinion that no unnaturali- the  nited States, and asked if any gentleman
zed foreigner could be a citizen of Maryland. supposed that any question could ever;aise to
Any law which should admit such, would be un- brngthis question into dispute.  ie, himself
constitutional. He had no doubt of it.    felt very clear on the subject, until the arguments
Mr. CRISFIELD thanked his friend,,for his re- he had now heard from the distinguished lawference to the elementary books, but he was not yersround him, had instilled aa doubt into his
satisfied with the answer. It is admitted that breast.
neither this Convention, nor the Legislature,  Mr. DorisEYsaida fewwords in reply to the
could confer any of the rights of a citizen of the gentleman from Prince George's, re-stated ihat
United States.  But Maryland is a sovereign he had before urged iindefenee ofthlie aiendment,
State, and can apportion political power at dis- andsaid, although he was guilty of pertinacity,
cretion, to any or all classes of her inhabitants, as was asserted by the gentleman from Prince
to be exercised within her limits. She may George's, in adhering, to his opinion after its eragrant to an alien all the privileges of a citizen phatic contradiction by the ientleman from
of the State; and allegiance will begin when the Prince George's, who says, there can be, no doubt
grant is accepted.                         on the subject. Yet, having fdrmed his opinion
Mr. SPENCER referred to the language "free on the subject, after imature deliberation, -he
white citizen" used in the amendment of the could not be induced -lightlyto:.abandon it; -and
gentleman from Kent, and also in the Constitu- hoped he would be excused foradhering to:itsaftion, and asked whether a foreigner could be a ter a charge of pertinacity f or vedituring to:differ




75
in opinion with his friend from Prince George's standing'up in a limited space in that extreme
on a Constitutional question. Because he ad-, quarter of the hall which immediately fronts
heted to-his amendment, he had been charged the Committee room.)
with being the champion of haturalized citizens.  Several members called for a re-count.
He was thechampion of nobody; he had no po-  The CHAIRMAN said, he was sure of the corlitical aspirations, and had the imagination of his rectness of the count, but was willing to make a
friend been equally free from them, he never re-count, if desired by the Committee.
would have made such a charge. He did no more  Mr. BRENT called the yeas and nays.
than that what he deemed his duty, to make the  Mr. PHELPS submitted that it was not in order
language of the Constitution so explicit asto pre- to call the yeas and nays, after the result of the
vent controversy hereafter.                vote had been announced.
Mr. GRASONsaid, it seemed to him that, upon  Mr. MAGRAW. We were so thick in the corthe question before the Convention, gentlemen ner here, that we could not get out. (Laughter.)
on different sides came very nearly to an agree-  Mr. BRENT, of Baltimore city. I will state
ment. For his own part, he agreed in the opin- the reason why the yeas and nays should be
ions expressed by -the gentleman from Queen taken. If the event to which the gentleman has
Anne, and also with those expressed on the other referred of a dissolution of the Unionside, because;he was satisfied that either term  Mr. BUCHANAN. (Interposing.) This is clearwould answer the purpose. In the Constitution ly out of order, Mr. CHAIRMAN. The gentleman
as it originally stood, the word "citizen of the; has no right to speak on that subject.
United States," or "citizen of the State" was  Mr. BRENT. I have the right to state the reanot tobe found. In that instrument we found the son whytermused was "persons"- "people" —"freemen.";  Mr. BUCHANAN. Oh! no, you have no such
But in the year 1810, when the right of suffrage right.
was extended, there was a provision that every  Mr. JENIFER. If we adopt this principle, why
free white male citizen of the State should be may not a gentleman get up on every question
entitled to vote. That term had stood the test and say he distrusts the count of the chair, and
of forty years without producing a single incon- ask the yeas and nays.
venience or difficulty. It-appeared to him that  The CHAIRMAN. Ttl, Chair presumes that
there could not be any objection to its use. He every member of this body is an honorable man,
preferred it because he thought that the dignity and would not make such a statement unless he
of the State of Maryland would be consulted by believed it to be true. (Laughter.)
acting up to the idea that there was such a thing  The yeas and nays were then ordered, and
as a citizen of that State. When the gentleman being taken, resulted as follows:
from Baltimore county (Mr. RIDGELY) had cited  Affirmative.-Messrs. Chapman, President,
theprovisions of the Constitutions of other States, Morgan, Blakistone, Dent, Hopewell, Ricaud,
he (Mr.-G.) had turned to the Constitution of Lee, Chambers, of Kent, Mitchell, Donaldson,
the State of Virginia, of the history of which he Dorsey, Kent, Weems, Dalrymple, Bond, Brent,
had some knowledge. The words there were of Charles, Jenifer, Ridgely, John Dennis, James
"every free citizenof the Commonwealth." He U. Dennis, Crisfield, Dashiell, Williams, Hodwould barely suggest that possibly the words "a son, Goldsborough, Eccleston, Phelps, McCulcitizen of Maryland," were more appropriate lough, Sprigg, McCubbin, Dirickson, McMaster,
than the words''a citizen of the United States." Hearn, Fooks, Jacobs, Annan, Schley, Fiery,
He should always contemplate with painful John Newcomer, Harbine, Davis, Waters, Smith,
emotions the possibility that there ever could be Parke and Cockey-46.
a separation of the States of this Union. But it.Negative.-Messrs. Randall, Buchanan, Chandmight happen that three or four of the States ler, Lloyd, Sherwood, of Talbot, Chambers, of
might withdraw-that there might be a rupture, Cecil, Miller, McLane, Bowie, Tuck, Spencer,
oreven apeaceable separation. The.Convention:Grason, George, Wright, Shriver, Biser, Sapwas framing a Constitution which, if it should pington, Stephenson, McHenry, Magraw, Nelprove acceptable to the people, and calculated son, Carter, Thawley, Stewart, of Caroline,
to promote their honor and interest, might en- Hardcastle, Gwinn, Stewart, of Baltimore city,
dure for ages to come. And, looking to the pos- Brent, of Baltimore city, Presstrnan, Ware,
sibility that either of the events to which he had Neill, Kilgour, Weber, Hollyday, Slicer, Shower
alluded might occur, -he would prefer that a and Brown-37.
term shotld;be used Which was applicable to the  So the amendment was adopted.
people of the State.                         The question then recurred upon the amendMr. BOWIE and:Mr. DORsEY made mutual ex- ment as offered by Mr. WEBER.
planations.                                  Mr. BUCHANAN, moved that the Committee
Mr I. U.-DENNIS said, that some of the States rise.
had made negroes citizens, and given them the  Determined in the affirmative.
right of suffrage. If other States have this pow-  The Committee accordingly rose, the Presier, it is to be presumed thatwe have.      dent resumed the Chair, and the Chairman reThe question was then taken on the amend- ported that the Committee had in obedience to
ment of Mr. DORSEY, and the vote was declared order, had the said report again under considerato be, yeas 39, nays 30.                   tion, and had come to no conclusion thereon.
Mr.-SPENCER suggested that there was a mis-  And the Convention adjourned until to-morrow
take in the count (a large number of members morning eleven o'clock..




76
SATURDAY, Jan. 18th, 1851.    tion of the motion of Mr. SOLLERS, to amend the
The Conv, i pu e of its o, met twenty-third rule which is as follows:
The Convention, in pursuance o  rder, met  "The preceding rules shall be observed in a
this daye at eleven oM'clock.Committee of the Whole, so far as they are apPrayer by the Rev. Mr. GRAUFF.           plicable, except that part of the twentieth rule,
The roll of the memrwhich restroll ofthe members was called. A quofrom speaking more
rum teing present, the journal of yesterday was than twice upon the same question. The aes
read, and a typographical error having, on motion and noes shall be taken in Committee of the
of Mr. WEBER been ordered to be corrected,was Whole, in the same manner as they are taken in
The PRESIDET said that the regular order of Convention, and a journal of the proceedings in
The PRESIDENT said that the regular order ofa Committee of the Whole shall be kept. The
business would be reports of Committees.   motion to adjourn and the previous question,shall
There being no reports-                  not be in order in the Committee of the Whole."
The PRESIDENT announced the unfinished busi- Mr. SOLLERS moved to amend the rule, by
ness of the morning hour, to be the amendment striking out these words, "except that part of
to the resolutions of which Mr. RANDALL had the 20th rule which restricts members from speakheretofore given notice.                  ing more than twice upon the same question.
THE PREVIOUS QUESTION.         The ayes and noes shall be taken in Committee
of the Whole, in the same manner as they are taThe Convention resumed the consideration of ken in Convention."
the amendment heretofore offered by Mr. RAN-  Mr SOLLERS said that his only motive in proDALL, to amend the 17th rule, which is in the posing the amendment, was to facilitate the bufollowing words:                           siness of the Convention. It was well known
"The previous question shall be always in that there had been occasions in committee of
order in Convention, if seconded by amajori- the whole, where gentlemen had spoken four or
ty; and, until decided, shall preclude all further five times. If' this state of things was to continue,
amendment and debate, and shall be in this form: the session of the Convention would be protract'Shall the main question be now put?' When, ted a long time. The same motive-to save the
on taking the previous question, the Conventionconsumption of time-hadinduced him also to
shall decide that the same shall not now be put, offer the other part of the amendment, which
the main question shall be still under considera- proposed to prohibit the taking of the yeas and
tion, and if the previous question is sustained, the nays in committee of the whole.
main question shall be on the adoption of the  Mr. HARBINE said that he was in favor of the
proposition under consideration. And in cases first branch of the amendment, but was opposed
where there- shall be no pending amendments, to the adoption of the second. He believed that
the question shall be first taken on such amend-restriction upon debate would to some extent be
ments in their order, and without further debate
ments   their order, and without further debatenecessary to prevent the discursive, wild and
desultory discussions which took place in comrnMr. RANDALL had moved to amend this rule as  ittees. As to the latter part of the amendfollows:                                   ment, he was opposed to its adoption, as he
1. After the word "Convention" in the 1st thought it important that the privilege of taking
line, insert the words "the mover designating the yeas and nays in Committee, should be allowwhether the whole or a part and what part of ed He could see no sufficient reason why they
the matter depending is comprehended in his should not be taken in the Committee, as well as
motion;.",   in the Convention. The only objection that
2. Strike out all after the word " adoption' in could be urged was that the yeas and nays might
the 8th line, and insert in lieu thereof the follow- be taken twice on the same proposition;, but he
ing words, "of the special matter under consid- submitted whether there were not some proposieration, and the question shall be taken thereon tions voted upon in Committee, which never
alone without further debate or amendmentmightbe voted upon inthe House at all.
thereof, and the previous question shall be then  Mr. PHELPS was in favor, he said, of the adopexnhausted.A"  ^mre    ta     s   em      tion of both the amendments of the gentleman from
Mr. RANDALL remarked, that as some mem- Calvert, (Mr. SOLLERS.) As Chairman of the
bers of theConvention were not probably in their Committee on the Rules, he had dissented from
seats when he made an explanation of the opera- the proposition to take the yeas and nays in Comtion of this amendment, he would repeat that ex- mittee. He regarded the taking of the yeas and
planation, so that gentleman might understand nays there, as a work of supererogation, because
the object which he had in view.
the object which he had in view.          they could as well be taken in Convention.
Mr. R. explained accordingly.              Mr. SPENCER asked for information. He did
Some conversation followed between Mr. Bi- not understand that every measure offered in comSER and Mr. RANDALL. as to the effect of the mittee of the whole would come up again in
am endment.                                Convention.
The question was then taken, and the first and  Mr. PHELPS. I mean to say, that it is compe
second branches of the amendment were sever- tent for a gentleman to offer the same proposition
ally adopted.                              in Convention, which may have been voted down
BUSINESS OF THE CONVENTION.        in Committee.
Mr. SPENCER. But a great deal of time will
The Convention proceeded to the considera. be unnecessarily consumed in that way. I hear




77
it suggested also, that if the previous question is and immediately. I anticipate a great deal of
called in the House, itwill cut off all amendments talking. Certainly, if we are to judge of the fulost in committee ofthe.whole. Again, if a gen- ture by the past, this anticipation will be realtleman knows that a proposition has been voted ized. I desire that all gentlemen who wish to
down in Committee, by a record vote, he will express their sentiments should have the privinot renew it in Convention, because no object lege of doing so; but I think that we are in duty
can be attained by doing so.              bound to adopt this resolution.
Mr. SOLLERS explained that his only aim was  I do not entertain any feeling of jealousy or
to save time, and that when gentlemen reflected ill will towards any member of this body. All
on the objects for which this Convention had I desire is that we shall make the most rapid proassembled, it seemed to him they could not hesi- gress in the business of the Convention, that is
tate as to the propriety of adopting this amend- consistent with a sound and enlightened action.
ment.                                     Nothing, I believe, will more effectually tend to
The question was then taken onthe first branch  accomplish that object than that members should
of the amendment, and it was agreed to.   have the opportunities for discussion and for the
And the question recurring on the second  comparison of their views, which my resolution
branch of the amendment, (prohibiting the yeas proposes to give them.
and nays in committee of the whole,)        Mr. BUCHANAN said it seemed to him that the
Messrs. JOhN NEWcCOmER and HARIBINE cal- committees should have time to consider and preled the yeas and nays, which were-ordered, and pare their reports before they were called upon
being taken, resulted as follows:        to make them. The committee on the Judiciary,
for example, was in session many hours, and
/ffirmative.-Messrs. Chapman, President, Mor-  would have to be in session hereafter at various
gan, Blakistone, Hopewell, Ricaud, Lee, Chai- periods during, the day, and if this proposition
bers, of Kent, Donaldson, Dorsey, Wells, Raners, of Kent, Donaldson, Dorsey, Wells, Ran- was to be adopted, he' thought that the Chairdall, Kent, Sellmanl, eDalrymple,  Bond, Sol- man of the committee should ask (and if that, Brent of Charles,  gentleman did not, he (Mr. B.) would ask,) that
anan, John Dennis, James U. Dennis, Crisfield, the committee should be discharged from furWilliams, Hodson, Goldsborough, Phelps, Tuck, thor service. Certainly, the committee never
Grason, George, Wright, McMaster, Hearn, could, under a resolution of this character, disJacobs, Annan, Hardeastle, Gwinn, Stewart, of charge its duty to itself and to the Convention.
Baltimore city, Ware, Davis, Waters, Anderson,  Now, he believed, that all the members of this
Weber, Slicer, Fitzpatrick and Smith-6.                                   But there.Negative.-Messrs.Dent, Ridgely, Lloydu Sher- were various opinios about the mode in which
wood, of Talbot, Dashiell, Eccleston, Chain- that object could be effected. His proposition
bers, of Cecil, McCullough, McLane, Bowie, was, to meet together in small numbers, about
Sprigg, Spencer, Fooks, Shriver, Biser, Ste- the,ize of one of the ordinary committees, to do
phenson, McHenry, Nelson, Carter, Thawley, th~ work whilst there; and the same necessity
Stewart of Caroline, Presstman, Schley, Fiery, Would not then exist for the "talking" which
Neill, John Newcomer, Harbine, Parke and his friend (Mr. FIERY) so much and so well apSo the amendment was adopted.           prehended the danger. Looking to the amount
of business before some of the committees, it
DOUBLE SESSIONS, &C.           was impossible to move along if this resolution
was to be adopted. He hoped that it would be
Mr. FIERY offpered the following resolution:  withdrawn; or that, if not so, leave would be
Resolved, That from and after Monday, the granted to the committee on the Judiciary to sit
s7th inst., the Convention shall hold morning during the sessions of the Convention.
and evening sessions; the former commencing at  Mr. HARBINE said he would state one or two
ten o clock, and the latter at three o'clock.  facts, in reply to the remarks of the gentleman
The resolution having been read,        from Baltimore county, (Mr. BUCHANAN,) as to
Mr. PRESSTMAN moved that it be laid on the the business before the Committee, which would
table.                                    he (Mr. H.) thought throw all such,arguments
Mr. FIERY requested that the motion might be into utter insignificance. How long would it
withdrawn.                                take the Convention to get through with the reMr. PRESSTMAN. I am so unwilling to refuse ports which had already been made? If the exany request which my friend may make, that I perience of the past, formed any guide for the
will withdraw the motion, if he will renewit af- calculations of the future, another Summer's
ter he has submitted such remarks as he may de- sun would have risen and past before these resire to offer.                            ports were disposed of; and his friend from
Mr. FIERY. I will do so.                 Baltimore county, therefore, would have ample
Mr. PRESSTMAN. I withdraw the motion.   time to prepare and submit half a dozen reports
Mr. FIERY. I simply wish to say, that this or- if he desired to do so. What length of time did
der, if adopted,, will not take effect until next the gentleman desire to have for the preparation
Monday week. I desire that the committees ofthereport on the Judiciary question? At the
shall have time to make their reports, and that rate at which the Convention was'now going on,
all the members of this Convention who are so- the gentleman would have until at least the first
licitous to discharge the duties for which they of July; and thus, no more time would be wanted
have been sent here, should go to work earnestly than, from the present aspectof things,the Conven



78
tion was going to give. It was not that time was (renewed laughter)-and to regularity of meals.
wanted by the Committees-but that it was As to the latter difficulty, this resolution would
wanted by the Convention. There was already set all that matter right. As to the diet, gentlebusiness enough before them to occupy them  men knew very well that many of them get betthree months, and'before that time had elapsed, ter here than they were accustomed to at home.
other business would be presented for their con- (Roars of laughter.) Among this class, he had
sideration.                                no hesitation in placing himself.
He cordially sustained the resolution, and  He thought that the labor of the mind should
hoped it would meet with the favor of the Con- be done out of the Convention —that gentleman
vention.                                   should reflect upon the matters before themMr. KILGOUR said that in voting against this and that when they came here, they should be
resolution, as it was his intention to do, he obey- prepared to act. But he called for concert of
ed the voice of at least one of his constituents, action. Mr. S. illustrated the condition of things
who told him before he left home to take care of in the Convention, by some similes which creahis health. (Laughter.) And he had promised her ted much amusement.'that he would do so. (Renewed laughter.) Was  In concluding,Fhe referred to the change which
it not enough to kill any man to sit here six or had taken place this day in the operation of the
seven hours a day? Especially hard was it as previous question. That change had been made
concerned the reporters.  Some little regard without reflection, and woul, he thought, sericertainly ought to be shown to them. Yet so ously retard the action of the Convention. The
great was the labor, and so apprehensive was one one only remedy for all these difficulties was
of them (Mr. WHEELER) as to the result, that it that which he had designated-concert of action.
was understood he was already in negociation  The hour of twelve having arrived, the Conwith an undertaker as to the expenses of a de- vention passed to the orders of the day.
cent christian funeral in the city of Annapolis.  Mr. CHAMBERS, of Kent, moved that the Con(General laughter.) Now, after the discussion vention resolve itself into committee of the
had been carried on for a short time, it would whole, but waived the motion to enable
be found that the Convention would grow tired  lMr. MERRICK presented a communication
of it; and the result, he thought, would be that from Joseph C. G. Kennedy, Esq., superintenda Constitution would be framed at an earlier date ent of census, covering a statement of the poputhan some gentlemen anticiped              lation of the State of Maryland.
Mr  TWR, Of l, he d   t   The communication was read and, on motion
Mr. STEWART, of Caroline, said, he did not ofMr. MERRICK, was ordered to be printed.
rise so much for the purpose of saying any thing
for or against the resolution immediately under      THE ELECTIVE FRANCHISE.
consideration, as to suggest to the Convention  On motion of Mr. CHAMBERS, of Kent
the necessity of giving their vote only after ma-  The Convention resolved itself into Committee
ture reflection. How often had the rules been of the Whole, Mr. BLAKISTONE in the Chair,
already changed? The whole system, as regard- and resumed the consideration of the report subed the hour of meeting, had been one of con- mitted by the former gentleman from the Comstant, ceaseless change. But the procrastina- mittee on the Electi e Franchise.
tion which had marked the proceedings of this  The pending question was stated to be on the
body, grew not so much out of the speeches that amendment heretofore offered by Mr. WEBER,
were made, as out of the want of concert of action to add to the end of the amendment, offered by
in and out of the Convention. It was necessary M. CHAMBERS, the following words 
that there should be such a concert of action by  " Provided, That the voter, if required, shall
a majority of the Convention somewhere, either make affidavit, that he did not move into the
in or out of doors. He cared not how that end election district to affect the election then being
was to be brought about. He was ready now  held."
to go into a Reform caucus, and ascertain who  Mr. BUCHANAN said, he believed he was entiwere Reformers, and who were ready to do tied to the floor, but as there was no question penthe business of the Convention. Here they were ding upon which he desired to be heard,he would
floating recklessly about on the broad waters of yied his right to any gentleman who desired
speculation, every man entertaining his own it.
views and adhering to his own pre-conceived  Mr. CHAMBERS, of Kent, said he wasabout to
opinions; and if things were to go on in this offer a proposition, which he supposed would
way, it was easy to foresee that the session constitute the first section, sofar as the Convenwould be protracted to an indefinite period. He tion had, by its votes indicated what that section
would vote for this resolution, just to try it.  should be. After conference with several genAllusion had been made to the probable loss tlemen, some of whom voted on one side, and
of health by the members of the Convention. some on the other, in relation to the various proHe thought every gentleman looked pretty well. positions, which had been offered, and after hear(Laughter.) But it was not because they sat ing some difficulties expressed in relation to the
here too long, or deliberated too intensely that effect of the vote on the proposition of the gendanger to their health was to be apprehend- tleman from Anne Arundel (Mr. DoRSEY) which
ed. It was to be feared from the fact, that gen- had been adopted yesterday; difficulties arising
tlemen lived too high-(general laughter)-Gen- from an apprehension, that that proposition
tlemen came here accustomed. to plain diet would not effect the object designed; he (Mr. C.)




79
was prepared to offer a first section in a form  then pulled out of his pocket an amendment which
which he thought would embody the various he had prepared with a view to set himself right
views of the Convention.                   before the Convention, and showed it to the genThe section was read as follows:         tlemen.
He could not have desired such a construction
"Every free white male person of twenty-one of his amendment as was charged against him,
years of age or upwards, who shall have been  his amendment as was charged against him
for one year next preceding the electi      with any sinister design, because the report would
entr onfe ySaer next preceding te onth a residnt have borne the same construction after, as before
dent of the State, and for six months a resident his amendment. It reads, "every  ee, white,
of the city of Baltimore, of Howard District, or male citizen." Who rea these itizens who hve
of any county in which he may offer to vote, and  mae into our State are these citizen s who have
being at the time of the election a citizen of the oe into ura        ae and  resideaongu san
United States, shall be entitled to vote in the                            a       nt
ward or election district in which he resides, in turalzed citizens fo oeteron w d apy t never
all elections hereafter to be held, and at all such turalized citizens from other States. He never
elections thee votes shall be taken by  at all   conceived such an idea as postponing the rights
elections the votes shall ebe taken by ballot  of these citizens for twelve months. He had voThe section having been read:            ted for the present proposition, which carries out
Mr. CHAMBERS withdrew his previous amend- that which he brought forward yesterday. And
ment, and offered this in lieu thereof.    he would not now have said one word but to exMr. WEBER'S amendment thereupon fell to plain his conduct.
the ground under the operation of the Parlia-  The question was taken on the amendment of
mentary Law; and                           Mr. Stephenson, to strike out six months, and
The question being on the adoption of the insert "three;" and it was rejected.
amendment last offered by Mr. CHAMBERS,      The question then recurred on the amendment
Mr. BowiE suggested to the gentleman, so to of Mr. CHAMBERS, of Kent.
modify it, as to insert after the words "a citizent  Mr. CHAMBERS would explain in few words.
of the United States," the words "and of th e Originally every man voted in the county in
State."                                    which he resided, and every man in every part
Mr. CHAMBERS said, the difficulty was that of the county voted for the same officers, whether
there were some forty members of the Conven- for officers of the General Government or of the
tion, who would express the same idea in dif- State. There was no such thing as a voter in
ferent terms. Personally, le had no objection to one part of a county or city, voting for a repreit, except that it loaded down the section with sentative of one district, and another voter in the
phraseology which could have no effect upon it. same county or city, voting for a representative
Mr. BowiE explained; that the only difficulty of another district. This arrangement was subsehe had about the matter, was that, in his judg- quently altered. Now by the act of 1843, the
ment, it was not in fact true that every citizen first eleven wards of the city of Baltimore, are
of the United States was a citizen of the State thrown into one Congressional district, and the
of Maryland for political purposes.        other wards into another. So Howard district
Mr. GRASON said that he thought the amend- being part of Anne Arundel county, forms part
ment, as it now reads, was in conformity with of one Congressional district, and the residue of
the wishes and opinions of the Convention. He that county forms part of another. Congress
would therefore vote for it.                having full jurisdiction over the subject, has deMr. CHAMBERS suggested that the gentleman flared that each State shall be divided into sepafrom Prince George's could move his amendment rate and single districts, and it is therefore most
as a separate proposition.                  probable that this interference between the geo-: Mr. STEPHENSON moved to amend the amend- graphical lines by which the counties are divided,
ment by striking out the word " six " and insert and the goegraphical lines of the Congressional
"three"before the word " months," so as to districts will occur in other instances, as
make it read "' three months.".    the increasing population of the United States
Mr. CHAMBERS expressed a hope that the Con- may continue to require an increased ratio
vention would adopt the amendment he had of- of representation. Now then it is apparent
fered, as a substantive proposition. He would that if a residence of six months in the county
afterwards introduce another proposition.   or city, shall entitle a person to vote in any
Mr. DORSEY rose to vindicate himself against part of the county in which he has his acaninsinuation thathe a ad been actuated by some tual residence, the voters in a divided counsinister design in his conduct on yesterday. It ty or city, have advantages not possessed by
seemed to have been understood by some gentle- those in other counties. Thus, a man residingin
men that the object of his amendment was to post- Prince George's county for six months prior to
pone the exercise of political rights by natural- the election, must vote for the representative in
ized citizens, by requiring of them, after they Congress for the first district, and if at any time
had been naturalized here, to reside twelve less than six months before the election, he remonths in the State, as well as six months in the moves into the county of Anne Arundel, he loses
county. He wasinformed by his colleague, after his vote altogether. But his neighbor, living it
leaving the committee room last night, that such may be, not one hundred yards from hiim, yet on
construction had been put upon his course. He the opposite side of the line which divides the
was informed this morning at the breakfast table, two counties, and thus having a residence in the
that a sinister design was imputed to him. He first district, may by remo-ving into Howard di;



80
trict the day previous to the election, obtain his  Mr. CHAMBERS then offered the following
vote in the third district. So a voter residing in amendment:
the twelfth ward of the city of Baltimore, and  "And in case any courty or city shall be so
entitled to vote in the third district, may by re- divided as to form portions of different electoral
moving into the eleventh ward, over night, claim districts for the election of Congressmen, Senahis vote next day in the fourth district. It is tor, Delegate or other officer or officers, then to
therefore obvious that these persons have advan- entitle a person to vote for such officer, he must
tages and privileges not common to other citi- have been a resident of that part of the county or
zens, and it is admitted that a remedy is neces. city which shall form a part of the electoral dissary to produce equality.  The amendment now trict, in which he offers to vote, for six months
offered, simply proposes that in all cases a voter next preceding the election, but a person who
shall have resided in his Congressional district shall have acquired a residence in such county or
or the district for which any officer is to be cho- city, entitling him to vote at such election, shall
sen, for six months previous to the election.  be entitled to vote in the election district from
An erroneous opinion seemed to prevail, that which he removed until he shall have acquired
he desired to restrain or restrict the right of a residence in the part of the county or city to
suffrage. It was not so. His sole object was to which he has removed."
secure to legal, honest, fair voters, the just ef- Which was twice read
fect of their votes, by preventing false and fraud-.
ulent votes.                                Mr. SELLMANsuggested that a delay of a day or
The amendment he now offered, had a further two should be allowed for the consideration of
provision, which would extend the right of suf-this amendment, as he thought that some diffifrage to a considerable class of persons, who had culty might exist in relation to it. It was a pronever before enjoyed it, but as he thought ought position for which all gentlemen would be liketo have it. Where a citizen now removes from ly to vote, if they could properly do so; and he
one county to another, although all the time in cited, in illustration; a case in which difficulty
the same district,he cannot vote unless he has re- might arise.
sided six months in the counths  y to which he last  Mr. PARKE moved to strke ot sx months and
removed.                                  insert "one," but, on a suggestion fromthe Chair,
By his amendmee te pv         that the motion was not now in order, withBy his amendment, he would have the privi- drew it.
lege of voting always in some part of that district, if he had not removed entirely beyond it.  Mr. CHAMBERs modified his amendment by inThis provision would not only remedy the evils serting the word'ward."
which had been suggested as likely to be felt by  Mr. SPENCER said that the proposition of the
men in humble life, whose necessities required gentleman from Kent, struck him with great
them frequently to change their place of residence, force, but he thought it was not entirely exempt
but would extend the right to quite a considera- from difficulties. Therefore, he asked a little
ble number of persons now disfranchised.  more timefor itsexamination. As the gentlePR N sd he hd a mh s     r man from Kent desires to promote the object we
Mr.PRESSTMAN said he had a much stronger all desire in this proposition, it might be desiraobjection to this amendment than to the five dysbl to let it lie over until Monday. He stated,
restriction, as applicable to Baltimore.  The in brief, what were his objections, and as he
ground taken by the Baltimore delegation, was wished to vote for it, if on examination these
that Baltimore had a population much greater in objections should be removed. He would vote
amount, than other counties; and the hardship that the amendment might be laid on the table,of the proposition bore more hardly on them and printed. It can be again offered in the
than others. He instanced the operation of the  ouse; or, after we have voted on some other
restriction on the residents of Baltimore, to show amendments, might be brouht up again in comthe effect of the restrictions. He did not wish amtee of the whole.
to encourage or countenance any frauds; and 
concluded with expressing a hope that the right The CHAIR intimated that the motion was not
of a legal voter might not be infringed, lest an now in order.
illegal vote should be admitted.           Mr. CHAMBERS made a further explanation, in
Mr. MERRICK could not believe it possible, which he suggested that as in all laws for practhat this body could put all the counties of Mary- tical purposes, hardships could not be in every
land on the same footing. He instanced the ine- case avoided. So it might possibly be in carryquality to which this would give rise, and con- ing out this law. The proposition now offered'tended that laws should not be so made asto have had been deliberated on, and the Committee had:a partial operation. The amendment now offer- come to the conclusion that if we cannot extend;ed secured equal rights to all.         the franchise to all, we may to some. He had
Mr. RIDGELY stated that he had voted against no desire to press the vote now. It might be
the five days restriction; but his difficulty was postponed until Monday, if the Convention
entirely obviated by this amendment, which was not prepared to acton it.
broke up colonizatson, and gave sufficient pro-  Mr. SPENCER did not wish to be understood as
tection to the legal voters. He would go for it. opposing the amendment. The gentleman from
The question was then taken on the substitute Kent, had forcibly presented his reasons. But
amendment of Mr. CHAMBERS, and it was agreed his objections were not obviated. He hoped
to.                                       the amendment would be printed, after which he




81
might be prepared to offer an amendment, which tion to make five days residence in an election
would obviate his objections.              district necessary to entitle the elector to voteThe question was then taken and the amend- and seem to think that any guards thrown around
ment of Mr. CHAMBERS was agreed to.        the ballot box to protect it from fraud, is a reMr. SELLMAN enquired whether the amend- striction upon the rights of the elector. It is
ment would be open to amendment in Conven- stigmatized by some as oppressive, a grievous
tion?                                     infringement of the elective franchise. How is
The reply from several quarters was in the it that five days residence in an election district
affirmative,                              in the city of Baltimore is a denial of the right of
REGISTRY LAW.               suffrage, and the requirement of six months residence in the counties should be a just and necesMr. JENIFER said, he was gratified to find that sary restriction? Should the proposition now
we had gotten through with the first section. under consideration be adopted, it will apply to
That difficulty having been surmounted as far as the whole Slate and there is nothing invidious in
the Committee was concerned, he would now  it. Reject it and according to the construction
move the amendment which he indicated some given to the clause in the Constitution by the
days ago.                                  gentleman from Baltimore, and others, a single
"That the Legislature may provide for a uni- night's sleep in any district will entitle the elecform registration of voters within the State of tor to vote in that district, whether for delegates
Maryland, which shall be taken and held as the to the Legislature,members ofCongress,or at othonly evidence of the qualifications of said voters, er elections. Mark the difference as applied to the
to vote at any election that may hereafter be held counties. No elector can vote for a Governor
in the State."                             or member of Congress until he shall have a
Mr. J. said, it was admitted by all that under bona fide residence of six months in the county
the present system frauds were committed upon in which he proposes to vote. He may be elithe right of suffrage, and the purity of the ballot gible as Governor or Representative in Conbox annually invaded. It was also admitted that gress, and elected as such, but cannot vote hima remedy should be applied, but it was objected self, unless he has resided six months in the
that none heretofore proposed would be ade- county. Whereas in the city of Baltimore the
quate to correct the evil-hence, all have been elector can cross over into any election district,
rejected. A registry law, with proper provisions, and by one night's residence vote in all cases of
seemed to him to be the best measure to accom- elections. Is there not a singular inconsistency
plish the object.                         in the action of gentlemen in regard to the elecThe distinguished gentleman from Cecil, (Mr. tive franchise?  No member of this body, no
MCLANE,) suggests additional penal laws. The honorable man in the State would deprive the
gentleman from the city of Baltimore, (Mr. honestly entitled elector of his vote-no honorPREssTAIAN,) thinks that the committees of vigi- able man should encourage the vote of one not enlance at the polls, the most effectual preventive. titled. In either case it would be unjust and an
The gentleman from Caroline, (Mr. STEWART,) infringement upon the rights of those entitled to
says, give to every voter a homestead, and other suffrage. But if allthe evils attendant upon illegentlemen have given their views, but no defi- gal and fraudulent voting, cannot be arrested,
nite proposition made, which has not been rejec- does it follow that we shall not make such wholeted. If then, this Convention, seeing the evils some regulations as may prevent a portion of
of the violation of the elective franchise, the them.
innumerable frauds committed at every election,  Mr. RICAUD offered an amendment to whichcannot provide the remedy, let us, at least,  Mr. PRESSTMAN suggested a modification by
place it in the power of the Legislature. to the insertion of the word "unfair," &c.
make such regulations as may be adequate. The  Mr. RICAUD accepted the suggestion, and the
registry law of 1837-8, which was repealed in amendment was read as follows:
1839, is referred to, as evidence against it. It  Insert after the word "Maryland," the followshould be recollected that that law was confined ing:
to the city of Baltimore. It was partial and in-  "And from time to time thereafter, of all who
vidious; many believed it to be unconstitutional, may become such qualified electors;" and add
as he (Mr. J.) did. It imposed duties upon the at the end of the said amendment, the words folelectors of the city of Baltimore, which were lowing: "or some other uniform provision wherenot common to others of the State. The law  by the legal and qualified electors may be fully
itself was inadequate.                    and truly ascertained, and the elective franchise
By adopting the amendment now proposed, it protected from all fraud."
will enable the Legislature to pass a Registry  Mr. JENIFER accepted the first branch of Mr.
Law with such provisions as may guard the bal- RICAUD'S amendment as a modification of his
lot box from fraud and place all the voters of the own.
State upon the same footing. The question of un-  Mr. I(ILGOUR said, he desired to move an
constitutionality will not arise,the experience of amendment to the amendment of Mr. JENIFERthe past will be beneficial to the future-no by striking out in the first line the word "may,"
honest man entitled to a vote, will be deprived and inserting in lieu thereof, "shall not." Mr. K.
of the inestimable privilege, whilst it will pro- also desired, he said, to make a speech, but
tect the elective franchise in its whole purity.  thought he could make it better on Monday than
Gentlemen are quite indignant at the proposi- to-day. Some opportunity should also be allowed
11




82
to the Reporters to bring up the proceedings, Convention adopting the resolution heretofore ofand he would, therefore, move that the Commit- fered by Mr. THOMAS in relation to the preparatee rise.                                  tion of a map for the use of the Convention,
The motion having been agreed to-        shoIring thle boundaries of the several election
The Committee rose, and reported progress.  districts, &e.
Mr. CHAMBERS, of Kent, suggested that as   And the Convention proceeded to the considmany members were absent, or going away for eration of the motion to reconsider.
the Sabbath, he would, to give them an oppor-  Mr. W., in explanation, said, it seemed to him
tunity of being here at the meeting of the Con- that it was impracticable to obtain the informavention, move thatwhen the Convention adjourn- tion sought by the resolution, and the only object
ed it adjourn to meet on Monday, at twelve he had in moving a reconsideration, was to\ enao'clock.                                   ble the gentleman to make such explanations as
Mr. HARBINE moved to substitute ten for would perhaps be satisfactory to the Convention.
twelve.                                      Mr. ThoMAs said he was under the impression
The motion of Mr. CHAMBERS (being first in that the gentleman from Calvert, (Mr. WrEES,)
order) was agreed to.                      upon conference with the officer of the ConvenAnd then the Convention adjourned until Mon- tion who had charge of the execution of the orday at twelve o'clock.                     der, would readily learn that such progress had
been made in the preparation of the map, as
would satisfy his mind that all the information
asked for, could he obtained within a very limited
MONDAY, January 20th, 1851.     period. Most of the tabular statements called
The Convention met at twelve o'clock.     for in the order had previously been ordered by
Prayer by the Rev. Mr. GRIFFITH.          the Convention; and the only effect of his (Mr.'he roll was called and a quorum being pre- T's) resolution, would be to append these statesent, the Journal of Saturday was read and ap- ments to the map. The boundaries of the counproved.                                     ties; the boundaries of the city of Baltimore, and
* The PRESIDENT announced the regular order of the several wards of the city; and many of the
of business to be the call of the committee for boundaries of the several subdivisions of the seveReports.                                    ral districts were already delineated, and he was
Mr. JENIFER, chairman of committee No. 14, assured upon the authority of the gentleman who
to which was referred the order to enquire into was making the map, and who was an experithe expediency of reporting some constitutional enced surveyor, that the whole of the Work
enactment by authority of which the future Le- would be completed in a short time.
gislature of the State shall have power to pass  The occasion did not require, that he (Mr. T.)
laws, providing for the removal of the free col- should assign the reasons which had led him to
ored population from the State of Maryland, offer a resolution calling for this map. He supi asked to be discharged from the further consid- posed it would be anticipated by every intellieration thereof, and that the same be referred to gent gentleman, that he (Mr. T.) intended to
the committee on the free colored population. make use of it in the contingency of aproposition
The motion was agreed to.                 to sub-divide the State into several single election
On motion of Mr. STEPHENSON, it was       districts, for the choice of members of the House
Ordered, That the committee on Corporations of Delegates. That was his own individual preenquire into the expediency of providing in the ference. How far that preference wouldbe connew constitution for limiting theftime for which curred in by the members of this body, he had
charters hereafter granted, shall endure to twen- no means of predicting, He had conferred with
ty years; also, into ththehe propriety of vesting very few gentlemen, but he knew that there were
the Legislature with the power of altering or re- others besides himself, who had such a prefervoking any charter whenever, in their opinion, ence. If there were only a small minority here
the public interest may require it, but in such  who desired at the proper time to express their
manner that no injustice be done to the corpora. reasons for prefering this mode of apportionment,
tors.                                       they threw themselves upon the courtesy of the
DOUBLE SESSIONS.               Convention to afford them the requisite facilities
for procuring such facts and documents as would
The PRESIDENT announced the unfinished bu- enable them to submit that preferred mode to the
siness of the morning hour to be the resolution consideration of the Convention, if it could be
heretofore offered by Mr. FIERY, providing for done without a very large or unreasonable exmorning and evening sittings of the Convention. penditure of the public money.
Mr. PHELPs suggested that, as the attendance  The largest portion of the cost had already
was not very full, it might perhaps be better that been incurred by the officer having charge of the
the resolution should lie over until to-morrow  work. He had employed an experienced surMr. FIERY acquiesced in the suggestion,  veyor. The whole map, Mr. T. supposed',would
And by general consent, the resolution was not cost more than twenty dollars. After the
laid over until to-morrow.                 map should have been prepared, it was his intenORDERS OF THE DAY.              tion to submit al proposition to have it lithographed, that each member of the Convention
Mr. WEE Ms called up the' motion of which he might have one or more copies.  The lithohad given notice, to re-consider the vote of the graphing would be a matter of small expense.




83
Some four or five cents a copy would be the en- remarks, not extending beyond five minutes, by
tire charge.                               the several proposers of such amendments.
Mr. WEEIS took the floor but yielded for the  The resolution having been readmoment, to,                                  Mr. McHENRY said, he desired to make one
Mr. RANDALL, who referred to an order which remark.
he had offered heretofore. It was his object, he  Some conversation followed between Messrs.
said, to elect through districts, and that could RANDALL and MeHENRY, when the latter gentleonly be accomplished by successfully carrying man, on a suggestion to that effect made by Mr.
out the motion of the gentleman from Frederick, CHAMBERs, of Kent, and in which Mr. McHENRa
(Mr. THOMAS.) He.(Mr. R.) submitted to the acquiesced, the consideration of the order was
Convention that this mode of electing delegates postponed until to-morrow.
was more truly in accordance with the plan and       THE ELECTIVE FRANCHISE.
the spirit of representation gentlemen, than an
election by the consolidated vote of the counties.  On motion of Mr. PHELPS, the Convention reIt accorded also with the plan adopted by Con- solved itself into committee of the whole, Mr.
gress for the election of ltepresentatives to that BLAKISTONE in the chair, and resumed the considbody.                                      eration of the report of the committee on the
Mr. WEEMS said, it was not his object to op- Elective Franchise.
pose the procurement of this information. But  Mr. KLGOURas entitled to the oor, having
it:struck him that it was altogether impractica-on Saturday indicated his intentionto offer an
ble to give a correct district line upon the map amendment of hich he had given notice.
Mr. Se~ndeos statwhc  that Mr. KiLGno   Wace
which was in progrtss. He believed also, that     SOERS stated that Mr. KLGOUR 
it was altogether impracticable to obtain another confined to his room by indisposition.
item of the information sought for-namely, the  Mr TUCK then took the floor. He had done
population of the several election districts in thes  he said for the urpose of submitting a morespective counties, without incurring a very tin which would be the means, lie thought, of
largeexpenise.                             saving much time. He had reflected upon it a
M. THOMS sd, t sice is reurn  A good deal. It was that the committee rise and
Mr.-THOMAS said, that since his return to An-                                  Con0apolis, the Clerk had suggested the difficulty of report thbill uder cnsideration to the Conventioni, together witt all such amendments as
executing the order in the particular to whichhad eenadogthd. Ae  w olldstatebriefly hi
the gentlemtan (Mr. WEES'is)P lh  referred. 1c had been adopted. And:he wotldstate briefly his
views fo' tliiscourse of proceediig. It was very
(Mr. T.) had been under the impression, until vls fo this cou e of proc ee  sat as very
Well known, that if the committee sat a mon'th:
otherwise informed, that in the Executive De- woneron tis ill all the  clauses would have
partment1 of the Government, would be foundio                               t a  dy or
returns of the population in each of the election   co up  ag a      in i n Conven ton  n i
districts, ut he had been tol that the Marshal two ago, a call for tile yeas and nays in commitdistricts, but he had been told tliat the Marshal                  entemen could have
tee had been in order. Gentlemen could have
in taking the census for Maryland, had sometimes te sam  Ltitude in Corvention that they had in
disregarded the boundaries of election districts, coamitude. He took it for  antd that t entleand that, therefore, definite information could committee. He took it for granted: that gentlenod at theef ore, e        information could men would not travel beyond the legitimate range
not be had..                       of debate in Convention any more than in commitHe (Mr. T.) had suggested a remedy for this tee, and lie was free to say that, as yet, he had
difficulty which it seemed to him, would be sat- heard nothing that was very wide of the legitiisfactory. The Secretary had sent a circular to mate mark.
the several Clerks of the County *Courts asking  Mr. T. further enforced the propriety of his
them to report the aggregate vote in the eleetioni  motion, showing that double votes would be
districts at the recent election for Governor. saved, and much time in other respects saved;
Although, upon this information, we could not and concluded by moving that the Committee
have a precise account of the inhabitants of the rise.
several districts, we could approximate sufficient-  But Mr. T. withdrew the motion on a suggesly near to it for any purposes which the Conven- tion by Mr. MCHBINRY, that he (Mr. McH.) had
titn might desire to accomplish.           waived his resolution, because the Chairman of
Mr. WEEMS. All I intended to say was, that the Conmmittee on Elections was not present, and
I considered it impracticable to obtain the popu- that reason applied still more forcibly to the prelat6on of the election districts in the county from  sent proposition than to the other.
the retirns of the census-that there was no  So the motion was withdrawn.
data upon which that population could be ascer-S
EGISTIRIAION oF VOTERS.
tamined. I withdraw the motion to reconsider.
So the motion was withdrawn.               The question was now stated to be on the
Mr. McHENRY. With great diffidence and amendment heretofore offered by Mr. RICAD
somie misgiving, 1 oIfer the following order:  to the amiendmcnit of Mr. JENiFER, which last
Ordered, That the debate on thiearticle of the Inamed ameindment provides for a registration of
coristitiAtion, reported by the committee on the the names of voters within thi State -&c.
elective franchise, shall terminate in committee  The amendment of Mr. RtICUD was as folof the whole oh Wednesday the 22d inst., at two lows, (Mr. JENIFER liaving accepted the first
d'clock, P. M., when each amendment pending, part of the:amendment asa modification of his
or which may be offered shall be passed upon, own. Add the following words to the end
without any further discussion than explanatory of the amendment:




84
"Or some other uniform provision whereby the of Mr. JENIFER, by striking out all after the
legal and qualified electors may be fully and words, "the Legislature," and inserting in lieu
truly ascertained, and the elective franchise pro. thereof the following:
tected from all fraud."                     "Ought from time to time to pass such laws as
Mr. J. U. DENNIS gave notice of his intention in their wisdom may be deemed necessary to asto move, when in order, to amend the amend- certain the legal and qualified voters of the State,
ment of Mr. JENiFER, by striking out the word and to protect the elective franchise from all
"may," and inserting the word "shall"-(so as fraud."
to make the provision imperative on the Legisla-  Mr. MORGAN said, he was opposed to the pasture.)                                    sage of any law for a uniform system of registraMr. JENIFER turning to Mr. D., and therefore tion. He was opposed to it: First, because he
scarcely heard at the Reporter's desk, was un- could see no reason why such a law should be
derstood to express his preference for the lan- passed, where it could have no proper applicaguage of the original amendment, which had tion. He could see no reason why the Convenbeen inserted, he said, after due reflection and tion should incorporate in the Constitution a proupon consultation with friends.           vision declaring that the voters in his county,
Mr. DENNIS said that if we were to have a where, sofar as his knowledge extended, there
Registry law at all, it seemed to him that it was no fraud, should be required, simply bewould be best to make it imperative. If such a cause frauds were committed elsewhere, to go
law was to exist, it should be made incumbent and register their names in the county town or
upon the Legislature to pass it, and should not election district of the State. It had been albe left to the alterations of party in every suc- leged, and in part, it was a matter of notoriety,
cesive Legislature; as it had been suggested par- that in other sections of the State, frauds had
ties alternated every two years on the oyster law. been committed; and wherever they were comMR. RICAUD stated his object, (in his second mitted, he desired that the Legislature should
amendment,) to be to empower the Legislature, have the power to apply the corrective. Hence
by Constitutional provision to pass such a it was, that he was opposed to the amendment
law  if they deemed it necessary, and thus of the gentleman from Charles, (Mr. JiNIFER,)
take away the objection that the Legislature because he saw that it would operate unjustly.
transcended its Constitutional power, if they His (Mr. M's,) amendment, would cover the
should think this the best mode of protecting the whole ground, and would give to the representaelective franchise.  If a Registry law should tives of the people, who were supposed to know
not be the best mode to accomplish the object, their wants, a sufficient grant of power to prothen the Legislature would have it in their pow- tect the ballot box from  fraud, wherever it
er to pass such other laws as they might think might exist. If it existed in any of the counproper.                                   ties or cities of the State, let them pass laws
Mr. SPENCER. The reason which will induce applicable to those counties or cities; but let
me to vote against the whole proposition is this; them not have the power to pass laws which
if it is proper that any other restrictions should would act injuriously, and in his opinion wrongbe imposed upon the voters of the State, beyond fully, upon those portions of the State where no
those which now exist, let it be done here. 1 such outrages were committed.
am unwilling to leave the matter to the changes  He declared his belief that the opposition to
and vacillations which must attend it, if it is re- the Registry Law formerly passed with referferred to the discretion of the Legislature. If it ence to the city of Baltimore, arose from the
is proper the thing should be done, let us do it. fact, that it did not operate uniformly; that reIf it is not proper, let it go by the board.  strictions upon the elective franchise should opeThe question was then taken, and by ayes 37, rate alike upon all citizens of the State, whether
noes 17, the amendment was rejected.      in the city or county, and that therefore, the law
The question was then stated to be on the itself was unconstitutional, in as much as it imamendment heretofore offered by Mr. KILGouR, posed upon the citizens of Baltimore, burthens
(which prohibits the Legislature from  passing in the exercise of their rights, which were not
such a law.)                              imposed upon the citizens of the counties. He
Some desultory conversation followed, as to could see the force of this objection, and he conthe fact whether Mr. KILGOUR'S amendment was'tended it was equally appropriate here, because
or was not pending before the Committee.  it was proposed to make the rule apply to a peoMr. DAVIS expressed the hope that the final ple, in respect to whom the reason of the rule
vote on that amendment, would not be taken in had no force.
the absence of Mr. KILGOUR, as that gentlemen  He had heard different gentlemen give their
desired topresent his views.              testimony in regard to the illegal votes in their
After some further conversation,        counties. He repeated, he had no such experiMr. J. U. DENNIS offered the amendment indi- ence as to his own. He had no knowledge of a
cated by him, (making it imperative on the Legis- single illegal vote having ever been given there,
lature to pass a Registry law.)           which, at the time was known to be illegal. He
Mr. McMASTER called for the yeas and nays.  knew that there were other counties of the State
The CHAIR reminded the gentleman that, under that were similarly situated. He could see very
the late change of the rules, the yeas and nays great reason why a general grant of power should
could not be taken in Committee.          be given, leaving it to the Legislature in its wisMr. MORGAN moved to amend the amendment dom, to apply it where frauds existed, and where




the pure voice ofthe people,wasstifled by the cor- tern of bribery and corruption, root and braneIi.
rupt practices of men, who had no legal right to He feared, however, that no such proposition
vote.                                      would receive the vote of the Convention. Meai
Mr. JENIFER thought that there was some in- sure after measure had been met by solid phalanx
consistency in the argument of the gentleman arrayed against it, and on Saturday last the genwho had just taken his seat, (Mr. MORGAN.) His tieman from Caroline, (Mr. STEWART) had called
objection was that the provision would operate for "concert of action." He (Mr. D.) had nul
unequally upon the State. Would not the same doubt that the requisite numbers would comerule apply, according to the argument of the gen- with the clansman.at the sound of Roderic Dhu's.
tleman, to any law for the prevention or punish- whistle, and vote against this thing.
ment of crime? And might not the gentleman,  Mr. McHBENRY. (Interposing.) The gentlewith equal propriety, say that no petty larcenies man from Caroline, (Mr. STEWART) is not nowW
were ever committed in St. Mary's county; and, in his seat. But the'gentleman over the ways.
therefore, it was unjust and oppressive in the (Mr. DENNIS,) has misconceived the remark,,
Legislature, to pass a law to punish petty larce- The gentleman from Caroline called for concert.
nies in the State? So far as he, (Mr. J.) could of action on the part of reformers.
perceive, the amendment of the gentleman would  Mr. DENNIS. Who are they-may I ask the'
do away with any benefit that might be expected gentleman who represents the gentleman fromn
to result from the passage of the law. He want. Caroline?
ed to have such an enactment, not for a part of  Mr. McHENRY. Some very good reformers.
the State, but for the whole of it-Charles coun- are among the Whigs.
ty, Baltimore city, and every other section of the  Mr. DENNIs. I shall present myself as a reState. Any thing less than that, would fall far former at your call-though I am apprehensive
short of his views and wishes.             that my claim will be rejected.
Mr. MORGAN denied the applicability of the  Mr. D. concluded by briefly contesting the arillustration given by the gentleman from Charles, gument of Mr. MORGAN as to the unjust operation..(Mr. JENIFER,) to the point under consideration, of the amendment of Mr. JENIFER, and argued.
under the proposition of that gentleman, if thatthere would be muchinjustice inthe amend —
frauds existed in Charles county, and no where ment of the gentlemen from St. Mary's, (Mr..
else, the Legislature could not pass a law to MORGAN.)
remedy the evil in Charles county without mak-  Mr. MORGAN said, that the gentleman who had!
ing it applicable to the State even though frauds just taken hisseat (Mr. DENNIS) had misconceived
did not exist, thus making no discrimination be- hislamendment. He (Mr. M.) had offered no
tween the innocent and the guilty.         amendment, making special reference to counMr. J. U. DENNIS said, he did not expect that ties-or giving power to the Legislature to make
any thing he could say would influence the opin- local laws. His amendment gave to the Legision of any member. Still as he was in favor of lature the constitutional power to discriminate
any proposition which had for its aim, the pre- between the application of laws to particular
vention of these frauds, he should say a few  sections and a uniform system. If the Legislawords upon the various propositions before the ture, knowing the wants of the people and inCommittee. He could not assent to the propo- formed of the existence of frauds, deemed it nesition of the gentleman from St. Mary's, (Mr. cessary to pass a uniform Registry Law, ithey
MORGAN.) He (Mr. D.) was in favor of every were to do so. The power was full and ample
measure not absolutely onerous in itself which to pass, or not to pass it, as the case might require.
would tend to the purification of the ballot-box. He would be the last man to introduce partial
The Committee had heard from other gentlemen provisions, because he thought that the operation
how frauds were committed in other counties; of laws should be uniform. If frauds existed,
but some of them knew nothing of frauds in their the Legislature would act; if such frauds were not
own. To hear the gentleman from St. Mary's made to appear, they would not act, The matter
(Mr. MORGAN) and the gentleman from Balti- should be left with the Legislature, who were
more county, (Mr. BUCHANAN) speak of their the Representatives of the people, and responsicounties, one would suppose that they inhabited ble to them.
"A land of pure delight,          tIMr. PHELPS thought the proposition before,
re aint  puo eign,      tile committee was so uniform and fair that nao
Where saints immortal    gentleman,could vote against it. Every genFor his own part, he believed that in every see- tlemea who believed that frauds did exist at
tion of the State, more or less, these frauds pre- the ballot box, and that the evils were such as
vailed. It was in the nature of the Government to require a corrective, could not fail to give
and in the nature of the human character, that it his sanction. It merely gave the Legislature
it should be so.                           thel right to pass such laws as in its wisdom,
What was the corrective? As one means he they fight think necessary and proper to cor —
was in favor of the amendments of the gentleman rect existing evils now or in the future.
from  Charles, (Mr. JENIFER.) He (Mr. D.)    Was not every gentleman satisfied that such)
had voted, and should continue to vote for every frauds did exist in certain sections of the State,.
measure which held out a reasonable hope of and that they would increase unless this Conveneffecting the object in view. He believed that a tion should adopt some effective means for theirRegistry Law, coupled with the amendment of detection and suppression? It seemed to him
the gentleman from Kent, would cut up this,sys- that on a proposition so little liable to the charge



86
of being indviious, or of distinguishing between amendment of the gentleman of St. Mary's, (Mr.
one section and another, gentlemen might meet MORGAN.)
as upon a common platform, and give their uni-,  Mr. PHELPS SO understood him. The gentleted strength to the accomplishfmenft of the great man contended thatby the adoption of this amendobject in view. Suppose the Convention should ment, we give the Legislature the right to overreject the proposition under consideration, and ride the Constitution. Has not the Constitution
the proposition of the gentleman from Charles, given the power th e Le Legislature to grant diwhat would be the effect?  The Legislatur  vorces, and to levy taxes; and does not every orwould say that they had no power to pass such lganic law grant certain powers to that body, and
laws, and they would point to the refusal of this reserve other powers? The argument of the
Convention to authorize them, as unerring evi- gentleman from Washington may be applied to
dence of the fact. He earnestly hoped that one all other powers, as well as that which is emor the other of the two propositions would be braced in this amendment. The gentleman from
adopted.                                   Calvert, (Mr. WEEMS,) had taken the ground that
Mr. HARBINE said that probably he did not it was either necessary to have a registration law,
precisely understand the proposition of the gen- or unnecessary; and that if necessary, it ought to
tleman from St. Mary's, [Mr. MORGAN,] but that be a general law, acting uniformly throughout
according to his, [Mr. H.'s] construction of it, it the State, and might be passed byXthe Legislameant one of two things, and that, in either case, ture without a constitutional provision; if it was
he should feel constrained to vote against it. He not necessary, there was no need to insert any
was in favor of such an organic law, as would such provision in the organic law. He reminded
not be subject to the whims and caprices, [if he that gentleman that when the Registry Law of
anight so express himself,] of the Legislature. If 1838 was passed, the question in regard to its
tee object of the amendment of the gentleman constitutionality was raised, and there was at.fnm St. Mary's was that the Legislature should least one gentleman in this body who asserted
Lhawe the power to control the organic law, after that it was unconstitutional.
tfhic Convention should have defined the right of  The amendment of the gentleman from St.
theeitizen in relation to the right of suffrage, Mary's proposes to invest the Legislature with a
then'he [Mr. H.] was opposed to it.  f that was limited control over the elective franchise, and
not the object, and it was solely to throw guards if this Convention now, by a solemn vote, refuse
around the right of suffrage, then he would ask, to grant this power, those who succeed us, must
had not the Legislature got that power already, infer, that any attempt hereafter, by legislative
without any such provision? He illustrated his enactments to prohibit illegal voting, will be an
position, and declared his intenti6n to vote exercise of power not contemplated by the fraagainst the amendment.                     mers of the Constitution, and therefore totally
Mr. WEEMS said he was as' much disposed as unauthorized.,ny man to throw all proper guards and protec-  Mr. SOLLERS said that the question was simtion around the ballot-box. Such a law was ply of. a grant of authority to the Legislature
either necessary or not. If it was necessary there which it either did or did not now possess. He
should be no discretion on the part of the Legis- would like to hear the gentleman from Dorcheslature; but it should bd made its imperative du- ter, (Mr. PHELPS,) on the power of the Legislaty to pass such a law.                     ture to pass a Registry Law without a special
If it was not necessary, there was an end of the: grant from the Constitution. He had never heard
question. He was no lawyer, but he was alto- the Registry Law of 1838 objected to on the
gether opposed to giving to the Legislature in the ground that it was unconstitutional. If the Leorganic law of the State, (by which bounds were gislature already have the right to pass such a
to beset, beyond which the. different departments law, why is there a necessity for any special
of the government should not go,) a discretion grant of power? If we do insert such a proviwhich would enable them to enact laws that sion in the Constitution, the Legislature have the
might operate locally, unequally, or unjustly.-  power without it, and can exercise it when they
He was opposed to both propositions, and should think it necessary to do so. He objected to the
vote against them; although he was in favor of a change made by the gentleman from Charles in
general registry law to prevent frauds. He had the original anendment, by the substitution of the
no personal knowledge of frauds, but he believed word " may " in the place of" shall," and referthem to exist, not only in the city of Baltimore, red to the present Constitution to show that the
but in the respective counties; and if a Registry imperative mood was used in that instrument.Law would prevent them, lie would vote for The change might lead to the inference that cirsuch a law, to operate throughout the State and cumstances might occur in which the exercise of
to leave no discretion. He was either for letting the power would be inexpedient, and such a law
the thing alone altogether, or for making the ought not to be enacted. He thought the wisest
provision imperative and giving the Legislature course would be to let the matter rest as it is,
no power to repeal it.                     and leave it to the Legislature to exercise their
Mr. PHELPS rose to make a very few remarks; own discretion.
on the powers of the Legislature, in reply to  M. MORGAN reminded the Convention of the
what had fallen from the gentleman from Wash- answer given the other day, by the gentleman'
ington, (Mr. HARBINE.)                     from Prince George's, that he had always conMr. HARBINE said he was speaking of the sidered the Registry Law of 1838 unconstitution



87
al; so that we have one gentleman in the Con- culpable as the other of accomplishing the same
vention who holds that opinion,            object. He offered the following amendment:
Mr. BowIE said his remark did not apply to a  Insert in the third line of the second section,
Registry Law uniform in its operations through- after the word'thing," the words "to induce any
out the Stete.                             voter to refrain from casting his vote, or (forciMr. MORGAN stated that his amendment grant- bly) to prevent him in any way from voting or."
ed to the Legislature the power to pass such  Mr. RANDALL suggested the introduction of
laws as in their wisdom may be deemed necessa- the word "forcible"-to meet the evil of "coopry to ascertain the legal and qualified voters of ing."
the State and to protect the elective franchise  Mr. MERRICK accepted the modification.
from all frauds.                             Mr. BRENT, of Baltimore city, suggested that
The question was then taken on the amend- the words "with intent" should be inserted.
ment of Mr. MORGAN, and the vote stood yeas It was the intent, he said, that should be pun37-nays 17.                               ished.
So the amendment was rejected.             And after some conversation, the question was
The question recurred on the amendment of taken, andthe amendment as modified was agreed:
Mr JENNIFER.                               to.
Mr. JENNIFER asked the yeas and nays.      Mr. SPENCER offered an amendment; to insert
The CHAIRMAN said the yeas and nays could. after the word "for," in the third line, the words
not now be taken in committee.             "himself or for." Rejected.
The question was then taken and the vote stood  Mr. BRENT, of Baltimore city, moved the folyeas 25-nays 21.                           lowing amendment:
So the amendment was rejected.             Strike out in the last line the words "or to
There being no other amendment to the first vote at any election thereafter."
section, the second section was read as follows:  Mr. BRENT, of the city of Baltimore, assigned
" Sec. 2. That if any person shall give any as his reason for submitting this amendment, his
bribe, present or reward, or any promise or any unwillingnessbysosevere a puishment as the
security for the payment or delivery of any mon- original amendment prescribed, to shut out forey or any other thing, to obtain or procure a vote ever from so high a privilege, the person who
for any candidate or person proposed or voted may be guilty of the offence, and thus to render
for, as elector of President and Vice President o it mpossible for reformation to restore him
the United States, or Representatives in Con- to his forfeited rights as a freeman. It inflicts
gress, or for any office of profit or trust now cre ranchisement forever, and cuts him off from
ated or hereafterto be created by the Constitu every hope of being allowed again to exercise
tion or Laws of this State, the person giving and ths valuable franchse. It makes him an unforthe person receiving the same, shall, on convi- giveable offender. Belevig such punishment to
tionin a cout of law, in addition to the penal- be too severe for the offence, he moved to strike
tion in a court of law, in addition to the penal- out the words.
ties now or hereafter to be imposed by law, be out           the words
forever disqualified to hold any office of profit or  Mr. MERRICK expressed his opinion that any
trust, or to vote at any election thereafter."  one who would prostitute this sacred right, ought
trust,. SPF E  oe t amn    si rpt        forever afterwards to be deprived of it.
Mr. SPENCER moved to amend said report by  Mr. BRENT suggested the case of a young and
inserting after the word"'give," in the first line, inexperienced voter who had recently become
the following "by himself or by any other per- possessed of the right, and, who in a moment of
son, or by any means direct or "indirect."  thoughtlessness, and under strong temptation,
Mr. SCHLEY offered, as a substitute for said had been drawn for a moment from the path of
motion, to insert after the word "give," in the rectitude. Would you inflict on him, perhaps a
first line, the words " directly or indirectly." minor, a punishment so severe, that, when at a
Mr. SPENCER thought these words would not later period of life, he may have repented of the
answer the purpose..Those of his own amend- act, changed his course, and become a useful
ment, he: suggested, prevented all evasions or citizen, he shall find himself under the ban of
equivocations..                            this perpetual disfranchisement? However peniMr. SCHILEY dissented from this view, and con- tent, he must never again be permitted to vote.
tended that the application of other words except Now, he was not in favorof going to the whole
those contemplated in his amendment, was a extent of perpetual disfranchisement, because
mere unnecessary accumulation of language. In the offender had in early youth violated the law
forming an organic law, the words used should in this respect. He was perfectly willing that
be as few and as pithy as could be used to ex- any punishment of a less severe character should
press the object of the provision,         be inflicted, but he thought that which was now
Some discussion, chiefly in the nature of ver- proposed was altogether too severe.
bal criticism, followed.                     Mr. MERRICK was of opinion that the very case
The substitute amendment of Mr. SCHLEY, cited by the gentleman from Baltimore would be
by ayes 37-noes 10, was agreed to.         one which ought to be marked out for an examAnd the amendment as thus amended was ple to others. It would, he admitted, be hard on
agreed to.                                 the individual himself, but it would on that acMr. MERRICK said, the Convention had provi- count, have a more salutary efficacy in checking
ded for the positive evil of bribery; and he propo- the growth of the crime.
sed now to provide for a negative mode just as  Mr. RIDGELY moved a substitute for the pro



88
position of the gentleman from Baltimore city,  The Convention, on motion of Mr. MCMASTEI,
(Mr. BRENT,) which, however, Mr. R. with- passed to the order of the day.
drew.
Mr. SPENCER expressed a hope that the amend-       THE ELECTIVE FRANCHIBS.
ment of the gentleman from Baltimore county  The Convention thereupon resolved itself into
would not be adopted. To give authority to re- committee of the whole, Mr. BLAKISTONE in the
mit the penalty in a place like the city of Balti- chair, and resumed the consideration of the remore, where, in times of high party excitement, port of the committee on the elective franchise.
the offence would be the most likely to be corn-  The state of the question was as follows:
mitted, would be to open the door to its frequent  Mr. MnnRIcK had moved to amend the
repetition. It was necessary that the punish- second section of the report, by inserting in the
ment should be severe and certain. He would third line after the word "thing," the following,
be willing to abate a little from perpetual dis- "to induce any voter to refrain from casting his
franchisement. But he was opposed to leaving vote, or forcibly to prevent him in any way from
the punishment within the reach of remission.  voting, or," &c.
Mr. RICAUD moved to amend the amendment    Mr. BRENT of Baltimore city, had moved
by inserting the word "for the period of five to amend the section by striking out from the last
years," after the word "election," in the last line thereof, these words, "or to vote atany elecline.                                      tion thereafter."
Mr. CRISFIELD said, that as the distinguished  And Mr. RICAUD had moved to'amend said
gentleman at the head of the committee was ab- section by inserting, after the word "election,"
sent, as it was near the usual hour of rising, and in the last line, the words "for the period of five
as he (Mr. C.) thought that in deference to that years."
gentleman an opportunity should be afforded to  Mr. BRENT of Baltimore city, expressed his
him to be heard on the several pending proposi- willingness to adoptthe proposition of Mr. RICAUD
tions, and in defence of his own-he (Mr. C.) limitingtheoperation of the clause to the period of
would move that the committee rise.        five years.  But he, (Mr. B.) gave notice of an
The motion having prevailed, the committee amendment which he intended to offer as a subrose and reported progress.                stitute for the whole section, as it was amended.
And the Convention adjourned until to-morrow  Mr. MERRICK said he hoped the amendment to
at eleven o'clock.                         his amendment would not prevail. In our sympathies for the victims of crime, we were prone
to forget the great object of punishment. It was
a fault in our nature, though a fault which "leans
TUESDAY, January 21st, 1851.    to virtue's side." Men exercisingthe high funcT ~ Covninmtations for which this Convention had assembled,
The Convention met at eleven o'clock.    should not yield to such impressions. The great
Prayer by the Rev. Mr. GRIrFFTH.          object of punishment was its example upon sociThe roll was called. A quorum was present, ety-its effect in purifying and elevating the
and the Journal of yesterday was read and ap- moral tone of that society.  All punishments
proved.                                    should be so framed as to have the greatest efMr. ANNAN presented a petition of sundry feet upon that moral tone; to preserve it pure, if
tanners and dealers in leather, praying that no it could be so, and to punish with a heavy hand
change may be made in the inspection of leather, all those who would attempt to pollute it. IndiWhich was read and referred to the Commit- vidual sympathies should not be listened to, when
tee on inspections.                        the public good required that punishments should
Mr. DAVIS presented the address of the Primary be inflicted. Vengeance, it was true, did not beSchool Convention, to the people of Maryland, long to man-but in the spirit of justice, and not
signed by John S. Tyson, Esq., and others.  of vengeance, he would act. He referred to the
Which was read.                          many cases in which every appeal which human
Mr. D. remarked that there was a large sympathy could make had addressed itself to the
amount of important and interesting statistical hearts of some of the best and purest men that
information contained in the address, and that had ever lived, and yet where justice had been
the committee had very considerately printed a sternly executed. And he instanced particularlarge number of copies, which would be laid on ly the caseof Major Andre. Mr. M. called upon
the table of members to-morrow morning.    the Convention to imitate the example of the
Referred to the Committee on Education.  Father of his Country in that case.
Mr. SPENCER laid before the Convention an  Here was a crime which struck at the vital
account of James T. Wootters, clerk to the levy principle of all republican governments; and alcourt of Queen Anne's county, for information though gentlemen of good hearts might feel refurnished the Convention under their order of luctant to inflict exemplary punishment upon
December 2nd.                               those who committed it, yet, if the public good
Which was read and referred to the Commit- required it, that punishment should not only be
tee on Accounts.                            severe, but should be inexorably meted out.
The PRESIDENT announced the regular order   He referred to the condition of public opinion
of business to be the call of Committees for Re- as evidence of the light estimate in which this
ports.                                      crime of fraud upon the ballot box had heretofore
There being no reports-                   been held, and the necessity of infusing a new




89
pathies for the victims of crime, we were prone this mischief was permitted to increase and multo forget the great object of punishment. It was tiply, as the Convention had been told from varia fault. in our nature. though a fault which "leans ous quarters it had increased and multiplied for
to virtue's side."  Men exercisingthe high func- some years past-and as it would cQntinue to do
tions for which this Convention'had assembled, if it was regarded with the least toleration. He
should not yield to such impressions. The great believed that the most imminent peril to the conobject of punishment was its example upon soci-.tinuation of our institutions was to be apprehendety-its effect in purifying and elevating the ed.fromthisWverysource. Hefqrboretopaint-he
moral tone of that society.  All punishments had not command of language.to paint even
should be so framed as to have the greatest ef- thebeginning of the terrible scenes which would
feet upon that moral tone; to preserve it pure, if follow, when the people should come to learn that
it could be so, and to punish with a heavy hand those who had been elevated to the high places
ail those who would attempt to pollute it. Indi- of the land, did not occupy them by the voice of
vidual sympathies should not be listened to, when legalvotes. Whatever might be the reception,
the public good required that punishments should or the fate, of other portions of that Constitution
be inflicted. Vengeance,it was true,did not be- which the Convention might present to the peolong:to man-but in the spirit of justice, and not pie, he had no doubt that any provision which
of vengeance, he would act.'He referred to the might be placed in it for the purification of the
many cas'es in which every appeal which human ballot-box, would meet with a cordial and unisympathy could make had addressed itself to the form response from one extremity of the State
hearts of some of the best and ptrest men that to the other. He should be g'atified if; his colhad ever lived, and yet where justice had been league, (Mr. RICAUD.) would withdraw  his
sternly executed. And he instanced particular- amendment until a vote should have been taken
ly the caseof Major Andre. Mr. M. called upon on the question.as it stood.
the Convention to imitate the example of the  Some conversation followed
Father of his Country in that case.          Mr. RICAUD remarked, that he was willing to
Here was a crime which struck at the vital take any plan which the (oventinightsugprinciple of all republican governments; and al- gest, if it would meet the point. And if that otthough gentlemen of good hearts might feel re- ect could be accomplished by the withdrawal of
his amendment, le would withd byaw tith
luctalt to inflict exemplary punishment upon his amendment, 
those who. committed it, yet, if the public good  But, after some conversation with Mr. MERrequired it, that punishment should not only be RICKsevere, but should be inexorably meted out.  Mr. R. adhered to his amendment.
He referred to the condition of pIublic opinion Mr. Tucic said, all must agree that something
as evidence of the light estimate in which this should be done to prevent the evils complained
crime of fraud upon the ballot box had heretofore of. But in all penal laws there was a principle
been held, and the necessity of inrfusing a new  of this character, that you might make the punand more healthy tone into the public mind by ishment so great that no jury would enforce it.
proper and adequate provisions. Let the pres- Such, he thought, was the nature of the proposientarnd rising generation be taught that this wasion before the Committee. If the argtment of
not Athe light and trivial offence which it had the gentleman from Kent, (Mr. CHAMBaES,) had
hitherto been d'eemed, but that it was in fact a been made in favor of the punishment for the
great and heinous crime. The beneficial results term of five years, it would have been a powerof such a policy would soon be made apparent. ful one. The limitation of five years was suffMr. Do1RSEY said, he did not precisely uder- cient for the purpose, and he was glad that the
stand what the amendment was, and he would gentleman from Kent, [Mr. RicAuD] h ad perbe glad that it should be read.            sisted in his amendment. He [Mr. T'. should vote
for it. If that was voted down, then he should
The state of the question became the subject vote for the proposition as it came from the Comof some conversation between Messrs. MERRICK, mittte.
PH ELr and TucK; after which the amendment   Mr. MERRICK argued that there was no fear
was again read.                            that the laws   would not be enforced by
Mr. CHAMERs, of Kent, said, that he feltsome- one or the other party-by that party against
what embarrassed by this proposition which had which the votes might be cast. The preservabeen offered in his absence. Undoubtedly the tion of the purity of the elective franchise-the
amendment of the gentleman from Kent, (Mr. preservation of Government itself, required that
RICAUD) was better than no provision at all. But we should hold up to public scorn, as a terror to
he (Mr. C.) hoped that the Convention would not others, all those who might be disposed to; comnow falter in the disposition which it had hither- mit a similar crime.
to manifested, to adopt the most stringent pro-  Mr. TUCK suggested that this law was not to be
visions against corrupt voting.  He said the enforced at the polls, but upon conviction in.
immediate, the avowed object-that which bore courts of justice. It was the sympathy ofjuries,
directly upon the question-had reference to cor- to which he had referred. His idea was that if
rupt proceedings at elections. On that point, he the punishment was made too severe,convictions
had supposed that there was no difficulty in the could not be obtained.
Convention.                                   Mr. CHAMBERs, of Kent, correcting a misapHe called the attention of gentlemen to the prehension into which. he said, his friend from
erroneous consequences which must result, if Prince George's [Mr. TucK,] had fallen, in rela12




90
lation to his [Mr. C.'s] remarks, as to the charac- priety of charging grand juries on the subject,
ter of the men by whom these frauds were per- he said that some of the most eloquent and propetrated, proceeded to reply to the position that bing charges he had ever heard from the bench,
juries would not execute the law, if the crime were addressed to this very evil. It was a miswas punished too severely. His, [Mr.C.'s] hope take to suppose that there had been no proselay in this: we were taking a new start-we cutions and convictions; but the great misfortune
were about to have a new Constitution-old things had been, that when courts ahd juries had done
and old measures were passing away. There their duty, the Executive in high party times, had
was:to be a line chalked between the time pre- interfered to arrest the legitinate results. Carry
sent and the time passed. He was disposed to out the principle which he had laid down upon
hope, and he believed, that the honest, respecta- that point, in his amendment-infuse by the acble, intelligent portion of the people, [which tion ol this Convention a high moral sentiment in
was the immense mass of the community,] was the public mind, and the object so long desired
so satiated, so gorged with the miserable state of would at length be accomplished.
things which existed, and for which all former  Mr. JENIFER felt, he said, that he could not
remedies had proved inefficient, that they would give a silent vote on this question, but would dereadily avail themselves of the means to get rid tain the Convention only with a very few words.
of it. He did not think that the mitigation of the The object which all gentlemen had in view was
punishment contemplated by the amendment, was to prevent corrupt voting. But it seemed to him
calculated to accomplish the end sought to be that the proposition before thecommittee was calattained.                                 culated more than any other to defeat that object.
Mr. SELLMAN desired as much as any man, he He believed that the amendment limiting the
said, to prevent bribery and corruption. He did term of condemnation would have a beneficial
not, however, believe that these crimes existed effect. Under that amendment he believed that
to the extent stated. For upwards of twenty a conviction would be obtained as soon as the
ears, he had represented a constituency cor ase might present itself. The penalty, without
years, he had represented a constituency cor- the amendment, was too rigorous —so much so
prising more than three thousand voters. Nine- the amen t, was too rgoous-so much so
tenthsof them, he believed were pure, and no as, in his judgment, to prevent persons being
man dare approach one of them with an impro- prosecuted. Under the limited punishment, the
per motive.                              first conviction would go far to arrest the evil.
per ea th prvso     f the ol ConstitutnBut make the punishment perpetual, and the
He read the provision of the old Constitution  clause would remain, as that in the existing Conon this subject, and asked gentlemen to state of stitution had done, a dead letter.
what good it had ever been productive. Had   Mr. J. U. DENNIs thought that the heaviest
any convictions taken place or any indictments brand of condemnation should betamped upon
been preferred under it? He would like his col- that man who would prostitute the elective
league, (Mr. DoRsEY,) to give his experience on franchise. But he had risen mainly to say a
that point,  the pr pose wa               word in reply to the gentleman who addressed
He thought the punishment here proposed was the committee a short time since (Mr. SELLMANl.)
too great. Still, if gentlemen would show him Mr. D. then took up the statement which had
its necessity, he would vote for it. He believed been made by Mr SELLMAN as to the incorruptithat all punishments should be so proportioned bility of nine-tenths of his constituents; and ento the offence committed, that there could be no tered upon a mathematical calculation to show
difficuilty in enforcing the law.          that, upon the principle that one-tenth could be
He suggested the good results which would corrupted, there were five hundred and thirty
follow, by the constant presentation of this ub  nine of his constituents that might be approachject of bribery and corruption to the consideration ed in that way.
of grand juries. He did not think that any gen- Mr. SELMAN explained that he did not intend
eral provision in the Constitution would reach to say that there were not more than nine-tenths
the evil. He desired to see it put down, and that were incorruptible. He believed that there
thought that moderate means would be the twere.
most effectual.  He preferred the amendment  Some conversation followed between Messrs.
limiting the punishment to five years, but would SELLMAN and DENNIs.
vote for the other proposition if thatcould not be  Mr. BRENT, of Baltimore city, stated that he
passed.                                   should vote for the amendment disqualifying the
Mr. SPENCER briefly recapitulated the ground party convicted, from voting or holding office for
he had taken yesterday on this question, and five years, but should afterwards rely on a subproceeded to say that he concurred in the views stitute referring this whole subject to the Legisthat had been expressed by the gentleman from  lature and making it obligatory to pass full and
Kent, (Mr. CHiAMBERS.) He [Mr. S.] would go suitable laws for the prevention of these offences.
with that gentleman to the utmost extent in It seemed to him that gentleman had been so
crushing this evil and would vote for the clause much stunned and confused by reports of elecas it now stood.                          tion frauds all over the State, that they were runIf, as had been intimated, there had been no ning wild on the subject. One gentleman has
convictions, it was not the law which prevented said that the bribing of a voter was worse than
it, but it was the morbid sentiment that prevail- murder. Mr. BRENT, would not for one moment
ed among men of position, which had led to that justify such an act, but if it is worse than murresult. Replying to the argument as to the pro- der, why not make it a capital offence at once,




91
and hang the offender under the second section,  Some conversation followed between Mr'
for we were now at work on that section.   CHAMBERS, of Kent, and Mr. RIDGELY.
He would go as far as any man, in inflicting  Mr. JENIFER expressed the hope that if any
adequate punishment in all such cases, but he did such proposition as the gentleman from Baltimore
not desire to see the punishment so severe and county, (Mr. RIDGELY,) indicated, was to be
excessive, that juries would recoil from its in- adopted, he hoped it would be made to apply
fliction and malfactors would escape.      generally or not at all.
Mr. RIDGELY then offered his amendment in
Nor would he consent to lay down as proposed, the following words:
one undeviating, inexorable and unbending rule, Add at the end of the second section the folpunishing all offenders for life, without any sort lowing words: 3
of reference to the extenuating circumstances  And over allsuch offences or the punishment
which might exist in many cases. It is scarcely or disability imposed thereon, the Executive of
possible that all would offend in equal degree, the this State shall exercise no power or control."
inexperienced youth,;led away by designing men,  Mr. SPENCER gave notice that at the proper
might be the victim equally with the hardened time he should offer the following as additional
offender. By the proscriptive terms of the sec- sctions to the report:
tion as reported, every offender is to be disfran-  Insert after the 2nd section the following:
chised from voting or holding office for life, in  Section 3rd. That every person who shall be
addition to other penalties. Is this just or con- elected to any office whatever, in said State heresonant to the dictates of humanity? No mercy, after, or who shall be appointed to any.office
no forgivness for the repentant man, who by whatever, in said State hereafter, shall before he
years of moral conduct, may atone for youthful enters upon the duties of the office to which he
crime. Mr. BRENT would not thus deprive a may be elected or appointed, first take and subman of every motive to become a good citizen, scribe the following oath, (if not conscientiously
but would think five years disfranchisement scrupulous, and in such case, affirmation,)before
enough. The old Constitution has disqualified some one of the Judges of the Court of Appeals
such offenders from holding office, and yet no of this State  
one has ever suffered under its idle restrictions., ---, do solmenly swear that I have not at
Why is this so? Because the penalty is too harsh any election held in this State, since the ratificaand disproportioned for the offence. It is therefore tion of the new constitution of this State, or in
impossible to get up a prosecution or to convict, any other way, in any manner violated the prounder so penal a code, and this accounts for the visions contained in the 2nd section of the said
morbid feelings heretofore entertained by the constitution relating to bribery, and that I have
community as stated by the gentleman from not procured or induced by any means, any indiQueen Anne's, (Mr. SPENCEn.) But he (Mr. vidual or individuals to vote at any such election
BRENT) would greatly prefer to avoid cumbering in violation of the provisions contained in the 1st
the new Constitution with crude and sweeping section of said constitution relating to the age
penalties. Let the whole subject of penal enact- and residence of voters, and if any person electment in detail, be referred to the Legislature ed or appointed to office as aforesaid, shall rewith a clear constitutional obligation imposed on fuse or neglect to take the said oath or affirmathem to pass proper laws, punishingthese crimes, tion, heshall be considered as having refused to
and disfranchising the offenders for such term as accept the said office and a new election or apmight seem proper. He was opposed to this pointment shall be made as in case of refusal or
Convention wasting its time in such matters, resignation; and any person who shall swear or
because to carry out such penal enactments affirm falsely in the premises shall be guilty of
properly requires much detail; and our Constitu- perjury, and on conviction thereof in due course
tion, instead of being concise and simple, would of law subject to all its pains and penalties.
become complex and voluminous.               See. 4. That the Judge before whom such.
Mr. RIDGELY said he had opposed all restric- oath or affirmation shall be taken, shall cause the
tions upon the elective franchise, and had re- same to be subscribed by the person so sweargarded the punishment to be visited upon the of- ing or affirming, in a book by him to be kept for
fender as the proper corrective of the evil. He such purpose, a duplicate of which said oath or
was prepared to vote for the amendment of the affirmation as the case may be, he shall transmit
gentleman from  Kent, (Mr. RICAUD.)    He to the clerk of the Court otfAnpeals ofthis State,
thought that the moral effect of the two punish- with the name of the individual who took and subments would be the same; because the individu- scribed the same, designating the office to which
al would carry a brand upon him, whether the he has been elected or appointed, to be by the
punishment was limited or not. But he thought said clerk, whose duty it shall be to do so, rethat the section under consideration would not corded in a book to be kept for such purpose
accomplish the object. Convictions were want- among the records of the said Court of Appeals,
ed in order to deter others from the commission a certified copy of which said oath or affirmation
of the crime. It bad been said that there had by the said Judge under his seal, or by the said
been convictions under the existing law, and that clerk of the said duplicate, under his seal of ofthe Executive had interfered to prevent them be- fice shall be taken and received as evidence in
ing carried out. That was the very difficulty any of the courts of this State that have criminal
which he feared, and to prevent which he should jurisdiction.
offer an amendment, (which he read.)         Mr. DORSEY, replying to Mr. SELLMAN'S ques



92
tion as to convictions, &c., stated that it had framers of that instrument had no ide:a that this
been the customs of the courtsto invite the atfen- vice would exist, as it now existed; they oilv
tion of the grand jury to the subject of bribery provided for the case of the officers them.
and corruption, in relation to the elective tran- selves, because they did not anticipate any extenchise. The difficulty had not arisen in getting sive system of bribery. They proposed, thereca-es before the grand jury, nor from  the fact fore, a very limited remedy; in fact, no, remedy
that the offences could not be abundantly proved; at all, for the evil as it existed at the present
but from the fact that the grand jury would not day. So long as both parties continued this sysfind bills, because so many persons were im- tem, and until such punishments were prescribed
plicated, and it was believed that more injury as would deter every body from the perpetration
would result from prosecuting any person, than of the crime, nothing would be expected. In his
from leaving him unpunished.                opinion, murder, arson, burglary, theft, were
One word in answer to the statement of his venial offences in comparison with this. The
colleague, (Mr. S&LLMAN,) as to nine-tenths of consequences of these crimes were comparativehis constituents being pure and unapproachable.:ly nothing; and if the system was not put an end
If there was one-tenth of the voters in Anne to, by the most stringent measures, it woud conArundel county, who could be approached in this tinue so long as the government could, under such
Way, it was the duty of the Convention to adoptcircumstances endure. Aln to do nothing would
the most energetic measures to prevent bribery be equivalent to saying, that the Convention was
and corruption. Bribery was of modern origin.  villing that the evil should continue. l He had
It was not yet at its maturity; but if his sourcesben te bench, and some
of information were to be relied upon, bribery fifty years at the bar; and he was satisfied that
would be committed on a much more extensive if such provisions as lie had proposed were carscale in a few years. He   thought Anne Arun- ried out, the government was safe; if not, every
del might be as pure as shlehad been represented. thing was lost.
The means of corruption were perhaps not as   Mr GWIN reminded the gentlman from Anextensive in that county as might be required. ne Arundel, that the severe punishment provided
He had heard less complaint of bribery in the for by the gentleman from  Kent, (Mr CHAMcity of Baltimore, than perhaps in any other por- ERS,) would not, of necessity, effect the purpose
tion of the State of Maryland, either on the for which it was designed. Formerly, in  ngeastern or western shore  But he did not attri- land, shoplightinr and many other minor oflenbute that state of things to the fact that the peo-ces were punishable with death; yet, in spite of
pie of Baltimore, more than the people of any this, such crimes multiplied to an incredible exother portion of the State, were beyond the   nt  The peril incrre  seemed to dignify the
reach of corruption. He thought there was a crime, and it would be the case here. It was
much more natural reason; and that was that the great glory of Sir Samuel Remilly, that lie
there were so many voters-the merchantable introduced provisions in which some proportion.
commodity was so great-(laughter)-that it was observed between the offence and punish
would be utterly ruinous to any-party to supplyment. The Convention might imitate him; for
the means of corruption. It would be        almost  though a fraud upon the elective franchise is,
evidence of insanity to attempt it; and he spoke a serious evil, yet it is certainly not as dalgerof both parties alike, because it was known that ous. whether occurring in few or many instances,
each party was disposed to retaliate upon the as those crimes which imperil the peace of sociother.                                      ety and the safety of human life. Lesser penalThe sme might be said of Frederik, and the ties would accomplish the same eynd. A jury
lagesamr couht b         e said of Frederi, and toe could not be found to convict men, who, in times
ilrger counties.  Both parties were afraid to
of high party excitement, had o'er leaped propconlmencethe system. In the smaller countiesof hl         citement, had oer leaped prop
coinme the stm.  i the smaller  es,  r bounds, if the punishment was so excessive.
wiere there was but a comparatively small ma-  Mr. SPENERs  ffered th e amendmens wihch
terial, thesystem mightbeexercised sucesPENCER ofered he amendments which
terialt system mightbnn exercised successfully. he had before indicated his intention to submit.
As to Ane Arundel county, if lie could credit He did so in order that the Convention might
the statements of those who were most trust- ha e the whole subject before it. They could
worthy, frauds did exist to a considerable ex- come in at the proper place.
tent. He had heard many enquiries, both bycome aen        ents were read.
Whigs and democrats, whether this Convention   The a        r  mendment  re r ead.
was gointo do any thing to prevent and p'nis h-Mr. SrPENCER resumed, expressing his belief
aiS gotig t9 odo any thing to prevent and  Unish
thi ne   ntion had  toat ws the great question whh  vention, would effect the object of reaching all
et            ha tettl  e tha  they eyd a ny those individuals who were either candidates for
settlc h wast, they cely pdo      anyhing. office, or who aspired to become candidates here-:Such was public opiion.           after. He referred tonhis remarks.of a previous
He contested the position which had been as- day when he indicated his intention to propose
sumed, that if severe penalties \sere imposed these amendments, and to the reply of the gentney would not be enforced. lie believed that tlem'mi from  Kent, (Mr. CHAMsBEts,) that the
if they resorted to the proper measures, these comnmittee had come to a conclusion in accordfrauds could be preventedl.                 ance \vith the spirit of these amendments, and he
He read the clause of the Constitution and sta- was autthorized to put them in the form in which
ted frankly that he had never known a conviction they should be presented to the Convention.
under this clause, nor of a violation of it. The The propotition of the gentleman from Kent had




93
been presented, and it appeared to hira not to go  Mr. DIRICEsoN' said, that the spirit of harmofar enough to effect the purpose. A more string- ny which now seemed to manifest itself in every
ent oath would be necessary; and in other re- quarter upon this subject, must be regarded as a
spects, he considered that proposition as less ef- most happy change, and one highly gratifying,
fective than the amendments he had now offered. alike to the Convention and the entire conmuHe then went on to compare the proposition  nity. Scarce a week had yet elapsed since the
of the committee as presented by Mr. CHAMB- fiercest battle had been waged'against every proERs, with the amendments he had just read position, designed peculiarly to purify the elecand to show wherein he thought the defects of tions of the city of Baltimore, and to wipe away
the former were supplied by the latter..    forever, the stain of fraud, so frequently and so
He proceeded to state that the people every- gravely charged. Then it seemed impossible to
where were looking to the Convention to adopt effect any beneficial remedy. Gentlemen tremmeasures for the greater security of the right of bled, lest forsooth, the liberty of free suffrage
suffrage, and he had offered these amendments should be fettered by some slight restriction,
toshow the earnestness and sincerity with which  and however wholesome such restrictions were
fie sought the same object.                 shown to be in their purifying tendency, the reHe was conscious that the amendment he had  suit had shown how willingly the responsibility
offered, yesterday, to the proposition of the Com- had been avoided. Such, however, was not the
mittee restricting the power of the Governor as feeling, and caution now exhibited upon the subto the remission of punishment for bribery, was ject of bribery, an evil supposed mainly to exist
received by some unfavorably, because he had in the various counties of the State, rather than
introduced a qualification providing that the in its populous towns and cities. Developments
Governor should be clothed with the power of and admissions had been made most humiliating
remission in cases where the prosecution was to our "State's pride,"and he w:Tnedthose who
false and malicious. In his experience, howev- were making such unhappy confiesions, that
er, lie had known cases of this character, and     A   iel amang us takin' notes,
that juries had sometimes rendered their verdicts  And faith he will print'era,
under the influence of party feelings. We was
willing, therefore, to deprive the Governor of the and that their degrading aspersions would therepower of entering a nolle prosequi, or granting a fore go forth, telling fearfully against the purity
pardon in these cases, except where he was sat- of their constituency, and the integrity of our
isfied by sufficient evidence that the prosecution  noble State. That this political disease might
was malicious or untrue. He was not willing exist to some extent, it was unnecessary to deny;
to entrust these cases to the jury, or to the Le- but, surely, it was not yet in. that exaggerated
gislature, but he would confer this power on the form which the heated fancies of political moralGovernor, who was more likely to act with ists had induced them to imagine. He had from
deliberation, and to remit the punishment on boyhood, mingled freely wit;h his fellow men,
being satisfied that malice and falsehood were at and though he regarded the evil of bribery as
the bottom. In such cases he was unwilling to baneful in its effects, he could not yet consider it
take from the offender every chance of realira-,as a great political cancer, devouring the body
tion to his position in society.            politic, and requiring so fearful a remedy as that
Mr. MITCHELL said he rose with very great now proposed for its suppression. The great
reluctance, but as lie differed from his colleague. object of all punishment was to prevent thecormand felt conscientiously bound to support the missions of crime,by imposing and awardingsuch
amendment, he wished to state the reasons which,pains and penalties as would be justified by the
induced him to do so. It was well, known that character and heinousness of the offence. In this
in all the counties there was a large proportion  view he asked whether the' terrible punishment
of poor men.. Poor men have very large fami- specified in the amendment of the gentleman
lies generally. (Laughter.) It is the practice from Kent (Mr. CHAMBERS,) was in just proporamong those who desire to help this class, and to tion to the character and criminality of this evil
stand well in their neighborhood, to give out practice. It might be that the elevated position
corn about the months of June and July. 1 know  which that distinguished gentleman had so long
that about that time the corn-houses are thrown  occupied, with such signal ability, had preventopen, and as the natural effect is to give them  ed him from visiting the hustings and mingling
popularity at home, if they should chance to be in the exciting scenes that ever, from  the very
candidates for office, the people of that neigh- nature of our government, surround the polls.
borhood would usually vote for them. Now, if Then under the influence of intense party feeling
any malicious individual should lay hold of this and in the midst of great strugglings, men with
circumstance, le might bring these gentlemen  the most unblemished moral character and the
into Court, and by a jury picked by political op- most spotless integrity, might almost impercepponents, they might, notwithstanding their known tibly be hurried into the commission of deeds,
popularity would have elected them, without any which, however improper, could scarcely under
such act of liberality, be convicted under this sec- all the circumstances, be denominated even by
tion, as it had been reported, and be forever dis- the strictest moralist as highly criminal. lle
franchised. He could not make a speech, be- could not for an instant, concur with the honorcause he found he was getting frightened here. able gentleman from Anne Arundel, (Mr. DoR(Cries, "go on, go on.")  Mr. MITCHELL I can- seY,) in ranking this evil as above the high
not do it.                                  crimes of murder, and arson, and larceny, in its




94
enormity. And he thought that in pursuing it purify the elective franchise in every section of
with such cruel riger, the Convention was in the State.
imminent danger of carrying its fancied detesta-  Mr. CHAMBERS regarded bribery of voters as
tion and horror quite too far. It seemed as tho' a crime of the greatest enormity, and one of
gentlemen all round were running a Gilpin race, which no man who had a correct sense of honor
seeking to elevate the political character, by the and of right moral principle, should be guilty.
application of a remedy that caused human na- He expressed his regret to see a spirit prevalent
ture instinctively to shudder.            in this body, which while it admitted the magniAn additional amendment had been proposed, tude and mischiefs of the crime, obstructed the
which went so far as to deprive the Chief Exec- adoption seriatim of each particular measure ofutive officer of the State, of the power of par- fered for its correction.
don upon convictions for this offence. What a  We shall egregiously fail in our duty, if we
spectacle would such a constitutional feature pre- omit to insert in our Constitution some provisent to the world.                        sion effectually to arrest this vice, which is now
Murder, arson, larceny, crimes ot all grades stalking abroad through the land, and has made
and description, might in all their horrid array its appearance, as is said, into all classes and
stalk throughout she length and breadth of our circles of society, even amongst those who are
State. And yet for them all, there was pardon  in all other particulars elevated in their moral
However devastating and demoralizing their in- character and worth.
fluence. the clemency of the Executive was still  The vice of bribery could not be too soon asopen. But for the man who dared,whatever might sailed and put down. The most effectual as well
be the circumstances, to give or receive the most as most prompt means to arrest it, ought to be
trifling bribe, there was no mercy, no hope, this employed. He was willing to adopt any suggesside the grave. Like Cain of old, he must wan- tion, or any amendment, calculated to effect it.
der the world, bearing upon his brow the mark of To most of the suggestions coming from the genshame and the impress of infamy. Surely, gen- teman from Queen Anne, (Mr. SPENCER,) he
tlemen would pause ere they gave their sanction had no objection, but he was opposed to the
to such a measure; the consequences may be of modification of the executive power as proposed.
the most fearful character. Though the politi-The fact had been stated and was notorious, that
cal Cains might be few; yet because heir deg- in former instances the Governor had interposed
redation and dishonor could not be wiped out his authority to shield offenders from punishment;
they would inevitably, like other desperadoes, in some cases by nolle proseqi, to prevent trial,
become moral monsters-infusing their poison and in others by pardon after conviction. Let
into the very vitals of the body politic. Let us this be prevented for the future. In general it
be careful then, how we make unpardonable might be well to leave some discretionary power
crimes, lest those whom we make inhuman and with the Governor to remit penalties for crimes,
desperate, deal with us fearfully. The right of butthis should be an exception. It is the crying
suffrage is the exalted privilege of a freeman vice of the times. The rapidity with which it is
and should not be lightly wrested from him.  spreading, and its pernicious and corrupting inIf, then, you desire to destroy brber, et th e fluence on the ballot-box, called for the utmost
If, then you desire to destroy bribery, let thecertainty as well as severity of punishment. We
punishment be modified, and made proportionate are n  preparing for a fresh start in our politito the ofrence. Nojury (and he expressed his cal history, with a remodeled and renovated
gratification that such was the fact,) could becode of organic  w; let us move off from the
inducedto convict; the penalty absolutely vic.beginning with a firm and decided purpose, to
timized-and therefore, defeated the very ob- frown upon any and every approach to this dejectsought to be obtained by its extreme and testable and mischievous practice, and thus en
most disproportionate severity,     list the great lever of public sentiment against it.
Before the subject was finally disposed of, he Let us give the lead ard the tone to that public
expressed the hope that gentlemen in their great sentiment. The people expect us to arrest this
zeal to prevent bribery, would again consider the torrent of corruption, and will sustain us in our
propriety of prescribing some adequate punish- efforts to do it. Those persons, if there be such,
ment to destroy the system of double voting, so of high and honorable feeling, who have in a
often alluded to in the beginning of this discus- moment of excitement yielded to the example
sion. He regarded this evil as far the worst of around them so far as to participate, in some dethe two. The man who deposits a series of gree, in this vice, will give a most attentive ear
votes, defrauds a whole political community of to yotr solemn admonition. He believed most
their rights, and destroys the very spirit upon firmly that those who had been active in these
which our government rests, whilst the voter practices, would be among the very first to thank
who sutfers himself to become the victim of bri-us for a provision which will make it impossible
bery, deposits but one ballot to which he is le- to continue such a course. They all perceive,
gitimately entitled, and involves only himself as every man must, the debasing, corrupting efand his tempter. He expressed the confident fects of this vice, and will be most happy tohave
belief, tnat if the Convention was careful to pro- a reason and a motive on which they can place
portion the punishment properly to the offence, their refusal, further to pursue a course which
the people every where would most cheerfully their feelings and their conscience detest and
co-operate in our labors, by strictly observing the loathe.
mandates of the Constitution and by seeking to  It is said the modification is designed.to leave




with the Governor the power to remit only in ballot-box was the greatest good we possessed,
cases where he is satisfied the prosecution origi- and he asked gentlemen whether they were ready
nates in malice and falsehood. If this can be to suffer its purity to be violated without some
proved to the Governor, the same testimony will effort to check the evil. The extent to which it
prove it to the court and jury, and protect the has spread is a sufficient reason to justify us in
party there. But we know-experience has laying a strong hand upon it at once. We have
taught us-that the Governor will act not upon been told that public opinion calls for the supproof, but upon exparte representation-upon pression of this vice. He considered it as worse
political party representation. He alone is to than the leprosy, and expressed a hope that it
judge when   malice or falsehood instituted would be eradicated. Men who would deliberthe prosecution, and how is his judgment to be ately inflict a stab onthe purity of the ballotimpressed, but by individuals impelled by politi- box, he would mark with the brand of Cain, and
cal excitement and party prejudice?  Every drive them with the lash of scorpions from the
case will be made a case originating in malice pale of free institutions.
and falsehood, and thus your whole system be-  The question was then taken on the amendcome practically a dead letter. Against this he ment of Mr. RlcAUD, and, byayes 40, noes 31,
protested.                                it was agreed to.
Mr. DIRICuISON replied that whatever might be  The question then recurred on the amendment
the opinion of gentlemen, in regard to this "cry- of Mr. RIDGaLY (as to the pardoning power.)
ing vice," as it had been styled, he was confident  Mr. GRASON Said that the amendment of the
that very marny persons of the highest respecta- gentleman from Baltimore county proposed to
bility and of sterling honesty, had mingled in the limit a power which was not yet granted. When
scenes of political strife and partaken of its excite- the report on the Executive department should
mcnt, and might have involved themselves in this be before the Convention, it would be the proper
very "vice," perhaps rather from the necessity of time go into the consideration of this subject.
the case, than from any deliberate design to do But at present there is no such power existing as
a wrong. Like the gentleman, he fully appre- it is proposed here to limit. It will be time
clated the consequences of the evil, and earnest- enough to discuss this question when that report
ly desired to see it wholly eradicated-and for comes up for action. Now, from the character
that very reason he urged the Convention to ap- of the discussion, we seem to be about sliding
ply rsonme appropriate remedy, not to attach theinto a debate on the pardoning power, which may
punishment now prescribed, at which the very occupy the time of the Convention for some days.
courts would look with terror, and shudder to in- He hoped, therefbre, that the gentleman from
flict. He never could accord with the opinion Baltimore county would not press his amendthat this offence was above or equal in grade to ment at present, but let it be withdrawn until it
the crimes of murder and arson and those of a be in its appropriate place.
kindred character, and he never could agree to Mr. RIDGELY expressed his belief that this
establish any punishment-(more especially one amendment embraced the great object which the
of so solemn a character as that now proposed,) people looked for, and that unless this provision
which neither time nor circumstances could mit- shall be inserted in the Constitution. they would
igate or wipe away. Disfranchisement forever! not vote for it. He did not consider it as obnoxLet gentlemen pause-let them beware-behind ious to the criticism  of the gentleman from
such a provision, if it can be executed, an abyss Queen Anne's. It referred to an offence which
lies open, into which many a noble, but thought- was sui generis, and entirely unknown to our
less youth, under the influence of momentary im-  laws.  The sense of the Convention seemed
pulses, may fall and sink to rise in this world no to be that the pardoning power should not be
pulsmore forever. fall and sink toriseinthisworldnogiven to the Legislature or the Courts, but only to
the Executive, ifitcould be guarded in his hands,
Mr. J. U. DENNIS reminded the Convention, by proper restrictions. He could not see that
that it was sonmmitted to us to determine the ques- there could be any better plea for the introduction of our fitness for self government, and that this tion of his amendment than that in which the ofmight be one of the last opportunities we may fence itself is defined. He therefore could not
have of proving our capacity for it. He aa- consent to withdraw his proposition for the purverted to the effects of corruption on the Repub- pose of introducing it in the report to which the
lics of Greece and Rome, and expressed his fer- gentlemen from Queen Anne's referred.
vent hope, that the time would never come when  Mr. JENIFER was of opinion that the objecthe name of our country would be coupled with tion urged by the gentleman: from Queen Anne's
theirs, in illustration of the brevity of republi- deserved consideration. There is a report on
can institutions. He trusted that America, the our tables on the Executive department, and
place of his birth, would survive to the latest that would seem to be the proper place for this
period, and the people of after ages would pro- amendment to come in. It may be very propernounce a blessing on the State of Mai'ylard for ly grafted on that report. But as the amendthe successful labors of this Convention. In re- ment of the gentleman from Kent, (Mr. RICAUD,)
ply to the suggestion that we are making the pun- limiting the disfranchisement to five years had
ishment of bribery out of all proportion to the been rejected, he should be against the withdrawenormity of the crime, he referred gentleman to al of the amendment at this time, as he thought
the book, which they had read in their infancy, there should be an opportunity given to take the
about the choice between good and evil. The sense of the Convention now on the question




'96.whether the original propositicn ought to be from Baltimore county and Queen Anne's, chargmodified in the manner proposed or not.     es of oppression and usurpation had been thunMr. BUCHAAN. So do I.                     dered against him.  Against such charges he
Mr. CHaMBERS. Concurringashe did with the would always be prepared to defend himself,
~gentleman. from Queen An ne's, who had started while he would carefully abstain from assailing
this objection in his general views, thought it others. Regarding the elective franchise as of
would be better to discuss this subject now, and inestimable value, he  would watch over it and
it could be taken up again atsome;future stage of protect it as he would virgin chastity. All his
our proceedings if the Convention deemed it pro- votes had been given with that view. He had
per to do so. It could be again considered when noaspirations after public station, and when he
the Convention comes to revise -the Constitution was called from his private pursuits to become a
as agreed on, and to appropriate the various pow- member of this body, he obeyed with reluctance.
ers among the several departments. If we were He intimated that the gentleman from Baltimore
to adopt the suggestion of the gentleman from  county, (Mr. BUCHANAN,) after vouching the
Queen Anne's, the effect would be to bring up purity of his own county, had spoken of the
again this who.le discussion when the report on frauds on the Eastern Shore. He did a wrong to
the Executive shall be called up for considera, this part of the State which was as pure as the intion.:firmities of human nature would permit; and had
Mr. GRASON said we bIad been discussing  always stood high in its reputationfor hospilalithe subject of the elective franchise four or five ty. He did not wish to disturb the self-complaweeks. And nlow a proposition is introduced cency of his friend, but was ready to compare
which brings up the question of the pardoning constituents at any moment. In reference to
power. It is a new question and must lead to a the Irish character, he stated, that he would not
new discussion. He intended to take a part in yield even to that gentleman in his admirationof
that discussion, but he -would not do it at this the noble traits which had given to her heroes the
time, and on this report. There may be other love and sympathy of all lovers of freedom, and
crimes in reference to which we may think it his estimation of the valuable services which the,wise to restrict the pardoning power in the Irish people, who have settled among us, have'hands of the Executive, and wee can then em- rendered to our country. No one could admire
brace the whole subject in one discussion. It more than he did the greatness of that oppressed
appeared to him that this would be a much bet- Ccountry. He felt gratitude and admiration also
ter course than to have all these propositions, for the good and generous Lafayette. But, with
connected as they areintheir'Character, separated all these feelings, he could not conscientiously
in different reports.                       vote to admit a naturalized foreigner to the right
Mr. NEILL stated that, as the limitation of theofsufrage until he completed a subsequent re
deuce of twelve months in the State —while tile
disfranchisementto five years had been rejected d e o  elve      n the St     hi
bythe Cdnvention, he should feel'himself con- citizens of Pennsylvania, Delaware, Virginia,
bythe Convention, he should feel'himself con- and all the other States of the Union must substrained to vote against the originalproposition,   to thatestriction. Theforeigner ist com;aithouh he was in favor'of'nttieting some pun- reit to thatrestriction. The foreigner is not comshment for bribery. All human i tribunals ame   pelled to bear arms, or to contribute to the delishment feror briry. Al    an tiunsjustvediit  areen ce of the country, while our own citizen must
liable to error; by an unjust verdict an innocentake his share of the danger  Hewasforevenman  ight be convictedandifthis provision take his share of the danger; He was for' even-man might be convicted; and'if this provision              wouldput all on an equality.should be inserted in the Constitution, the pun- handed ustice an would put all on an equality
ishment would be irrevocable. He must'there-  Mr. DORSEY said, he would moveto amend the
fore vote against it. The innocent may make amendment as follows:
their innocence clear after the conviction and pun-  "But it shall at all times be competent for the
ishment may have taken place, yet it would be court before which such conviction may have
impossible to revoke the sentence, and the inno- been had, upon being satisfied by testimony, ofcent would be disfranchised forever.       fered for the purpose, of its being malicious and
Mr. JOHN DENNIS said that he had voted unfounded in fact, to set aside the judgment
throughout, from Alpha to Omega, for every rendered on the verdict of the jury, and nolle
measure calculated to throw guards round the 1poseqid."
ballot box, to preserve it in its purity. In favor  Mr. SPENCER said he was inclined to adopt
of every proposition of that character he had the suggestion of his colleague, (Mr. GRAsoN,)
voted, and he had been assailed by those around and not proceed further in the discussion of this
him, and told of the dire and certain responsi- subject now. Had it occurred to him earlier, he
bility which awaited him at the bar of public would not have proposed the amendments at this
opinion. All this, however, he regarded as the time. He would prefer waiting the action of
idle wind which passeth by. Because he had the Committee on the Executive department. He
voted that a naturalized foreigner in the State of intended no disrepect to the couts' of justice.
iMaryland, should reside in the State twelve Butjudges weremen, and as likely to be influmonths after naturalization befoie he could be enced by party as well as jurors. The amendentitled to vote, he had been chargedwith being melnt of the gentleman from Anne Arundel, proan oppressor, a restrictionist, a usurper, &c. He posed to confer a power on the courts, which they
looked into his conduct to discover what, if there have already in their hands. He' hoped, there-.could be any, analogy between his course and fore, that the Convention would not agree to the
that of Oliver Cromwell. From the gentlemen amendment, but would adopt the suggestion of




97
his colleague, and let the subject be postponed ply with the requestof the gentleman from
until the report on the executive department shall Queen Anne's, that he should withdraw his
come up.  He would withdraw his amendment. amendment. He would be happy to do so, from
Mr. GRASON cited the amendment as proof courtesy to that gentlemn; buthe felt himself
that the Convention had not sufficiently consid- compelled from a sense of duty to persist in it
ered the connection between this subject and the until the question should be taken  He did not
report on the executive department. The gen- think the amendment was out of place.
tleman from Anne Arundel proposes that power  Mr. CRIsFIELD gave notice that at the proper
shall be given to the courts to grant a new trial. time he should offer the following amendment:
Was it not better to remit the case to the Execu-  "Laws shall be made for ascertaining by protive, when it appeared that the conviction had per proof, the citizens who shall be entitled to
been given improperly, than to try the man over the right of suffrage hereby established."
again?                                       On motion of Mr. MCHENRY,
Mr. DORSEY suggested that the gentleman from  The Committee rose, the President resumed
Queen Anne, (Mr. SPENCER,) had committed the Chair, and the chairman reported that said
an error when he stated that the courts now pos-committee had in obedience to order had said
sessed the power conferred by his amendment. report again under consideration, and had come
To obtain a new trial, which can only be granted to no conclusion thereon.
before judgment, it is now necessary to make a The Convention then adjourned until to-mormotion therefor within some few days after the row morning, 11 o'clock.
verdict, according to the rules of the courts. But 
his amendment proposed to override these rules EXPLANATION-Mr. SPENCER in reply to the
of court, and to permit the motion to he made gentleman from Dorchester, Mr. PHELPS, said,
any time; and as well after as before judgment.s far had the law been carried y the judges
Itwas alleged by that gentleman that courts were of elections, in rejecting legal voters, that he had
sometimes influenced by prejudices or partiali- own instances, where persons offering to vote
ties, as well as jurors.                    were rejected on the score of age, who notoriDuring his observation, when at the bar, and ously were above the age of twenty-one years.
ur hisexperience onr the benc, w h was rot a He could mention many instances of legalvoters,
his experience on the bench, which was not awho had been rejected on the score of age. He
very short one, he had never know, had never could refer to the case of an individual, who was
heard of any court in this State, which had been associated with a newspaper journal in wueen
thus influenced. It is well known that the feel-Annes, who  ad been so associated in Talbot
ings of judges are always in favor of the accused county; who ad been a farmer in Talbot county,
and that in trials by the court to induce a convic- and whose birth place was in a distant county.
tion full and satisfactory evidence of guilt is re- He offered to vote in  ueen Annes and  as oquired. He could speak with the same knowlqu'ired.  He could speak with the same know- -jected to, on the score of age, and although he
edge of facts in exculpation of juries. He recol-ected to, on the score of age, and although he
offered to swear that he had voted at previous
lected but one case to the contrary, as having
lected but one case to the contrary, as having elections for years antecedent, in other counties
passed under his judicial cognizance. There the in this State, and that he had been conducting
jury under mistaken influences found a verdictri this State, and that he had been conducting
ojury under mistaken influences found a verdict his own business for years and was of age, still
of guilt), when the court, after a moment's con- because his parents and the bible in which they
sultation, informed the counsel of the accused, that had registered his birth, were not at hand, and
if applied for a ew trial would be granted. He in the nature of things beyond his reach, his
did not think that the Governor was so likely to be vote was rejected. He could recite other cases
vote was rejected. He could recite other cases
free from political influences the courts. Heof like abuse in reference to age as well as restwould further state that he,when actingas ajudge, dence.
had made' it a rule never to suffer any man to
approach him for an appointment, on the ground 
that he was a Whig or a Democrat.  He always
replied to such applicants, that he knew no politics on the bench, and this he believed was theWEDNESDAY, January 22d, 1851.
case ofg all courts in this State. The Governor  The Convention met at eleven o'clock.
on the contrary is apolitician. The court when  Prayer was made by the Rev. Mr. GRIFFIT.
acting has heard both sides; while the Gover-  The roll was called, and a quorum was present.
nor, after listening to the testimony on one side,  The Journal of yesterday was read, and havonly grants or refuses a pardon. It is important ing been so amended as to correct an error in the
to a just decision, that if a punishment is to be statement of the amendment of Mr. SPENCER,
remitted, it ought to be after an examination of was approved.
the testimony on both sides.
DEBATE ON THE ELECTIVE FRANCHISE.
Mr. GRASON considered it improper to com- 
mit the pardoning power to the courts, or the  Mr. GWINN. I move the adoption of the followLegislature or the Attorney General; he did not ing order:
think that it ought in all cases to be vested in the  Ordered, That all debate on the report of the
Governor. Buthedid not intend to make any committee on the Elective Franchise, and on
speech. He was not prepared to go into the the pending amendments, shall cease at twelveconsideration of this subjectat present.   and-a-half o'clock to-day, and that the chairman
Mr. RIDGELY regretted that he could not corn- of the committee of the whole shall report the;
13




98
said report of the said committee and the amend- lieu thereof, a provision'that the Convention
ments agreed to and pending in said committee, proceed to take a vote on the amendments pendto the Convention for its action,          ing, and on such as may be offered, and that the
The order having been read,              mover have the right of explanation.'
Mr. GWINN called the previous question.    Mr. MCHENRY alluded to a propesition which
Mr. CRISFIELD. JI ask the gentleman from  he had offered on a former day, having, he said,
Baltimore city (Mr. GWINN) to withdraw the precisely the same object in view, but which had
call for the previous question for a moment. Ide- not yet been acted on.
sire to suggest to him, that it would be better so  Mr. CRISFIELD said if the gentleman meant
to modify the order as to allow five minutes to  his proposition as a substitute, it would meet his,
the mover of a proposition, and no further debate. (Mr. C.'s) views.
I approve the object of the order, but should be  Mr. MCHENRY then offered the following subbetter satisfied with it, if such a modification stitute for the resolution of Mr. GWINN:
was made.                                     "Ordered, That the debate on the articles of
Mr. GWINN. The gentleman will perceive that the Constitution, reported by the committee on
the resolution does not operate upon a subject the elective franchise, shall terminate in commitwhen it comes into Convention. There a gentle- tee of the whole on this day, at 2 o'clock, P. M.,
man can occupy as much time as he chooses.  when each amendment pending, or which may
Mr. CRISFlELD was proceeding to reply, when be offered shall be passed upon, without any
The PRESIDENT interposed and said, that all de- further discussion than explanatory remarks not
bate wasprecluded by the demand for the previous extending beyond five minutes by the several proquestion.                                  posers of such amendments."
Mr. MCLANE desired to be informed, whether             m          stituteft
Mr. PHr.LPS moved to substitute fifteen mingentlemen would be at liberty to offer in Conven- utes for ive, but withdrew the amendment.
tion, any amendments which had not been      Mr.RIcAUDmovedto amend by designating
offered in committee of the whole. Mr. RICAUD moved to amend by designating
offered in committee of the whole.
The PRESrDENT stated his impression to be one o'clock of this day, as the hour at which the
The PRESIDENT stated his impression to be.,\., \    in
that, according to all practice under the parlia-  onshould is   te             esn
mentary law, no proposition could be offered in  A long discussion followed upon the question
Convention, which had not been offered in corn-       the     ct    of th    e p  enmit~tee of the whole.                      tary law, and the effect of that law upon the buA  desuor debate followed  coverin siness of the Convention if the interpretation inA  desultory  debate followed, covering a
great deal of ground, and making the general ap- tiMrted by the President was correct.
plication of the parliamentary law and rules of  Mr. BUCHANAN suggested either that that norder in the House of Representatives of the  erpretation must be over-ruled or that theCon-. S. and in the House of Delegates.  vention must retrace the step it had taken the
Mr. BISER intimated his opinion that the usage other day, in prohibiting the taking of the yeas
in the House of Delegates, had not been in con-and na  in commttee    herwise, noting
would be known to their Constituents.
formity with the intimation made by the Chair; would be known to their Constituents.
and submitted that, under such a construction  M     AE, after giving his view of the conmembers would be prohibited from offering in structon oftheparliamentary law, expressed
Convention amendments which, had they anticin the opinion that it would be best, as the report of
pated a h c e of p,  thy w d the committee on the elective franchise had been
fated any such course of proceeding, they would discussed in Committe, to let it run its caree
have offered in Commsittee.                discussed in Committee, to let it run its career
have offered in Committee.'
PSoRe  conversation folloawed on tthere; but intimated that hereafter he should be
Some conversation followed on the part of opposed to sending ay subject to the ComitMessrs. SPENCER, BJCHANAN, BIsER, JENIFER  opposed to sending any subject to the CommitMessrs. SPENCER, BUYCHANAN, BISER, JENIFRt
and DoRsEY and the PRESIDENT.              tee.
Mr. DAYIS moted to lay on the table the motion  The point of order was further discussed by
for the previous question.                 Messrs. JENIFR, BUCIIANAN, MCLAN       and
This motion was at first entertained by the
PRESIDENT, but was subsequently declared out of  When the PRESIDENT announced that the hour
order.                                     assigned for the order of the day had arrived.
After some further conversation, the question  On motion of Mr. TUCK,
was taken on the demand for the previous question,  The consideration of the order of the day was
and there was not a second.                postponed, that the Convention might proceed
So the question recurred on the adoption of with the consideration of the pending question.
the order.                                   Mr. SOLLERS cited a rule of the House of ReMr. PHELPS moved that it be laid on the table. presentatives of the United States, to show that
Mr. GWINN called the yeas and nays.      the practice in that body was not in conformity
Mr. PHELPS withdrew his motion, in order, he with the opinion given by the President.
said, that the question might be taken on the  Mr. TUCK followed in a brief exposition of his
order itself.                              view of the Parliamentary law.
Mr. GWINN. I ask the yeas and nays on the  The discussion was continued by Messrs. DORadoption of the order.                     SEY, BLAKISTONE, by. the PRESIDENT, (in explaMr. CRISFIELD moved to amend the resolu- nation,) Mr. BRENT, of Baltimore city, SPENCER,
tion by striking out so much as directed the THOMAS, CHAMBERS and BROWN.
Chairman to report the bill, with the pending  The PRESIDENT intimated that the whole diffiamendments, to the Convention, and to insert in culty might be avoided by the adoption of a new




99
rule (of which no notice was requisite) pending, tiously scrupulous, and in such case, affirmation,)
that amendments might be offered, &c.       that he has not received, and will not receive
After which,                              any fee or reward for his vote at said election,
On the motion of Mr. BROwN,               and that he has not given or offered to give, and
The pending proposition was informally laid will not give or offer to give directly or indirectupon the table, to enable                  ly, any fee or reward to bribe, or assist in briMr. SOLLERS to offer the following resolu- bing, or influencing any voter at said election, or
tion:                                       to induce any person not to vote at said elec"After report from the committee of the whole tion."
the article shall be again subject to be debated  The question was taken and the amendment
and amended before the question upon its pas- was rejected.
sage shall be taken."                         Mr. KILGcOUR offered the following amendThe resolution was adopted.               ment:
Mr. BROVN moved that the Convention resume  Insert in the second section, seventh line, after
the consideration of the proposition of Mr. the word "same" the following: "Arnd any perGwINN, with the pending amendments.        son who gives or causes to be given an illegal
Some conversation followed, after which,  vote, knowing it to be so, at any election, to be
Mr. BRENT, of Baltimore city, offered the fol- hereafter held in this State."
lowing order:                                The amendment was agreed to.
Ordered, That so much of the 17th rule be re-  The question now recurred on the amendments
scinded. asprevents new  amendments being or- offered yesterday by Mr. SPENCER, as the third
dered after the call for the previous question and fourth sections to the Report. (See proshall have been sustained; and be it further or- ceedings of yesterday.)
dered, that all rules which allow this Convention  Mr. MCHENRY expressed a hope that the Conto resolve itself into committee of the whole, be vention would not consent to embody what was
rescinded,                                  almost an entire code of laws in the shape of an
Mr. RANDALL suggested that an amendment, amendment to the Constitution. He would not
made to the rules the other day, provided for this make any objection to the principle contained in
very thing.                                 this proposition of the gentleman from Queen
Mr. BRENT explained wherein he considered  Anne's. The details into which it had been exthe two propositions as differing from  each tended were very suitable for a law. But he
other.                                      hoped they would not be admitted here. The
Some further conversation followed.       provisions of an organic law should be general,
Mr. BRENT then moved, (according to the re- plain and unmistakeable. If, following this exquirement of the existing rule,) that the rules be ample, we are to engraft in the organic law,.all
suspended to enable him to offer the- resolution, the details which would be necessary in a legisBut he withdrew the motion, and intimated that lative act for the punishment of murder, larceny,
he would offer the resolution to-morrow morn- and all the other classes of crimes, we shall never
ing,                                        get through the labor before us. All that we can
On motion of Mr. BROWN,                 do, all that is proper for us to do, is to insert
The Convention resumed the consideration of general provisions, leaving it to the Legislature
the resolution offered by Mr. GWINN, and of the to fill up the details. It is for us to consider the
pending amendments.                         purpose for which we are sent here, and to carry
Mr. RICAUD withdrew his amendment, desig- out the wishes of the people; and unless we do
nating the hour of one, as the limitation of time, this, they will reject the Constitution when pre(that hour being already passed.)           sented to them, and all our work will fall to the
The question was then taken on the substitute ground. If there was one antipathy which was
of Mr. MCHENRY, and it was adopted.         felt by the people stronger than any other, it was
And the resolution of Mr. GWINN, thus amen- against any restrictions on the right of suffrage.
ded, was adopted.                           This was a privilege which the people had a
THE ELECTIVE FRANCHISE.            right to delegate to as few persons to exercise,
as they might think best, as in other countries it
On motion of Mr. BROWN,                is entrusted to a limited number. But so jealous
The Convention proceeded to the orders of the are they of this power, that they will not be satday.                                        sfied with any thing less than its most ample enAnd the Convention resolved itself into com- ioyment. Every restriction on this rightis theremittee of the whole,Mr. BLAKISTONE in the Chair, fore to be avoided.
and resumed the' consideration of the report of  At an earlier period of the session, he had oflhe committee on the elective franchise.    fered a provision prescribing a short residence in
The pending question was on the amendment, the district; and he had intended to follow it up
offered yesterday by Mr. DoasEY to the amend- with another making the election districts smallment of Mr. RIDGELY.                        er, so that the voters in each district may be well
The amendment to the amendment, by yeas known to each other. This, he thought, would
28, nays 34, was rejected.                 be the best way to prevent fraud, and would be
And the amendment, by yeas 25, na s 34, was the only safeguard to the right of suffrage. Havrejected.                                  ing withdrawn that proposition, and finding that
Mr. FooKS offered the following amendment: numerous motions to restrict the privilege had
"After having taken an oath (if not conscien- been since offered, he would now give notice that




100
he intended at a proper time, to renew his amend-  The question was taken on the amendments of
ment.                                     Mr. SPENCER, and by ayes 40, noes 27, they were
This system of limiting districts to compara- agreed to.
tively small neighborhoods would render it im-  Mr. SOLLrER  offered the following amendpracticable to commit frauds. He believed that, ments:
under its operation there would not be a solitary  Insert after the word "' person," in the first
legal vote lost, while the qualification of a six line, Srd section, the words'above the age of
months' residence would lead to many. He could twenty-one years; "and after the word" crime,"
not but express his astonishment that the Con- in the second line, insert "unless he shall be
vention should have almost unanimously adopted pardoned by the Executive."
the cramping amendment of the committee which  Mr. SOLLERS explained his object in offering
contained this residence qualification, not only this amendment. Assault, with intent to kill,
in the counties, but even in every district or ward! was an infamous crime. Fighting a duel was
of the city of Baltimore. He did not intend to an infamous crime.  But with reference to
detain the Convention by going further into the these offences, the pardoning power is left in the
subject at present. His only design in making hands of the Executive, because the innocence of
these few remarks was to show the ground on the party may be disclosed by subsequent eviwhich he should vote hereafter. He would vote dence, which may satisfy the Executive that the
against all restrictions.                 punishmentshouldbe remitted. An infant may
Mr. SPENCER wished to explain to the gentle- be convicted of an infamous crime, and it may
man from  Harford, that his amendment'had be considered proper that the pardoning power
nothig in it which touched the right of suffrage. should step in and save him from destruction.
Mr. BREWER suggested to the gentleman from  Mr: PRESSTMAN presumed that to the first
Queen Anne's, at the close of the first paragraph, part of the amendment there would be little obwhere it prescribes that the oath shall be taken jection. But as to the second part, he would
before the Judge of the Court of Appeals, to sub- suggest to the gentleman from Calvert, that the
stitute a judge of the county.            pardon, according to a known construction of
Mr. SPENCER admitted that it might be proper law, purges the offence. It is the general into make some change in the amendment. He terpretatior, that if an individual convicted of
had himself thou.htit would require slight modi- crime is afterwards pardoned, or has served out
fication on this point. But it could be amended his term of imprisonment, he is purged of the
in the House.                             crime. If this was not the case, he would not
Mr. KILGOUR said the amendment ought to go object to the amendment.
further. Bribery was notthe only offence against  Mr. SOLLERS briefly explained.
which it was necessary to make provision. He  Mr. SPENCER moved a substitute, for the first
was of opinion that the offence of double voting amendment of Mr. SOLLERS, and which was
ought to be covered by this proposition.  read as follows:.
Mr. SPENCER replied that it covered the whole  "Strike out all after the word'that' in the
ground.                                   first line of said section, to the word be,' in the
Mr. CHAMBERS said that the committee on the third line."
elective franchise had reported an additional  Mr. DORSEY said, that one. of the amendments
section which accomplished the object of the which he had sent up to the Chair, reached the
gentleman from Queen Anne's in much fewer point contemplated in the amendment of the genwords.                                    tleman from Queen Anne's, (Mr. SPENCER.)
Mr. SPENCER answered some of the objections  Some conversation followed, as to the order in
which had been made to the diffuseness of his which Mr. DORSEY'S amendments were entitled
amendment. He would not go into the question to be received.
whether it was more condensed than the report  Mr. GRISFIELD expressed great surprise that
of the committee. The report contained more such an amendment as the one now submitted,
words. But it did not cover the whole ground. should have emanated from such high sources.
The report only embraces those who give bribes  He was astonished that the gentleman from
What then was to become of those who were Queen Anne's, and the gentleman from Anne
guilty of double voting and colonizing? Now, Arundel should have suggested it. If the right
his amendment embraces all these offences. He of suffrage be of such high value, are these genwould submit to the Convention, therefore, which tiemen willing to share it witth men who have
proposition was the best                  been convicted of crime, and have just left the
Mr. DORSEY sent up to the Chair a series of penitentiary? Are such men as these proper
amendments, which he desired might be printed trustees of this inestimable'right-men, who, by
for the information of the Convention.'the sentence of the law, have been pronounced
The CHAIRMAN said that the power to order unworthy to be members of society? Are the
the printing of a paper was in the Convention, gentlemen who support this proposition, ready
and not in the Committee.                 to go with such men, arm in arm, to the polls?
Mr. TUCK suggested that the amendment Is it safe to entrust the interests of the commonshould be read, but did not press the request.  wealth in such hands? If the Convention shall
Mr. MORGAN suggested to the gentleman (Mr. be brought to this decision, the State of MaryDORSEY) to designate at what particular points land will stand alone on this point. He referred
the amendments should come in.             those gentleman to the Constitutions of all the
After some further conversation,         other States, and asked if there was not in all of




101
them, provisions excluding men of this class from  Mr. SOLLERS repeated what he had before adthe exercise of the elective franchise? The Con- vanced in support of his amendment. He thought
stitution of the State of New York, which was it extraordinary that the gentleman from Anne
eulogized as containing all the modern improv- Arundel, (Mr. DORSEY,) who was willing to
ments in the science of government, expressly punish bribery at elections, by disfranchisement
excludes them. He hoped that the Convention forever, would be willing to pardon criminals of
would not permit such persons to share in the this kind, and receive them back into society.
exerci-e of the right of suffrage.            Mr. DORSEY said he would explain to the genMr. STEWART, of Caroline, briefly replied, ex- tleman from Calvert. The one offence strikes
plaining the reasons which had induced him to at the root of our institutions, while the other inmove to strike out this clause. His object was jures society only in a limited degree, and is
to assimilate the amendment to that which had therefore, comparatively light, and he may have
been offered by the gentleman from Queen come out of the penitentiary, a place for repentAnne's; not that he intended to advocate the ance, a reformed man.
crimes theniselves,lbut because he felt a sympa-  Mr. SOLLER resumed. The gentleman from
thy for fallen humanity, and was averse to put- Anne Arundel says, the penitentiary is a place
ting an indelable mark of infamy on convicts. to repent in. Why then would he not send the
There was no distinction made between an indi- man there who gives or receives a bribe, and
vidual sentenced to two years imprisonment, and give him an opportunity to repent? He could
one for fifteen. None between the highway rob- not see why the gentleman from Anne Arundel
her, and the man guilty of a less crime. The would give his arm to the one at the polls, and
public will set a proper estimate upon the char- proscribe the other for ever. But if a few peractor of these individuals. He never heard any sons come out of the penitentiary reformed, it is
complaining because these individuals voted, very well known that nine-tenths of those who
The gentleman from Somerset, (Mr. CRISFIELD,) have been there, have come out worse than when
had asked whether we, who support this amend- they went in.
ment, would be willing to go, arm in arm, to the  Some conservation followed on points of order.
polls with men who had been convicted of crime,  Mr. SPENCER withdrew his substitute to enaand had just left the penitentary? He would able the question to be taken on the first amendask the gentleman, if many persons were not dis- ment of Mr. SOLLERS.
carded from society, who had never fallen into  Mr. STEWART of Caroline, renewed the amendsuch crimes, while many who had been reform- ment of Mr. SPENCER, and maee a briefexplanaed by punishment, had become valuable members tion, in reply to Mr. SOLLERS, stating the reason
of the community. In classifying offences, we which induced him  to  vote for so, heavy a
ought to look at their effect on the community, penalty in bribery. The punishment of other
and thus to estimate the degree of infamy which crimes was fixed by law, and this would be to
should attach to an offender. What is the object add one greater of itself, than that now imposed
of punishment? It is in part, to check the pro- by the act of Assembly.
pensity of the offender to commit the offence of  The question was taken on the first branch of
which hehas been convicted, and also to prevent the amendment of Mr. SOLLERS.
others from its commission. He had known in-  And it was agreed to.
dividuals who had served in the penitentiary one  The question recurring on the second branch
year, and had been in the Legislature the next; of the amendment,
and he had been himself professionally employed  Mr. SPENCER moved to amend it by striking
in a case where a man who had been convicted out the words "be pardoned by the Executive,"
of a crime and who had served his time in the and inserting "unless the restriction is taken off
penitentiary, excepting for one week, and who by the Governor."
desired to be informed whether he had not a right  Mr. S. explained the operation of the amendto vote, and when told that he had, said "he felt ment.
as a freeman." That man, he believed, was a  Mr. TUCi submitted to the Chair, that the regood citizen. [Here the hour of two o'clock ar- marks of both the gentlemen who had last spokrived when all debate was to stop by resolution.] en were out of order.
The CHAIRMAN interposed and announced that  Some conversation followed as to the constructhe hour had arrived, by which, under the order tion of the rule; after which, the amendment of
of the Convention, the general debate must ter- Mr. SPENCER was rejected.
minate.                                      And the amendment of Mr. SOLLERS was
Mr. DORSEY said, in explanation of the amend- agreed to.
ment, he had indicated that the object of pun-  The question then recurred on the amendment
ishment was to confine an individual who had as offered by Mr. SPENCER, but withdrawn by
committed crime, in a place where he could re- him, and renewed by Mr. STEWART, of Caropent and reform. And unless the Convention line.
intended to fly in the face of all the Legisla-  The amendment was rejected.
tion of the State, they were bound, if these in-  Mr. DoRSEY asked, that if in order, the amenddividuals afterwards became good citizens, to re- ments he had offered, might be read:
ceiveand treat them as such, and to let that  The first amendment was read as follows:
which had passed be forgotten. If time allowed,  Strike out from the second section, in the first
he could state many signal instances of this re- line, after the word "give" the words "or offer to
formation.                                 give."




102
Mr. DORSEs said, this provision was in con- superior integrity and capacity, not wealth, were
formity with the act of Assembly, which punish- the grounds upon which such selections were to
ed such offences. The object was to strike at be made. Suffer such enormous subscriptions to
the root of the evil.                      be exacted from caididates, for purposes of briThe amendment by ayes 41, noes 19, was bery and corruption, as they are now subjected
agreed to.                                 to, to ensure a party triumph, and every poor man,
The second of the series of amendments offer- no matter how pre-eminent his qualifications for
ed by Mr. DoRSEY, simply corrected a verbal er- office may be, is driven from the field of competiror; and was agreed to.                    tion by his more wealthy competitor, with not
The next was as follows:                 half his merit, solely on the ground that more
Strike out in the fifth line, the words "of profit money will be given to secure a party triumph
or trust," and insert in lieu thereof, "or appoint- by bribery and corruption. The result will be,
ment."                                     Mr. President, if no check is imposed upon this
This amendment,by ayes 33, noes 19, was re- system of bribery of voters and pollution of the
jected.                                    ballot-box, that the elective franchise will cease
The next amendment of Mr. DORSEY, was to to be of any value in the eyes of the virtuous,
insert after the word "giving," in the 7th line of patriotic portion of the community, and your
said section, the words "or offering to give."  public offices will virtually become a saleable
The amendment by ayes 38, noes'25, was re- commodity to be struck off to the highest bidder.
jected.                                    Reports which defy contradiction are rife amongst
The next amendment was agreed to as fol- us, that a candidate for office has been known to
lows:                                      subscribe $5000, nay $7000, to be expended upon
Insert after the word "State," in the 7th line, a single election, and from information, the truth
the words, "or by the ordinances or authority of which I do not doubt, the sum of $20,000 if
of the mayor and city council of Baltimore."'  not $30,000, has been offered as a contribution
Mr. DORSEY offered the following as an addi- if successful in procuring a party nomination.
tional section:                              The question was then taken and by yeas 33,'That no person who is a candidate or has noes 41; the amendment was rejected.
been nominated and is to be voted for to fill any  Mr. DoRSEY offered the following as an addioffice or appointment under the constitution or tional section
laws of this State, or the ordinances or authority  Art. 5th. No person in this State not a canof the mayor and city council of Baltimore, shall didate or nominated as aforesaid, shall give, concontribute, give or subscribe, or promise so to tribute or subscribe any sum or sumsof money,
do, any money, or other thing of value, to be or thing of value to be used in any electioneering
used or employed in any way, in aiding or pro- canvass, or to be expended in any way in relation
moting the success of his election; except some to any election to be held under the constitution
reasonable sum to be applied to the payment of or laws of this State, or under any ordinance or
the expense of printing ballots or tickets to be authority derived from the mayor and city courncast at the election. And any person herein of- cil of Baltimore, unless such gift, contribution or
fending shall be deemed guilty of a misdemeanor subscription be directed by its author to be exand on conviction thereof, in a court of law,shall elusively applied to the giving of barbacues or
be punished by fine and imprisonment, and forev- treats, at which candidates for office and othet s
er thereafter be deprived of his elective franchise may have an opportunity of addressing their felin this State and the city of Baltimore, and be low citizens; or to the printing of public docuincompetent tohold the office to which he may ments or political essays, addresses or hand-bills
have been elected; or any other office or ap- designed for circulation among the people; or
pointment under.the constitution or laws of this the providing vehicles for the transportation of
State, or ordinances or authority of the mayor voters to the polls or to the printing of tickets
and city council of Baltimore, or to vote there- designed for the ballot box; and any person hereafter at any election therein."           in offending, or any person applying such gift,
Some jocular conversation followed.
-Some jocular conversation followed,     contribution or subscription to any electioneering
purpose contrary to such direction, upon convicMr. DOREY stated that in offering this amend. tion thereof in a court of law, shall be fined and
ment, his object was two-fold. First, to prevent imprisoned as shall hereafter be rovided for by
the raising of large sums of money to be used in the Legislature, and be thereafter incapable of
bribery and corruption- at elections; andsecond- voting at any election, or of holding any office or
ly, to make public offices the reward of merit, not appointment of any nature or description, under
of wealth. That for their attainment, the poor the constitution or laws of this State or under
tion upon equal terms. That he belonged to that council of Baltimore
school of olden democracy which held, that   Mr. BRENT of Baltimore city, moved the fol"worth makes the man, and want of it the fel- lowing amendment to the amendment:
low."                                        "Or for platforms for political speakers to
"That honor and shame from no condition rise; stand on, music, transparencies and other incidenAct well your part, there all the honor lies."  tal exenses necessary and proper."
Mr. MITCHELL desired to move further to
That in selecting public servants or officers, amend by adding "and that no spirituous liquors
wealth formed no element of preference. That shall be used."




103
This amendment was not now in order.      of the United States, or of foreign countries, any
The amendment of Mr. BRENT by ayes 26, sums of moneys for the purpose of bribing.
noes 41, was rejected                       -: Mr. MAGRAW moved (the usual hour having
And the amendment of Mr. DORSEY was re- passed) that the committee rise.
jected.                                       The motion was rejected.
Mr. DORSEY offered the following amendment:  The question was then taken on the amendNo person in this State holding any office or ment of Mr. DORSEY, and by ayes 30, noes 43,
appointment under the constitution or laws of it was rejected.
the United States, or any of the officers thereof,  Mr. STEWART, of Caroline, moved that the
shall give, contribute or subscribe any sum or committee rise.
sums of money or other article of value, to be  The motion was rejected.
used in any electioneering canvass, or to be ex-  Mr. DORSEY moved the following amendment:
pended in any way, in relation to any election to  Or appointment under the laws or constitution
be held under the constitution or laws of this of this State, or the ordinances or authority of
State, or ordinances of the Mayoc and City Coun- the Mayor and City Council of Baltimore, or to
cil of Baltimore, and any person herein offending vote thereafter at any election therein; and the
shall, upon conviction thereof, in a court of law, person to whom  such bribe, present, reward,
be fined and imprisoned as from time to time promise or security may have been offered or
may hereafter be provided by the Legislature; given, shall be a competent witness to prove the
and be forever thereafter incapable of voting at offence, and may be compelled to testify as such,
any subsequent election, and of holding any office and if so testifying should he have received the
or appointment of any nature or description same, he shall be exempt from all punishment
whatever, under the laws or constitution of this therefor, and the person by whom such bribe,
State, or under the ordinances or authority of present, reward, promise or security may have
the Mayor and City Council of Baltimore.    been proffered or given, shall be a competent
Mr. DORSEY stated that it was matter of public witness, and may as such be compelled to testify,
notoriety that officers of the United States had and if so testifying, he shall be exempt from all
been called upon to contribute to the expenses of prosecution or punishment forthe offence by him
the elections. Levies were made on them, which committed; provided always, that such exempthey complied with under the dread of losing tion from prosecution and punishment shall only
their offices. He desired to extricate the United be extended to that party who shall first appear
States officers employed in this State, from this before the grand jury to testify against the other
state of things, by exempting them from these le- party, and that neither party shall be compelled
vies. He wished to prevent the United States go- to give testimony unless protected from punishvernment from thus interfering with, and cor- ment by the exemption hereinbefore provided.
upting our State elections.                   Mr. DOLSEY said it had been alleged, that it
The question was taken, and by ayes 40, noes would be impossible to obtain a conviction in
41 (after a second count) the amendment was re- these cases, because of the difficulty ofcompelljected.                                    ing one of the parties to testify against the other.
Mr. DORSEY offered the following amend- Therefore, we proposed to exempt from punishment:                                       ment, the party which would first give testimony
No person in this State shall himself or through for the conviction of the other.
the agency of others, receive, use or expend any  Mr. CHAMBERS called for a division of the quessum or sums of money, or otherthing of value tion (which was ordered) upon the first branch
given, contributed or subscribed by any person of the amendment, ending with the words "at
or persons whatsoever living out of the State of every election therein."
Maryland to be made operative in any election-  The first branch of the amendment was reeering canvass, in relation to any election about jected.
to be held under the laws or constitution of this  And the second branch of the amendment was
State, or of the ordinances or authority of the rejected.
Mayor and City Council of Baltimore; such per-  Mr. DORSEY then moved to amend said report
son so receiving, using or expending, and each by adding at the end thereof, as an additional
and every of his agents therein, upon conviction section, the following:
in a court of law shall be fined and imprisoned  It shall be the duty of the General Assembly
as the Legislature may, from time to time direct; of Maryland to pass laws punishing with imprisand be forever thereafter incapable of voting at onment as well as a fine, any person who shall
any future election of any nature or kind in this remove into any electiondistrict of Howard DisState, or in the city of Baltimore, or of holding trict or Anne Arundel county, or into any ward
any office or appointment under either.    in the city of Baltimore, not for the purpose of
Mr. D)ORSE  explained that this amendment acquiring a bona fide residence therein, but for
was intended to operate not only in the State, the purpose of voting therein at an approaching
but on persons out of the State, and out of the election, or who shall vote in any such election
United States. In former times, with what truth district or ward, in which he does not reside,
he could not say, we had heard of hundreds of except in a case provided for in the first artithousands being expended by British manufac- cle of this Constitution, or shall at the same
turers, for the purpose of destroying ours. He election vote in more than one of snch election
thought it right to punish any man who shall re- districts or wards, or shall vote or offer to vote
ceive from any others, whether from Presidents in any name, not his own, or in place of any




104
other person of the same name, or shall vote in question has been sustained, and in voting on the
any county in which he does not reside, or shall matter pending when the previous question is
vote or offer to vote in virtue of a certificate of sustained and the amendments thereto as afbrenaturalization granted to another person; and said, the previous question shall then be exhaustany person convicted of any of the aforegoirng ed.
offences in a court of law shall not only be pun-  And be it further ordered, That all rules which
ished as aforesaid, but shall be incapable there- allow this Convention to resolve itself into conafter of voting at any election in this State, or mittee of the whole be rescinded.
holding any office or appointment of any nature  Which was read.
or description under the Constitution or laws of  And then the Convention adjourned.
this State, or under any ordinance or laws of the
Mayor and City Council of Baltimore.
The amendment was rejected. 
Mr. CRISFIELD, moved to amend said report
by adding at the end thereof the amendment offered by him on yesterday, being in these words:      THURDA, January 2d, 1851.
"Laws should be made for ascertaining by    The Convention met at 11 o'4lrck.
proper proofs the citizens who shall be entitled  Prayer by the Rev. Mr. GIFFIrrH.
to the right of suffrage hereby established."  The roll was called. Aquorum beingpresent,
Mr. PARKE, moved to amend said report by the Secretary proceeded to read the journal, and
inserting after the word "person," where it oc- made some progress when, on motion of Mr.
curs the second time in the third line of the third MAGRAW, the further reading was dispensed with.
section, these words "legally declared."    Subsequently a verbal error was corrected, on
Mr. RICAUD, (the hour growing late) desired motion of Mr. KILGOUR.
to move that the committee rise.              The President laid before the Convention a reMr. TUCK moved to amend the motion so, that port from the clerk of the commissioners of tax
the committee should rise and report the bill and for St. Mary's county, relative to fees and peramendments to the Convention.               quisites paid the Attorney General and his DeMr. CRISFIELD had no objection, he said, to puties by said county.
to the motion, if he did not thereby lose the op-  Which was read and referred to the committee
portunity of offering the amendment he had in- on ihe Attorney General and his Deputies.
dicated.                                      The President also laid before the Convention,Mr. ITcni included in is nmotionr, he said, an account of the clerk of Charles county court,
amendments adopted a  his mtion, he said, for services rendered under the resolution of the
amendments adopted and pending.             Convention of Ith iNovmber.
The CHAIRMAN expressed some doubts wheth-  onention of 15t Noe mber.
er the motion of the gentleman from  Prince   Also, an account of the clerk to the commisGeorge's (Mr. TUCK) ws now in orde   Pri.  sioners of tax for Charles county, for services
George's (Mr. TUCK) was now inan order of the Convention.
Mr. TUCK waived his motion, therefore, but rendered under an order of the Convention.
gave notice that if the motion to rise did not pre- coumitt
vail, he would renew his own.                 Mr. R   EL  presented a communication of
And the.question was takenand decided in the  Mr. RIDGELY presented a communication of
And the question  as taken and decided in the E. Smardon and others, of Baltimore county,
negative: ayes 36-noes 39.                  touching public education.
So the committee refused to rise.
Mr. Tvuc then renewed his motion that the   Which was read and referred to the committee
committe rise and report the amendments pend- on Education.
~~ing and adopted.  ~Mr. STEWART of Baltimore city, offered ithe
ing and adopted,                            follow order:
The question was then taken on the motion of  Ordered, That the President of this ConvenMr. TUCK, and decided in the negative without tion be authorized to pay to the Printers and
a division.                                 Reporter of the Convention, from time to time,
So the committee rose and reported the bill such sums of money as may be due to them reand amendments to the House, and the commit- spectively according to their contracts, upon the
tee of the whole was discharged from the further certificate of the committee on Printing
consideration of the subject.                 Mr. CHAMBERS of Kent, asked for some explaOn motion of Mr. CHAMBERS, of Kent, the re- nation in regard to the delay in the printing of
port and amendments were ordered to be printed, the reports.
and the further consideration thereof was post-  Mr. WEBVR, made an explanation as to the
poned until Monday next.                    causes of the delay with which
Mr. BRENT, of Baltimore city, gave notice   Mr. CHAMBERS expressed himself satisfied.
that he would to-morrow move the following or0  And the order was then adopted.
der, as a substitute for that offered by him this
morning:                                                    THE RUtLES.
Ordered, That the standing rules of this Con-  Mr. BRENT, of Baltimore city, called up the
vention be so amended as to apply the previous following order, which he had offered immediquestion without restriction and without debate ately before adjournment yesterday, as a substito the matter then pending, and to such amead- tute for that offered by him at an earlier period
ments thereto as may be offered consistently of the day.
with existing rules, after the call for the previous  "Ordered, That the standing rules of this Con



105
vention, be so amended as to apply the previous  The PRESIDENT said it could be done only by
question without restriction and without debate unanimous consent.
to the matter then pending, and to such amend-  Mr. -TucK said he had voted against laying the
ments thereto as maybe offered consistently with order on the table because he thought that these
existing rules, after the call for the previous questions when once introduced should be settled,
question has been sustained, and in voting on the that the Convention might know what its rules
matter pending when the previous question is were.
sustained and the amendments thereto as afore.  Mr. MERRICK said his intention was to vote for
said, the previous question shall then be exhaus- the readiest way of getting rid of the proposition.
ted.                                        Some conversation followed between Messrs.
"And be it further ordered, That all rules, TucK and BRENT as to the effect the order would
which allow this Convention to resolve itself into have on the amendment adopted on motion of
committee of the whole be rescinded."      Mr. RANDALL.
Mr. BRENT briefly explained the principle,MXr. TUCKthen addressed a few remarks to
which it was his intention toembrace in the order. that branch of the order which proposed to reHe expressed the belief that there was a disposi- scind all rules allowing the Convention to resolve
tion on the part of the Cnvention not to go into itself into committee. Generally speaking, he
committee of the whole, and in order that some said, he was as much opposed to going into comprotection atleast might be given to the minority, nittee as any member could be, but he was not
his proposition contemplated that the pending in favor of abolishing the power. The debate
matter, when amendable under existing rules, was at all times within the control of the majorimight be amended. In other words, he was for ty, and there might be cases in which it might
leaving it to the sense of the majority to say, be proper that the House should resolve itself
when the debate should be closed. He illustra- into committee.  He would, therefore, retain
ted the operation of the amendment. His desire the power.
was that the amendment heretofore adopted on  Mr. TIIOMIAS made some remarks, in which he
motion of the gentleman from Anne Arundel, expressed himself in favor of the first branch of
(Mr. RANDALL,) should be rescinded so far as it the order; but suggested to Mr. BRENT that it
gave the mover the power to designate the mat- might perhaps be improved by adding the words
ter to which the previous question should apply. "they shall be submitted and passed upon withHe insisted on the expediency of its adoption, out debate."
and the happy effects it would have on the busi-  As to the second branch of the proposition, he
ness of the Convention. Nine-tenths of the dis- dissented entirely from  the gentleman from
cussions here had been but a repetition of the Baltimore city, (Mr. BRENT.) There were advansame ideas in a different form. If any gentle- ta es in committee of the whole, (of which, he,
man had a better rule to suggest, he would cheer- Mr. T., should perhaps avail himself as little as
fully take it.                            any member of the body,) which could not be seMr. RICAUD moved that the order be laid upon cured in Convention. He illustrated this opinithe table.                                 on, and said that he could not, under any circumMr. BRENT asked the yeas and nays, which stances, vote for this branch of the resolution.
were ordered, and being taken, were as follows:  Mr. RANDALL suggested that the gentleman
Sffirtnative. —Messrs. Chapman, President, Mor- from Baltimore city, (Mr. BRENT,) would attain
gan, Blakistone, Dent, Ricaud, Chambers of his end by striking out from the amended 17th
Kent, Mitchell, Donaldson, Dorsey, Wells, Ran- rule, the words " or amendment." But Mr. H.
dall, Kent, Bond, Brent, of Charles, John Den- argued that it would be better to let that rule renis, James U. Dennis, Crisfield, Dashiell, Wil- main as it was, until the Convention hadjhad an
liams, Hicks, Hodson, Eccleston, Phelps, Bowie, an opportunity of knowing something about its
Sprigg, Bowling, Wright, McMaster, Fooks, Ja- practical operation.
cobs, Schley, Fiery, John Newcomer, Harbine,  He insisted on the importance of retaining the
Davis, Weber and Smith-37.                 power to go into committee, and contended that
N'egative.-Messrs. Merrick, Buchanan, Bell, to adopt the restriction proposed, would prevent
Welch, Chandler, Ridgely, Lloyd, Dickinson, calm deliberation, and lead to precipitate action.
Sherwood, of Talbot, Colston, Chambers, of He should vote against both propositions.
Cecil, McCullough, Miller, McLane, Tuck,    The PRESIDENT announced the hour of twelve,
Thomas, Shriver, Gaither, Biser, Annan, Ste- that being the time appointed for theconsideraphenson, Magraw, Nelson, Carter,Thawley,Hard- tion of the order of the day.
castle, Gwinn, Stewart, of Baltimore city, Brent,  Mr. BISER moved to postpone it, with a view
of Baltimore city, Presstman, Ware, Brewer, to dispose of tlhe subject matter before the ConHollyday, Slicer, Fitzpatrick, Parke, Cockey and vention.
Brown-38.                                    Mr. SPENCEE enquired of the PRESIIENT,, what
So the order was not laid on the table.  the order of the day was?
And the question recurring on its adoption,  The PRESIDENT said, it was the resolution reMessrs. HARBINE and FIERY called for a di- ported from the Committee on Representation.
vision on the first and second branches, which  The question was then taken on the motion of
was ordered.                               Mr. BISER, and the order of the day was postponed.
Mr. MERRICK now rose and stated that he had  Mr. BRENT contended that the amendment sugacted under a misapprehension of the question, gested by the gentleman from  Anne Arundel,
and asked leave to change his vote.       (Mr. RANDALL,) would not accomplish the ob14




106
ject which he (Mr. B.) had in view. This he  Mr. MRRICK said, he should not object to any
proceeded to show. He also submitted that the disposition which the Convention might think
amendment suggested by the gentleman from  proper to make of the resolutions. They had
Frederick, (Mr. THOMAS,) was embraced in his been reported by the Committee on Representa(Mr. B's) proposition. He submitted with great tion, of which he was Chairman-the first by a
deference to the opinions of gentlemen having unanimous vote, and the second with only one
more experience than himself, that there was no dissenting voice. The object of the Report was
substantial reason for going into Committee, and to endeavor to obtain the judgment of the Conthat the reasons applicable in that report to ordi- vention on these two controling principles as the
nary parlimentary bodies, did not apply to this basis of any detailed plan which might be reConvention.                               ported here, and within the circumference of
The question was then taken on the first which some plan might be laid down. These
branch of the order, and, by ayes 42, noes 31, it two great principles would have to be fixed at
was adopted.                               last, before any plan could be decided upon. As
Mr. BROWN suggested to Mr. BRENT' to with- to the mere question whether the report should
draw the second branch of the order.      be considered now, or a fortnight hence, he was
Mr. BRENT acquiescing in the suggestion-  indifferent.
The second branch of the order was with-   In regard to the first resolution as to the mode
drawn.                                     of computingipopulation, there would probably
Mr. BLAKISTONVE offered the following order, be no great diversity of opinion, for he presumed
which was adopted.                        that the Convention would, by a large majority,
Ordered, That the Secretary of this Conven- if not by a unanimous vote, decide that it was
tion cause the rules as amended, to be printed inexpedient to have regard to federal numbers in
for the use of the members of this body.  fixing the basis of representation.
The Convention hereupon passed to the or-  Mr. SOLLERS said, he had made the motion to
ders of the day.                           go into committee, for the very reason assigned,
that this was a most important and vital quesBASIS OF REPRESENTATION.         tion-the most vital and important of all the
The PnRESIDENT announced the order of the objpects for which this Convention had been callday to be the following resolution reported on ed-if he knew any thing as to whatthese objects
Wednesday, Dec. 11, by Mr. MERRICK, from   were. If ay ubject should be discussed in comthe Committeee onl Representation.         mittee of the whole, where greater latitude of
debate was allowed than in Convention, this was
1. Resolved, That it is expedient to regard fed- that very subject. He saw no reason why it
eral numbers in finding the estimates and basis should be postponed, though he was willing that
of representation in the House of Delegates.  it should be, if the House thought proper.
2. Resolved, That it is inexpedient to adopt a  Mr. CHAMBERS, of Kent, said he thought it
principle of representation, based exclusively was impossible for the committee on represenupon popular numbers in organizing the House tion to act until the Convention had first acted
ot Delegates or the Senate.                in the form of instructions to them. So conThe resolutions havinghbeen read-        flicting were the views entertained by the memMr. SOLLERS moved that they be referred to a bers of the committee, that they could only be
committee of the whole; for (said Mr. S.) if we reconciled by soni agency which would control
are to discuss abstractions, I think we had better their decision and compel the surrender of some
do so in Committee.                       of these opinions., That agency could only be
Mr. DENT. I hope the Convention will not found in the Convention itself. These principles
agitate the discussion of this question at the pre- had to be fixed. That was a necessary prelimisent time. I do not see any good that can re-  ary to the action of the Convention, and he
suit from so doing. For my own part, I should could see no good reason why a decision upon it
greatly prefer that there should be sonme practi- sould be delayed. He adnitted that the quescal proposition submitted to our consideration tion was one o' great importance, though he
before an effort is made to discuss merely ab- migh't not go so far as some gentlemen who
stract principles. This question of representa- thought it the most important upon which the
tion, is one to which more Importance is attached Convention would be called to act. If, as had
than to any other upon which this Convention been said, it was an abstraction, putting.it off
will be called upon to act.               would not make it less so. He asked the yeas
Mr. SOLLERS. That is the very reason why and nays on the motion to postpone.
it should be discussed in Committee.        Mr. BROWN suggested that the day designated
Mr. DENr. I can only express the hope that in the motion to postpone was two distant, but
my suggestion may be adopted, and if in order, 1 thought it would be well that the Convention, bewill move a postponement.                 fore taking up so important a subject, should
Mr. SOLLERS. I have no objection to that, dispose of the reportof thecommitteeon theelecand if the gentleman will make such a motion as tive franchise which had been made the special
ne indicates, I will withdraw mine.       order for Monday, so that there might be no inMr. DENT. I move that the consideration of terference. In the meantime the Convention
this subject be postponed until the 15th day of could occupy itself in the consideration of other
r-ebruary.                                matters.




L07
Mr. MERRICK said, that if any postponement draw the motion. I can see no practical good
was to take place, he should be glad, in view of that is to result from the discussion now; and I,
some private matters which required his atten- therefore, persist in the motion.
tion, that the postponement should be to a less  Mr. BROWN enquired whether it would not be
distant day than had been moved.          competent for any gentleman to, submit a plan
Mr. BROWN suggested a postponement to of representation, andthen tomove are-commitThursday next.                            mcnt with instructions to report that plan.
Mr. PRESSTMAAN submitted, as a question of  The PRESIDENT. The Chair thinks it would
order to the chair, whether after the resolution'be in order.
should have been taken up, it would be in order  Mr. IqsowN. Then I move to postpone the
for gentlemen to submit plans for apportionment, consideration of the subject to Thursday next.
and whether these plans would then be before  Mr. BRENT, of Baltimore city, referred to the
the Convention for action, without the necessity fact, that at an early stage of the session, he had
of referring them to the committee on represen-!been in favor of postponement; but the sense of
tation.                                   the Convention had been against it. This was
If so, he was in favor of taking up the resolu- a most important question, and when the Contion. He was opposed to referring the matter vention took it up, they should give their entire
again to the committee in any form whatever.  and undivided attention to it. He thought the
The PRESIDENT said, it was his impression that Convention was not prepared to consider it now,
it would be in order for the Convention to engraft and he hoped that it might be postponed generany proposition it might think proper, on the ally, and that the Convention would proceed to
report of the committee, without referring that the consideration of the Bill of Rights.
proposition.                                 Mr. SPENCER hoped, he said, that the ConvenMr. PRESSTMAN said, he was entirely opposed tion would take up the resolution reported by the
to the action of the Committee. He agreed with chairman of the committee on representation,
gentlemen who had expressed the opinion that that it might be determined whether it would, or
this was butan abstraction. Gentlemen had been would not give these instructions to the commitsent here for the most part with power to carry tee. It was his intention. at the proper time, to
out the direct wishes of their people, and they move that the report be referred back to the cornknew as well now how they stood, as, they ever mittee, with instructions to report a specific plan.
would know.                               If the committee could not agree let majority
The question of representation according to and minority reports be made. He was opposed
population, he considered as settled-settled be- to all discussion on abstractions.
yond the power of resurrection. The election  Mr. TUCK suggested that the Convention could
had settled that point. He was not in favor of not shut out the discussion on abstractions. If
discussing it; and he was opposed to all discus- gentlemen were prepared to enter upon such
sion upon the subject, unless directed to some a discussion, it must unavoidably come;-it
practical plan. He should vote at all times for might as well come now as at any time, and,
the basis of representation according to popula- when once over, gentlemen would be ready to
tion, but he could not close his eyes to the fact, give their votes upon some substantive proposithat upon that question he was in a very small tion. He thought time would be saved by refuminority. He preferred, therefore, that the dis- sing to postpone the consideration of the quescussion should be confined to some liberal plan tion. He should, therefore, vote against the
of compromise, and he believed that there were postponement, and in favor of all motions to take
gentlemen in the Convention who had such plans up the subject at once.
to offer, without the intervention of the commit-  Mr. GWINN said, it was immaterial to himn
tee. He hoped that the committee would never whether the question was referred back to the
again have charge of the subject. And he gave committee or not. He knew very well that that
notice that he should himself offer a plan, look- committee could not agree upon any thing, uning to a compromise.                      less they should receive specific instructions from
Mr. KILGOUR was in favor of the postponement. the Convention. But he must say, in reply to
The members of the Convention, he said, were the remark of a gentleman who had preceded
n1ow in good humor with each other, and the him, that there had never been in the history of
longer they remained so, the better it would be, the country an instance in which this question of
not only for themselves, but for the accomplish- representation had been taken up and acted upon
ment of the objects which had called them to- from beginning to end without interruption. In
gether. If there was any question which would support of this assertion, he cited the instance of
excite the minds of members and lead to irrita- the Convention that framed the old Constitution
tion and ill-feeling, it was this. And if they of the State of Virginia. Itwas notto be imaginget mad, one with another, (laughter,) what sort ed that a question of this magnitude could be
of a Constitution did gentlemen suppose they disposed of in one day  Debate must take place,
would make? He    opled the consideration of and the result might be a compromise upon all
the subject would be postponed until every other matters involved. As a mere individual, he
had been'disposed of.                    considered himself instructed to insist upon the.
Mr. DASHIELL. As we have already entered principle of representation according to populaupon the discussion, I hope that the motion to tion. The people whom he represented believpostpone may be withdrawn.                ed that to be the true and honest doctrine; and he
Mr DENT. I do not feel at liberty to with- would never think of any plan of compromise,




108
until it had first been ascertained that that doc- i expedient to adopt federal numbers in fixing the
trine could not be carried out. He referred to basis of representation. He (Mr. H.) thought
the long delay which had taken place in the that the discussion of that question would occupy
British Parliament, before a similar question as much time as any other. So, in relation to
could be settled there. And was he to be told representation according to population. That
that he was not to urge a principle which he be- matter was not going to be passed over slightly.
lieved to be rirht, because the effort to establish lHow long might this single proposition occupy
it might be defeated? Or was that principle enti- |the attention of the Convention? So with the
tied to less respect and consideration, merely be- restriction as to Baltimore city, there might be
cause it might not command the votesiof a ma- another protracted debate. It was manifest that
jority of the Convention?                   all these questions, from their intrinsic impo'Mr. DENT interposed to a point of order. The tance, were going to occupy agood deal of time.
gentleman was gradually sliding into the discus- He was willing to fix that time. But as much.ion which it was the object of every motion to local feeling might probably be excited, and as
avoid.                                     the discussion was going to be prolonged, he beThe PRESIDENT decided that the question was lieved that it would be politic and prudent to
debateable only to the extent of the propriety of postpone the consideration of the matter for the
a postponerment.                           present. The Convention, he suggested, should
Sonse conversation followed              take up the report of the Committee on the bill
Mr. GwINN resumed and briefly argued that of rights. As to the propriety of referring the
whlether these resolutions were abstractions or resolutions back to the committee on representanot, the course of proceeding indicated here was tion, he disagreed with the gentleman from Balprecisely that which had been adopted in the timore city. He, (Mr. H.) thouglt there was as
Virginia Convention and in the Convention which much propriety in sending this subject to a cornframed the Constitution of the United States. mittee as any other.
These resolutions contained within themselves  Mr. STEWART, of Caroline, referring to the
all the elements of calculation, and if they were journals of the Convention, briefly recited the:ttractions, he knew not what an abstraction history of the proceedings of the Convention
was.                                       hitherto, in reference to this subject, for the purThe two great issues which this Convention pose of shewing that there was some conflict in
was sent here to try, were the questions of re- the action of this body, and of illustrating the
presentation, and the election of officers. They propriety of some remarks which he had formerly
had assembled for the purpose of making reforms. made in reference to this question. He was proAnd'he would ask what single reform, of all ceeding with some remarks in reference to the
those, which, for fourteen years the people had subject matter, when
agitated, had yet been made?                 Mr. BRENT, of the city, called the gentleman
Mr. DENT again interposed to the question of to order.
order.                                       The PRESIDENT reminded the gentleman from
The PRESIDENT satisfied Mr. GWINN what the Caroline, that the question was on the postponclimit of debate was.                       ment of the subject.
Mr. GWINN resumed. I have only followed in  Mr. STEWART resumed-suggesting   that in
the track which other gentlemen have marked order to show the propriety of postponement, it
out. I have not made a comment that was not was necessary to understand what had been done.
attacked by the remarks of the gentlemen who The committee to which the subject had been
have preceded me. The friends of this reform  committed, had reported certain resolutions.
are entitled to have this question brought up at And now, when these resolutions come up for
an early day. And the best and wisest course, consideration, a motion is made to postpone
inl my judgment, is first to take up a ques- them. He stated that he was ready to go on
tion about which there is so much dispute and now, and should vote against any postponement.
feeling, and to leave all other matlers to be dis- Hle was prepared to vote for the resolutions of
posed of after that shall have been settled.  the Chairman of the Committee, if brought beMr. HARBINE said that he did not concur in fore the Convention in a proper manner. The
the opinion expressed by the gentleman from report on the elective franchise had been discusBaltimore city, as to the propriety of taking up sed, and if the Convention had rejected it, there
this question at the present time. He believed wculd have been an end of it, unless it was reit would be better for the Convention, and better -onmitted. He was fearful that such would be
for the people whom they represent, that the the effect of the postponement of this question.
consideration of so important a subject should be The gentleman from Baltimore, had said that he
postponed at least for a short time. Whether was in a minority on the principle of making pothese resolutions were abstractions or concretions, pulation the basis of representation. Others
was a matter of little moment to him; but he were in favor of a differentbasis. He thought it
was satisfied that if the Convention should take right that we should come to immediate action
up this greatprinciple of representation, it would on the subject and settle the principle. He
be discussed from day to day, and from week to thought.it was the duty of the. committee to reweek, for a length of time which no one could port some basis of representation, upon which
predict. He differed with the gentleman from the Convention might act. If it would be in
Charles county, as to the chances of a speedy ordeoI.te  desired to move a substitute, as folvote upon the proposition, whether or not it was lows:




109
"To recommit the report ith instructions to  The question was then taken and the amendreport a specific plan."                   ment of Mr. NEWCOMER was rejected.
Some conversation followed on a point of   The question recurred on the motion to postorder.                                     pone to Thursday next.
Mr. Brown demanded the previous question, and  The motion was rejected.
by ayes 40, noes 31, there was a second.     The question recurred on the motion of Mr.
And the main question was ordered to be now  SOLLERS, to commit the report to a Committee
taken.                                     of the whole.
Mr. CHAIMBERS of Kent asked the yeas and   Mr. SPENCER, then moved to recommit the renays on the main question, which were ordered. port to the committee on Representation, with
And the question, "shall the consideration of instructions that they report articles of the Conthe said resolution be postponed until the 15th stitution on some basis of representation, fixing
day of February," was taken and decided in the the representation in the House of Delegates and
negative as follows:                       Senate..ffirmative.-Messrs.  Morgan,  Blakistone,  Mr. MERRICK stated that in the committee,
Dent, Hopewell, Sellman, Dalrytnpie, Bond, the gentleman from Baltimore (Mr. PRESSTMAN)
Buchanan, Welch, Chandler, Lloyd, Dickinson, had taken his ground, and would go for nothing
Sherwood of Talbot, Colston, Eccleston, Cham- but the basis "of population." Others had taken
bers, of Cecil, McCullough, McLane,'Bowie, their stand; and thus the committee had been disSappington, Stephenson, McHenry,   Nelson, tracted in their labors, and unableto agree on the
Brentof Baltimore city, Fiery, John Newcomer, plinciple. Now if the Convention would cometo
Harbine, Kilgour, Fitzpatrick-29            any decision which would be an instruction to:Negative.-Messrs. Chapman,President,Ricaud the committee as to the principle on which they
Chambers of Kent, Mitchell, Donaldson, Dorsey, should found a report, the existing differences of
Wells, Randall, Kent, Sollers, Brent, of Charles, opinion would at once be brought to a comproMerrick, Bell, Ridgely, John Dennis, James U. mise. For this purpose the resolutions were reDennis, Crisfield, Dashiell, William s, icksported. He believed that the sense of the ConHodson, Phelps, Miller, Tuck, Sprigg, Bowling, vention was against the population basis. If he
Spencer, Wright, McMaster, Fooks, Jacobs, was right, and the decision of this body should
Thomas, Shriver, Gaither, Biser, Annan, Magraw  send back the resolutions with an instruction to
Carter, Thawley, Stewart, of Caroline, Hard- that effect, it would promise a compromise of the
castle, Gwinn, Stewart, of Baltimore city, Presst- jarring opinion-of the members ot the committee.
man, Ware, Schley, Davis, Brewer, Weber, They had made no report, because they could
Hollyday, Slicer, Smith, Parke, Shower, Cockey come to no conclusions; and the resolution of the
and Brown-56.. Convention forbade a report of reasons, and callSo the Convention refused to postpone the con- ed only forresults  He repeated that the sanction
sideration of the order, until the 15th day of of the House was required forthe guidance of the
February.                                   committee; and until that sanction was given, the
The question then recurred on the motion of committee could be brought to agree on neither
Mr. BROWN, to postpone the consideration of the of the extreme principles.
second report until Thursday next.            Mr. BRENT, of Baltimore city said
Mr. BROWN rose to withdraw the motion.      The question now was, whether the ConvenThe PRESIDENT said itwas not inorder for the tion should resolve itself into a committee of the
gentlemen to do so, the previous question having whole. I am opposed (continued Mr. B.,) to
been called.      -      -                  again entering into that committee on any subSome conversation followed as to the effect ject whatever, but especially at this time and
of the new rule on the question before the House, on this great question of representation, because
between Messrs. BRENT, of Baltimore city, CHAM- I think to entertain that question now, would be
BERS, BISER, TucI, THEOMAS and the PRESIDENT. premature. The labors of the Convention are
In reply to an enquiry by Mr. THOMAs,     not yet sufficiently matured for us to proceed to
The PRESIDENT finally decided that the pre- this subject. It is because I regard representavious question would be exhausted on taking the tion as the most momentous and and important
question on the motion of Mr. BROWN, that being of all questions that I do not wish -to begin its
the "matter pending."                       discussion now, when we must break off on next
Mr. KILGOUR asked the yeas and nays on the Monday to resume the report on the elective
motion of Mr. BRowN, which was refused.     franchise. Let us, when once we touch. the
Mlr. JOHN NEWCOMER enquired, whether it principle of represention, devote all our energies
would be in order to move an amendment.     without interruption or diversion, to its undivided
The PR ESIDENT said that under the rule adopt- consideration.
ed this morning, it would be in order         The gentleman from Charles, (Mr. MERRICK,)
Mr. NEWCOMER thereupon moved that the says that the Convention is now prepared to vote
further consideration of the question be postpon- on this whole subject.  regret to hear that it is
ed until the first Monday in February.      prejudged. I had hoped that gentleinen were
Mr. TUCK suggested that the best course of open to conviction. I am ultra and zealous for the
proceeding would be, that the pending motion principle of representaiion on the basis of poputo postpone, should be withdrawn, and that the lation but satisfy me that I am wrong, and I
Convention should get rid of the previous ques- will acknowledge the error; otherwise, I shall
tion by going into Committee of the whole.  know no compromise in my votes on this subject




110
yet if a constitution is formed, I would look at it population; his constituency undoubtedly preferas an entire instrument, and if I should approve it red it; but he felt at liberty to make terms.
as a whole, 1 reserve the right to vote for the new  Mr. TUCi called for the previous question.
Constitution, though it may not give us our full  There was a second, and the main question
and equal rights. But the new Constitution is was ordered tobe now taken; which main quesnot yet formed, and until I see it complete 1 can- tion was on the motion of Mr. SOLLERS, to refer
not say whether it will receive my support. In the said report to the committee of the whole.
the meantime, let us postpone this subject until  Mr. PrELPS asked the yeas and nays which
we have completed our action on the elective were ordered, and being taken, resulted as folfranchise, and then let us have full and thorough liws:
discussion in all its latitude, and if we cannot.^ffirmative-Messrs. Chapman, PresidentMorchange a vote here, the seed will be sown among gan,Blakistene,'Dent, Hopewell, Ricaud, Chamthe people, which, at some future time, will bers of Kent, Dorsey, Wells, Randall, Dalrymbring forth the harvest of reform, if it shall fail pie, Bond, Ridgely, John Dennis,James U. Dennow.                    h                  nis, Crisfield, Dashiell, Williams, Hicks, HodGentlemen who are favorable to the doctrine son, Eccleston, Phelps, Miller, McLane, Tuck,
of representation based on population, have said Bowling, McMaster, Fooks, Jacobs, Gwinn,
that it ought to be pressed at all times and under Stewart, of Baltimore city, Schley, Davis, and
all circumstances, and that we ought to begin its Smit —34
consideration even if we have to break off time.Negative-Messrs.   Donaldsont Sellman, Brent
andagain. I beg leave to differ with them, and of.ega he-Messrs. Donaldn, Sellm, Brent
shall contend that more justice will be done to   Chale,   ick      nn,    ell   el
e     Chsandler, Lloyd, Dickinson, Sherwood of Talthe subject by postponing it now and takingit up bot; Colston, Chambers of Cecil, McCullough,
herealter, when we can bestow on it or single  Bowie, 
wooand undivided attention. o t   or sinl  Bowie, tSprigg, Spencer, Wright, Thomas,
onse gentleman, frm Croitione        Stephenson, Nelson, Carter, Thawley, Stewart
those who are for postponement now as general-: roine,      e,ren       o Baltire city
ly acting to postpone every thing, and he has of Caroline, cardeastle, Brent of Baltimore city,
ry acting.to postpone every thinal   andr he                                     must
used the unsavory metaphor of a flock of, sheep lPress, il are, Breer, Wb er, Hday, aifollowin the one which first bleats. I f he means bie, Kiltr, Brewer, Weber, Holnday, Sli
-scer, Fitzpatri k, Parke,' Shower, a                               Cockey a nd
to apply such a comparison, however general,r                 r   Showe, Cocey ad
to mne, ie is much mistaken, as I am always for
action, prompt and speedy, and utterly opposed  So the Convention refused to commit the reto those who would procrastinate the work' of port to the committee of the whole.
reform. -                                    The question then recurred on the motion of
Mr. PRESSTMAN wished the Convention to un-. SPENCER, to recommit the said report with
the instructions he had indicated.
derstand the eposition lie occupied as a' delegate            to   en   sad   tion 
from the city of Baltimore. He wished also that
lauwe the cyopposed toe oaj. He -wished  striking out the instructiions to the committee.
his constituents aid his colleagues should ndr- striking out the instructions to the committee.
oepstand it.  He was a gainst postponement w' He  Mr. THonIAs referred to the order which had
stand it:' tHe was against postponenett.i He
was against the practice of members of t  com- been adopted by the Convention on motion of
rmittee, who took an opportunity to rise in the Mr. G o  resticting the committees from
reporting reasons; and suggested that the object
eveyi gentlemak~n icomittee,    of that order was to prevent any influence which
and then to abandon the ground they had taken  tht oe     treet any influence     ic
a statement of opinions might have on the Con[Mr. GWi'NN disclaimed any such intention.]  vention. The committee had made no report in
Mr. P. said, he did'not allude particularly to the shape:of an argument on this, what hle must
his colleague. He reminded his colleague, who call,vital question, for vital he considered it, and
was very fbnd of looking into Convention pro- one on which he had taken ground which he
ceedings, that it had always been permitted to would never abandon without a severe struggle.
each member of a committee to make a report He thought, however, that the committee had
embracing his views; the might avail himself of violated the spirit of: the order, by coming forthat privilege. He referred: to the statement ward and throwing the weight of their opinions
made by the gentleman from Charles, (Mr. MER- against the course which lie should advocate. He
RiCK,) that no agreement could take place in that desired that.the resolutions should be recommitcommittee; and stated that the views of his col- ted, with instructions to report a practical mealeague were opposed to those of a majority. He sure. He deprecated discussion on the abstract:
inteilded, when he had the opportunity,' to move propositions, whether representation should be
to discharge the committee fiom' the furthercon- based on popular numbers; whether it should be
sideration. of the subject, because he wished' to based onfederal numbers; or on popular numbers
offer a plan, and'he knew:othergentlemren would for the House and federal numbers for the Senoffer plans, for the purpose of obtaining thl vote ate. He did not wish to waste tiie on abstracof a majority of the Convention'in favor of some  tions. The members of the committee appeared
principle. He thought it the proper course for to be as various in their opinions as their numevery gentleman in cominittee, or a minority, to bers. They were notlikely to make any report.
make separate reports,.ad then let' them be Had: the committee reported any practical plan,
considered by the House. He did not allow that nome progress night have been made. But conhe had been instructed to vote for the basis of stituted' as the committee are, the better plan




Ill
would be to discharge them if they should ask it, would produce angry feelings. Why should such
and then take up the subject in the House. He apprehension exist?  There is nothing in the
thought the instructions contained in the amend- question to excite angry or unkind remarkrient of the gentleman from Queen Anne's (Mr. nothing. He regretted-very much regrettedSPENCER) would only embarrass the committee, to hear such anticipations. They seemed to inwithout leading to any practical result. It was vite such a state of irritation. Where was the
his opinion that the committee ought to report a occasion for it?  It is a question of political explan.                                      pediency and policy; involving no personal imMr. CIiAMBERS said that the committee could putations. We differ-differ honestly. It isfair
report a plan directly, if they could have a vote to use arguments to convince each other; but pasof the Convention.                         sion is not argument, and of all means is the
Mr. THOMAS replied that this was only a single least likely to convert or persuade an opponent.
opinion. He thought the committee might make None of us are excited now by any unkind feela report without violating the order of the House. ing. Then why should we become so in the
Mr. SPENCER said he had no intention to give calm investigation of such facts, and the cool
expression and  consideration of such arguthe committee any instruction beyond what the expression and  consideration of such arguresolution appointing, them gave.          ments as should lead us to wise conclusions?
Mr. THOMAS suggested that under the instrucHe thought this the place, now the time, and that
tions of the getleman's amendment, the comr- the form in which the question should be discusmittee may not report at all. His object was sed and decided.
Mr. MERRICK said that the Committee could
that they should be ordered to report a plan.  Mr MRRICK said that the Committee could
that they should he ordercd to report a plan.  have had no intention to violate the spirit of the
Mr. SPENCER stated that the committee was order, or to bring up abstract principles. They
appointed to deliberate and report on the subject ttiought the resolutions contained practical prinof representation. Tile amendment he had oter- ciples, such as it would be necessary for the
ed was to recommit with instructions to do, what Convention to settle, before the Convention
the original resolution instructed them to do. could consider and report details. It was neThe gentleman from Frederick objected to it, cssary that they should know whether popular
on the ground that they might not report at all. numbers was to be the basis of representation or
He wanted them to agree and ask instructions. not, that they might go into the details under the
Mr. GwIN intimated thatamajoritylcould not sanction of the vote of the Convention. The
agree.                                      committee were of opinion that the business
Mr. SrENcE. intimated that if they could not would be expedited if they could get these prinagree to ask instructions, any two of them, or ciples settled. The gentleman from Frederick
even one, might make a report on which the asked what progress could be made? He ansConvention could go on.  let them separately wered that they might make great progress.
report articles which may be taken up and con- There must be animated discussion on the subsidered. Unless they do this, how were any ar- ject, and why should we not begin by making
tides to come before the Convention? He said the ground clear. We should advance the busihe was not tenacious about the instructions and ness of the committee, by coming to a solemn dewas willing to strike them out.             cision as to the character of the basis. To settle
Mr. PRESSTMAN concurred in the views of the that now would be to get rid of a great sub-divigentleman from Frederick.                   sion of the subject. And if it should appear that
Mr. THOMAS moved to strike out the instruc- the Convention will adopt neither federal nor
tions in the amendment.                     popular numbers exclusively, a compromise of
Mr. SPENCER accepted the amendment, and opinions would takeplace in the committee. It
modified his proposition by striking out the in- was his opinion that individual members, or even
structions.                                 a mlinority of the committee, had no right to
Mr. PRESSTMAN understanding that the gentle- make reports, but that this right was in the maman from Kent, had said that some members of jority only. But a member of the House was
the committee wished to bring forwarded plans, always at liberty to submit propositions, and, as
in order to present their views to the Convention, such, ie had submitted a plan. He had presented
asked if a member of the committee had any it as his own, not presuming to offer it as a regreater right to do this than any other gentleman port from the committee. Hitherto there had
in this body.                               been no plan suggested on which the committee
After a brief explanation between Messrs. had been able to agree; but hoped that they
CHAMBERS and PRESSTMAN,                     would soon come to an agreement, especially if
Mr. CHAMBERS resumed. His object in rising by a vote of theConvention, the principle were
was to urge immediate action on the report, as to be established. The expression of the views
the safest, surest mode of expediting our work. of the House would, at once, terminate the diffiPass this report, and you will probably, in a few  culties in the committee.
hours after the committee can be convened, have  Mr. GWINN offered the following amendment.
a report on the compromise plan-reject it and  "Ordered, That the committee on Representathereby declare your determination to take a ratio tion be instructed to report a plan of representaof numbers, and you must have a report accord- tion in the Senate and House of Delegates, givingly.                                     ing one delegate to each five thousand of populaIt had been remarked that'delay was desirable, tion in the counties and city of Baltimore, in the
because it was a subject, the discussion of which House of Delegates, and dividing no county or




112
city of Baltimore, and to constitute the Senate promise until the House should settle the broad
of senatorial districts, of which the city of Balti- question of "representation on the basis of nummore shall be one, and to arrange the said dis- bers exclusively." No complaint can be made
tricts in such a manner that they may be, as far on that account. These gentlemen held themas possible, equal in population-and to provide selves bound to stand upon this floor in public
that each senatorial district should have five view in vindication of the claim oftheir constitudelegates."                                 ents to the benefit of this principle. They thought
Mr. CHAMBERS denied that this was an abstract the silence of the committee room was not the
question. It was eminently practical. He ad- scene for their labors, as no history of their eferted to the common notion that this was the age forppear. Of course the commitvofeprogressd an d said he cobelievedn  this Cou  tee could not have the aid of these gentlemen in
of "progressf' and said he believed in this coun-\
trythe progress  in the arts and sciences, was the preparation of any other plan till the House
trythe progress    tert and mu chmr e se, than p- decided this question. It must be discussed.
much greater and much more useful, than pro- Gentlemen have said it shall not pass sb silentiogress in the science of government. In none of Gentlemen have said it shall not pass s  siltiothese was the improvement greater than in but must encounter opposition stern, and strong.
chemistry. It gave us tests by which in almost It will occupy as little time now as ever. We
chemistry. It gave II     y, whichm^        are at it and why not get through it?
every case to ascertain the truth. If, for instance, are at it and why not get thlough it?
he frmer desired to kinow whether carolate  IMr. DAvis moved that the Convention adjourn,
the farmer desired to know whether carbonat                       e
of lime was an element in the composition of his b             to en   e
bank, he had only to apply an acid to ato give notice, that when the
bartk, be had only                                                 the elective franchise
portion of it, and itspresence was truthfully report of theicommittee on the elective franchise
announced by the "edffervescence" " Therewere  came up for consideration, he should offer sundry amendments, which he moved should be
some questions in law and logic, determinable by dry amendments, which he moved should be
tests equally infallible. This was an instance. printed.
An "abstraction" is that which is by itself-it has  Determinel in tie afirative.
Mr. l DAws' then withdrew his motion to adno practical consequence or result. Now the 
resolution of the committee puts before the house Journ.
the proposition, whether the basis of representa-. DSH     renewed the motion o adjourns
tion shall or shall not be exclusively that of a and on the question being put, it was
ratio of population. If you concurwith the com-  etermined in the negative.
mittee and say that sch a basis will notbeadop-  T   question then recurred  upon the orderINN
ted, will there be no result-no consequence?   mitte b M.
If on the contrary you decide that the committee  motion,
are wrong in repudiating this basis, and that it  The Convention adjourned until to morrow
ought to be adopted, will this produce no result-mornin 1'clock.
no consequence? Why, sir, just so surely as
you decide the one way or the other, will the
committee report a corresponding system for
you, and just so surely as members adhere to               FRIDAY, January 24, 1851.
their opinions, will the system reported rest on
that basis which this veot shall indicate, and  The Convention met at 11 o'clock.
shape be given accordingly to one of the most  Prayer by the Rev. Mr. GRIFFITH.
important articles in your Constitution. This is  The roll was called and a quorum was present.
the "effervescene."  The articlein your Consti-  The journal was read, and having been so
tution-that's the "result."                 amended, on motion of Mr. SPENCER, as to state
the fact that helhad withdrawn the instructions acHe denied that the committee had in any de- companying his motion to recommit the resolugree offended against the lettr or the spirit of tions reported by Mr. MERRICKc from the comthe order requiring reports to be made without mittee on representation, was approved.
accompanying arguments. Hle explained the ob-. P.RKE presented the petition of seventeen
ject of that order, which was not to prevent a officers and members of "Lippard Circle, Broreport of opinions as had been said, but of argu- therhood of the Union, (H. F.) No. 3, of the
ments to sustain opinions. Every report must the State of Maryland, No. 86 of the Continent
give an opinion. The fact that a particular of America."
provision is recommended for our'adoption is the  Also of seventeen other citizens of Maryland,
strongest form in which the opinion of its pro- praying that a certain portion of real estate may
priety can be expressed.                    be exempted in the new Constitution, from any
A report without an opinion would be that forced sale, extent or levy, on execution or devery abominable thing which is so hateful to cree from or by any court of law or equity.
gentlemen-an -abstraction." He vindicated the  Mr. P. simply desired, he said, to remark that
course of the committee. There was no argu- the signers of the petitions were very respectment here to sustain the report or prejudice the able persons-that the subject was one which
question. It was thie opinion of the committee was attracting universal attention, and which,
that this question should be decided as a guide to he thought, deserved the respectful consideration
their action. There were so many and so diverse of the Convention.
opinions amongst its members that a majority  On motion of Mr. P. the petitions were refercould not unite affirmatively on any plan. Some red to the committee on the bill of rights.
of the members would yield to'no terms of com-  Mr. WELLS, from the committee on accounis,




113
reported the following order, which was adopted:  " Resolved, That the committee on the LegisThe committee of accounts beg leave to report lative department of the government, enquire inthat the several accounts herewith tiled number- to the expediency of engrafting on that branch of
ed respectively, No. 1, 2, 3 and 4; have been the Constitution, a clause prohibiting the Legisexamined by them, which they believe correct, lature from passing any law affecting the existing
that under resolution No. 67, passed at Decem- relation of master and slave in this State."
ber session 1849, they are of opinion they should  Mr. BROWN remarked that there was no such
be paid by an order on the Treasury, drawn by committee as a committee oer the colored poputhe President of this body, they beg leave to lation. There was a committee on the free colsuggest the adoption of the following resolution: ored population. Hie would suggest that the reResolved, That the amount of the accompany- solution should be referred to Committee No. 14,
ing accounts, being $4:-8.14, be paid by an order and lie (Mr. B3.) would vote for that reform with
drawn on the Treasury by the President of this pleasure.
Convention.         G. WELLS,                 Mr. PRESSTMAN said that his object was differW; WILLIAMS,            ent from that of the gentleman, (Mr. SPRcGG.)
EDWARD LLOYD.           The order introduced by the latter gentleman,
ALEX. NEILL, Jr.,       proposed to direct the corn. on the LegislativedeELIAS WARE, Jr.         partment of the government to enquire into the
Committee on.fccounts.  expediency, &c. Now, his (Mr. P's.) object was
MASTER AND SLAVE,              to carry out the entire view embraced in the re-.
MlASTER AND SLAEV,
solution of the gentleman in the present propoMr. PRESSTMAN submitted the following order: sition, as he (Mr. S.) would probably desire it
"Resolved, That the Legislature shall not pass should come from the Committee.
any law to abolish the relation of master and  Mr. CIHAMnBES, of Kent, (to the PRESIDENT.
slave as it now exists in this State, and that the Is it in order for a proposition identically the
committee on the Legislative Department be in- same as,one previously off-ered, to be renewed?
structed to report an article to carry out this pro. I hold, in justice to my friend, (Mr. SPRIGG,)
vision."                                   that, as this is precisely the same proposition
Some conversation followed between Messrs. which he introduced some time ago, it is not in
BLAKISTONE, PRESSTMIAN and the PRESIDENT, as order now to renew it.
to the fact whether a similar proposition had not  Mr. PRESSTIMAN. I admit that the two propoheretofore been referred to Committee No. 14.  sitions are of a similar character, but I deny that
Mr. PRESSTMAN said lie did not think that the I have not the right to offir a resolution, the ohsubject matter embraced in this resolution had ject of which is to take the sense of the Convernalready been referred, orthat any order had been tion on any subject. I would not have offred
submitted to the Convention going to the extent the resolution if I had not known that the object
contemplated by it. If the subject had been re- it has in view.is agreeable to a majority of the
ferred in this particular form, he had no wish to Convention. But if the gentleman (Mr. SPRIGG)
press the resolution; but he thought that no order has any objection, personally, I shall certainly
had been referred denying to the Legislature the withdraw the order. I hope he will understand
power to act upon the question of the relation of the spirit in which I offer it.
master and slave. His desire was to insert a guar-  Mr. DORSEY. 1 ask for the reading of the reantee in the new Constitution iUpon slavery as it solution.
now existed in the State of Maryland, and, pro-  The resolution having been again read,
viding that it should not be changed by the Legis-  Mr. CHAMBERS, of Kent, said, I withdraw all
lature. In making a Constitution, he was pre- objection.
pared to look to compromises, with a view to   Mr. BOWIE.   The gentleman from   Kent,
obtain more confidence on the part of the coun- (Mr. CHAMBERS,) will, I think, perceive at once
ties than now existed in relation to the matter of the difference between the two propositions. The
slavery. He believed that there was no desire one which my colleague, (Mr. SPRIGG,) submiton the part of his constituents to interfere with ted was a mere resolution of enquiry. The resothe relation of master arid slave as it now existed; iution of the gentleman from Baltimore city, (Mr.
and they would be prepared to sustain a Consti- PRESSTMAN,) I understand to be a resolution ditution embodying such a provision. Hle thought rectly instructing the Committee on the Legislait was important that, in the early stages of the tive department of the government to report such
proceedings of the Convention on the subject of a provision.
representation, gentlemen should understand that,  Mr. SPRIGG. Personally, I have not the slightwhatever its basis might hereafter be, the rights est objection that the  louse should refer this
of property asregarded the relation of master proposition.
and slave would be secure. He intended to press  Mr. DASHIELL. It seems to me that this resothe resolution with a view to obtain the speedy lution comes from  rather a suspicious source;
action of the Convention upon it, and he believed slavery not being much in favor in the city of
there was a large majority here ready to sustain Baltimore. It comes from a part of the;'Stat^ of
it.                                         Maryland, which is called Western Maryland,
Mr. SPRIGG said, that on Wednesday, the 4th where, I repeat, no great interest in slavery is
of December, he had offered the following order, felt. It seems from the remarks of the gentlewhich had been referred to the committee on the man from Baltimore city, that he designs to gain
Legislative department:                     votes and influence upon other questions, in
15




114
which that portion of the State is deeply inter-     BOARD OF PUBLIC WORKS.
ested. I do not object to the resolution, butto  Mr. MERICK  submitted the following orthe motive with which the gentleman seems to der:
have ofeired it.                             "Ordered, That committee No. 14, be instructMr. PRESSTMAN, interposing. I do not under- ed to inquire into the expediency of providin
stand the gentleman as imputing any improper the Constitution for a Board of ublic Works, to
motive to me       i?         mti      ly   consist of a President and two members. to be
Mr. DASHIELL. NoTo improper ~motive-only- chosen every third year, one member by the sep(Laughter.)                                 arate vote of each branch of the Legislature, and
Mr. PRESSTMAN, interposing. T am surprised  the President by joint ballot of both Houses, the
that gentlemen representing a section of the person thus elected President of said Board to
State particularly interested in this question of receive always the vote of the State of Maryland
slavery should objectto a gentleman, even though for thei office of President of the Chesapeake and
hle might come from a suspicious quarter, advo- Ohio Canal Company, and the Legislature to procating his own views. It is precisely because, vide suitable and adequate salaries for the perI believe that the views of the people of the city sons composing said board."
of Baltimore are misrepresented, that I am pre-  Mr. THoMAs suggested to the mover of the repared to give this guarantee, and to give it in solution, (Mr., MERRCK,) to avoid contrariety of
good faith.                                 opinion by omitting the latter part of it.
Mr. BRENT, of Ba.ltimore city. I'hope that.Mr. MeIritcK replied, that the resolution was
the Convention will adopt this resolution, and simply oneofenquiry. It idnotin anydegree
that it willbe followed up by resolutions to tihecorlliit tie Convention. The specifications in
same effect, imposing restrictions upon the Leg-theorder were nothing more than an indication of
islature in respect to debts for works of internalhe individual prefellce of the member oferimprovement.'ig it,
Mr. JOHNSON. I am not disposed to give any  Mr. TIOMNIAS said, le should then indicate his
opinion upon this resolution at the present time; pleerelce by moving to strike out the latter part
but I object to this mode of proceeding. The o the older
subject, I understand, is already before one of  Mr. MERRICK said, the motion would lead to
the committees of this body. Is it not, sir? (todiscussio, and that was precisely what he wished
the PRESIDENT.)                             to avoid
The PRESIDENT. It is.                       Mr. THOMAS said it was his desire also, by the
motion lie had made,, to avoid the necessity  of
Mr. JOHNsoN, continuing. I cannot see why           ad  adeo avoid the nce
discussion.
that committee should not make a report, and.   CAN sa     e n   std tat this   as
bring the subject up in due form for deliberate,  l  resolution of enquiry. Accordin,
and proper consideration. Whether one portion
and proper consideration. Whether one portion  therefore, to all courtesy and the practice of the
of the State ownes more or less' slaves than an- body, it would, under any cicumstances, be only
other, is a question which i-do not intend to disotSher, is a question which Ida rot intend to rdis  proper thlat the order should go to the committee.
cuss thelre. Ian,  mayself a slaveholler; awhd 1  But lhe had risen for the purpose of saying that
should be th e last man in thli State, who would 
eshould be the last man in the  1tat e, who woiuld an order had heretofore been adopted, not exactly
wish to see that question discussed int this Hl  to the sae effect or in the same terms, but on
or out of it, unless some good end is to be attain- e sae suject, nd having i view te oganied. Let then, the regular course of proceedings  ation of a body similar to that which the genbe adopted, as more in consonance with the usa-    (Mr. MERrc,) proposed.     he Comges of a body of this character. I should be glad reittee had had a meeting, and, in the absence of
if the gentleman from  Baltimore city, (Mr'. its Chairman, he, (Mr. MeL.) believed lie might'PRESSTMIsAN,) would withdraw his resolution. If  e permitted to state, that they had come to a
he does not, I shall niove thiat it be laid upon thedecisioi, ard had directed a report to be submitdecision, and had directed a report to be submit-':~~~~~table.                   ted to the Convention. Ile did not make this
Mr. PRESSTMAN. As I cannot see the propric- stateent with a view to preclude the order. It
ty of postponing this matter, I must, with all res- was not exactly in accordance with the views of
pect to the gentleman' who made the suggestion, the comrittee, as le understood the matter.
decline to withdraw my resolutionr.         The gentleman frorm  rederick, (Mr. TIoMAS,)
Mr. JOHNSON. Does the gentleman object, so would see, however, that the adoption of the
to change the form of lis proposition, as to make order would neither commit the House nor emit one of enquiry?                         barrass the committee.
Mr. PRESSTMANr. Yes, I do object.          Mr. DAvis asked that the order might be again
Mr. JOHNSON. I shall not make the motion read.
to lay on the table, but shall decline to vote on l'rie resolution was read and adopted.
the resolution.                                              INDEXES.
Mr. PRESSTMAN. Very well, sir. I object to  Mr. TUCK submitted the following resolution 
making the resolution a mere proposition of en-  "Resolved, That the committee on Printing be
quiry, because it would not at all answer the authorised to have a suitable index made to the
purpose which I have in view.               Journal of proceedings, and also to the debates of
The question was then taken and the resolu- the Convention.
tion was adopted.                             Mr. McHENRY enquired as to the cost?




115
Mr. TUCK said he had no information on the every thing like throwing a veil over it-though
subject. He only knew from experience that, he imputed no such motive to any gentleman. He
without indexes, it was a matter of great diffi- referred to the fact that gentlemen had taken the
culty to find any thing that might be wanted stump, and that the public mind had become excieither in the journal or the laws. The same dif- ted on this question of representation, simply acficulty would be found to exist in regard to the cording to numerical force, and submitted that it
tdebates. He had offered the resolution, because ought to be settled. What the gentleman from
he understood that the committee on Printing Baltimore city, (Mr. PRESSTMAN,) had said about
did not think that they had the power, under the slave question, he, (Mr. C.) applied to this.
previous orders, to carry out the design of the Let it be fixed now, and fixed forever, beyond
resolution.                               the hope of resurrection. The battle was to be
Mr. PHELPS, replying to the enquiry of Mr. fought. We were told by gentlemen, who were
McHENRY, said that one hundred dollars was known never to back out from their position,
about the sum   paid for indexing the laws. that the ground would not be yielded without a
From this standard, the gentleman could form severe and a stern struggle. The sooner, theresome idea of the cost of the work.        fore, that the cloud passed over, (to use the lanSome desultory remarks and explanations guage of his friend from Carroll, (Mr. BRlowN,)
were made by Messrs. WEBER, BIUCHANAN, who said many good things,) the sooner we shall
SPENCER and RANDALL, in favor of the resolu- see the sunshine. And he, (Mr. C.) hoped that
tion, and by Mr. McHENRY in opposition to it.  every proposition would be voted down until the
Mr. TiHAWLEY moved an amendment, which Convention came to a direct question on the
was decided, by the President, to be out of order, adoption of the resolutions.
(and which will be found in the proceedings of  Mr. THOMAS said, that he had yesterday signito-morrow.)                               fled his preference for the mode of disposing of
Pending the question on the resolution of Mr. this question. Reflection had but confirmed his
TUCK,                                     opinion.  There were peculiarities connected
The PRESIDENT announced that the hour had with this question, which belonged to no other
arrived for taking up the Order of the Day.  on which it would become the duty of the ConMr. SPENCER moved to postpone its considera- vention to act; because, in the apportionment of
tion, until the pending question should have been representatives, would come the struggle for the
disposed of.                              distribution of political power. In his judgment,
The question having been taken, the Conven- the Convention would be in a better frame of
tion refused to postpone.                 mind for calm and mature action on all other
BASIS OF BEPRESENTATION.         questions, if this struggle were postponed until
other matters had been disposed of. In this
The Convention, thereupon, resumed the con- judgment perhaps he mieht err. But, independsideration of the following resolutions, submitted ent of these general considerations, there were
by Mr. MERrnicK, on the 11th of January, from reasons which he signified the other day, and
the committee on Representation:          which he need not now repeat, why the Conven1. Resolved, That it is inexpedient to regard fede- tion should recommit this resolution. He still
ral numbers in fixing the estimates and basis of pronounced it an abstraction. It was aside from
representation, in the House of Delegates.  the main question, and whatever might be the
2. Resolved, That it is inexpedient to adopt a decision of the Convention, no result would be
principle of representation based exclusively upon produced. It did not require the Convention to
popular numbers, in organizing the House of declare any thing affirmatively; it only declared
Delegates, or the Senate.                 what the Convention would not do. It laid down
The pending question was upon the motion no rule; it prescribed no plan; and the Convenmade yesterday by Mr. GWINN, (as a substitute tion might go on, week after week, and month
for the motion of Mr. SPENCEp.,) to recommit the after month, and yet not obtain a single tangible
resolutions, with certain instructions.   proposition on which it could act. He earnestly
Mr. GWINN now withdrew his instructions, hoped it would be recommitted, and that t e
and said he desired that the question might be committee would be permitted to take charge of
taken on the simple motion to recommit, and he the subject. If they could not agree, let them
hoped that that motion would prevail.     come into the Convention, say so, and be disSo the question was on the motion of Mr. charged; and then, he hoped, that some gentleSPENCER, to recommit the report to the commit- man would in his place here submit a projet.
tee on Representation.                      Mr. TucKi said, he could not perceive how any
Mr. CHAMBERS. of Kent, asked the yea. and thing was to be gained by sending the resolutions
nays on that motion, which were ordered.  back to the committee, unless the Convention
Some conversation followed between  Mr. should first express some opinion oa the subject.
PRESSTMAN and the PRESIDENT, on a question of They had been told yesterday that the commitorder, after which                       tee could not agree on any plan. Suppose then
Mr. CHAMBER, of Kent, said he merely desired the resolutions were recommitted. To what
that the Convention should adopt such a course end? What was the committee to do? They had
of proceedings, as would afford every gentleman declared that they could not agree-they had all
an opportunity of expressing a distinct opinion said so. In his opinion the Convention should
upon the highly important question of represen- either refuse to recommit, or should recommit
tation. He wanted to avoid all side-blows-  with some positive instructions.




116
My desire is (concluded Mr. T.) to vote on passion or ill-will to which younger men might
something tangible. I hold in my hand a propo- be apt to yield. So far from thinking that this
sition which embodies the true republican doc- question should be postponed, because of its imtrine; and which I now offer.              portance, and because it occupied a larger share
Mr. T. read as follows:                  of public consideration, and of the consideration
"With instructions to report a plan of repr- of the Convention than any other, he thought it
sentation in the House of Delegates on such should for that very reason be the sooner disposbasis of compromise as will in their judgment edof.
protect the interests of the difirent sections of  He contested the idea that the resolutions rethe State."                                 ported from the Committee. were mere abstracMr. T. then referred to the resolutions, and  ios. What was the ist question to be decidsaid that theConention  oposeto se      se e         the Convention proposed  to consider thesee
resolutions back without either an affirmative or siuject of representation?  Was it not hether
a ne(ative answerI. His opillion was that in or- there should be representation strictly according;
der to protect all the interests ofr to poulation, or whether there should be a
Government, compromises- on the part of the modification of that principle?  That was the
various interests involved mPist be made. And  irst operation of the mind in approaching the
this he supposed to be the conclusion to which  question-on  which no mind could resist  And
the Convention must come at last.          it was emphatically and pre-eminently a practiMr. SPRNC]ER said, he would accept the amend- cal question. Had not the Convention to determent of the gentleman from Prince George's, mine whether it would concede the principle of
(Mr. Tucr,) if he (Mr. S.) was at liberty to do representation  according  to population, or
soe^hu.'h                              whether it would settle down upon something
r. BnRWN thoght, he said, that the prop else-some modification  of that principle?
sition of the gentlema nfrom Prince George's did When that principle had once been settled, there
not remove the difficulty. It was probable there would be no touble. The rest was a matter of
would be as many differences if opinion under calculation and figures  Once settle the princithat amendment, as there had already been in ple, and the Convention would have a praciical
committee.                                  decision which would lead to a certain result.
After saying a few Mwords in reply to I~r.l  Suppose the Convention decided this resolution
CHAMBERS, of Kent, an 4 applying to that gentle- negatively. Would they not even then have ad —
man's course on thlis question one of David Crock- vanced very considerably towards an adjustment
ett's anecdotese about a coon-fight, Mr.  B e- of the question?  And was it not much more
ipessed the belief that the resolution ought to be likely that it would be adjusted at an early day
recommitted; and he was sure that if the com- upon some proper, rational and salutary princimittee could not agree on a plan without the in- po of compromise?  He earnestly hoped that
structionsofthegetemafrom Princeeog  the Convention would not blink this question,
tlhey could not agree with them,'but would come boldly up to it by a direct and
solemn vote.
Mr. TcK. I withdraw my amendment.         soln 
Mr.Cn,        r e briey ad n     Some conversation followed on a point of
oMr. CHuAtBERS, of ent, replied briefly and in order, between Mr. GWIlNN and the PRESIDENT,
good humor to the coon story, and, after refer- after whichring to the proceedings which had taken place in  Mr.  N         hs 
the committee upon them, said that every member of the committee agreed that it it'was neces-  Mr. G. asked the House to say, whether, if
sary that the Convention should pass upon the they should proceed to take a vote on the resoquestion involved in the resolution. Hle believed lution now pending, they would have settled ally
that, if the House would decide that queslion, a principle. He had, in committee, voted that it
report could be made in twenty-four hours af- was inexpedientto regard federal numbers in fixterwards, if the committee could be got together. ing tihe basis of representation. With his expeMr. MERRICK could not discover, he said, any rienfe of the state of   things in this Convention,
reasonable ground for the apprehension which he c onsidered that in giving that vote he was in
some gentlemen had expressed that bitter and fact voting for a compromise.
accrimbnious feelings would grow out ofthe dis-  But so far ashe was concerned, if this resolucussion on this question. Tle gentleman from  tionshould be set aside by the Convention, he
Frederick, (Mr. THOntAs,) had said that the ques- shoul,;l vote for any proposition to place it upon
tion of the distribution of political power was the bt isis of federal numbers. There was no neconnected with this subject, and that other ques- cessit y, as the gentleman from Frederick, (Mr.
tions should be disposed of first, because of the THJoi AS,) had said, for taking the question as it
danger (as he, Mr. M,understood the gentleman,) now s tood, because the Convention would settle
that astrangement and alienation would grow out nothin tg by the motion. He, (Mr G.,) was wilof the discussion. He, (Mr. M.,) hoped thattheirling th tat the matter should be recommitted, and
was no member of this Convention who did not that th ie committee shouldbe discharged, because
feel the utmost good will towards every other he was; confident that it would never come to any
member of it; and that it would be found that conclu ision.
they could, as statesmen and philosophers (many  Mr. BLAKISTONE said, he had voted yesterday
of them with locks whitened with age,) act upon  in fav or of the motion to postpone the considerathis question without being transported with that tion ol; tJis subject and was anxious that it




117
should be postponed; but the Convention had de- in good earnest to do so. Looking to the way in
cided otherwise. iHe was, therefore, desirous which the Convention was now going on,the peothat the sense of the body should he taken upon pie would never get a Constitution on the face
the resolutions reported by the committee.  of the earth. He spoke of his own constituents
Several gentlemen had declared that they were as among the purest in the world; and thought,
in favor of representation according to popula- that one of the strongest evidences of the fact
tion. He desired that the people of the Slate wras to be found in the steadfastness with which
should understand how they were voting here. they had always voted for him. (Laughter.)
The gentleman from Carroll had said the other  lie desired to say one word to the gentleman
day, that he was anxious that gentlemen should from Baltimore city, (Mr. GwiNN.) That genshow their hands. TJhe time, he, (Mr. BL.AK1S- tlernan had stated that the Committee could not
TONE,) thought had come. He was for no dodg- make a report without instructions, and yet he
iug. He would tell gentlemen that they should turned around and declared his.willingness to
not dodge. The proposition mnight be voted down, vote to recommit without instructions, when it
but it should come up in its plain and naked was conceded by him that no report could be
shape, and a vote should be taken upon it. He obtained. Did gentlemen expect to have a
took it for granted that no gentleman here, was Constitution, when the sure result of attempting
afraid. or ashamed to give his opinion upon the to arry out their own extreme views, wouldbe
proposition itself. He, for one, was ready to ex- to defeat the formation of any Constitution?
press his. - lie wanrted to recolrd his name, and He (Mr. B.) did not expect to gain any greatdehe desired to see other gentlemen record theirs.  ree of credit among the ultra reform members
of this Convention, tby any vote which he should
It had been intimated by the gentleman from                 y any ote which he should
Carroll, that there were some  enlers of this give. He came here with a fixed determinaCarroll that there were some members of this
body who were not ready to tet the mark." tion to make the best Constitution he could, for
t be sn  h e were. Let every gel- the whole people of the State. And if he ever
Let it be seen who they were. Let eery gentle-             worsuch was his fixe purman march up to the vote with a fixed and stea-  po Ie h   ould make such  a Constitution
dy purpose, to let the people of the State of Ma- pose now. Ifhe could make such a Constitution
ryland know who they were, from  whence    b they before tile sun;went down this evening, he would
ryland know who they  ere                              time from  wk had come, an   he
came,   o who   ould go for this abstract proposition  The time for wok had come, and he
5                ca      lled upon every member of the Convention to
of representation according to population. He     pon every member of the Convention to
did not anticipate -thatany such senes ofexcite- step boldly forward and avow his opinion.
did not anticipate that any uch scenes ofexcite-  Much had been said in the course of the recent
ment as some gentlemen predicted would take diussions, about corruption in     Marylnd.
place here, or that any member of the body, in             atenity   Ti     o     o
Where was its p eternity? This reform movethe expression and enforcement of the opinions             was its ter-cor    ti
e entertained would go beyond the limits  ment in Maryland was its father-corruption was
he entertained, would go beyond the limits of                 sacrilegious hand ad been
of its design. Before a sacrilegious hand had been
propriety. He alluded to this doctrine of repre-  aid   Cstiion     hih        e
sentition according to population, as a political  upon the  Constitution which our forefathers
hobbywhichhadbeenidentodeathandwh  made, there was no corruption to be found in
hobby which had been ridden to death, and whose any part of the State of Maryland. And where
death-warrant e: desired to see.  ntlemen  ny part of the State of Maryland. And where
did it now come from? From the office-seekers
might ride it at home if they pleased, but it should  i satellites. This was the origin of all
ounted here, or if it was, te, for one  and their satellites. This was the origin of all
not be mounted here, or if it was, he, for one, the corruption.
was resolved to see how the gentleman rode, ad          ding all that had been said of t
pNotwithstanding all that had been said of the
upon what sort of pony he  mounted. fraud and corruption existing in the State of
The people did not know all the reform opin- Maryland-of which there might be a good deal
ions advocated in this body. He alluded to the -he believed there was not a more honorable
various grades of reformers, and the kind of re- or chivalrous people on the face of the earth, or
form which they sustained; but declared that he a people generally more free from corruptions.
had never, in his experience, heard a man in the He passed a high eulogy upon them.
State of Maryland, high or low, broadly advocate  In conclusion, he appealed to the members of
before the people, the principle of representation the Convention, whigs and democrats-for he rer
according to population. It had not even been cognized here no party but Marylanders-to
argued here when the reform bill was up, and if come up and vote upon this question. Let there
it had been, the very statement of the argument be no higgling-chaffing-or dodging-but let
would have strangled the offspring in its birth. every man vote boldly, aye or no. The people
Let the question be met. Ile would meet it would then have some guarantee, that the Conboldly-even if alone; and if he fell, the greater vention intended rapidly and successfully to do
glory would be his, that he had fallen, not by the the work for which it had assembled.
hands of pigmies, but of giants.             Mr. DA.vI corrected his friend from St Mary's,
He amused the Convention for some time by (Mr. Blackistone,) who had statedthat no person
allusions to the strange combinations of the po- could be found in or out of the Legislature% who
litical elements which were manifested in the had come out, and taken the broad ground in
Convention; and described the animals, (hobbies) favor of population as a basis of representation.
upon which some gentlemen were riding and the He pointed out his friend from Carroll, (Mr.
particular order in which they' mounted. He BROWN,) as having done so, and asked his friend
then proceeded to remark, that if gentlemen had from Frederick, (Mr. BISEr,) if he also had not
come here with a serious intention of making a advocated the principle before the Legislature.
Constitution, it was time they should go to work  Mr. BLAKISTONE replied that he stood correct



lis
ed if he had been wrong, if his friend from  out benefit had submitted to the burden of taxaFrederick had advocated that basis.         tion. To show that the reform  question had
Mr. BISER said he had avocated it at home been agitated in the city of Baltimore atthe time
and abroad, but was compelled to yield to a niod- he had staled, he referred to apreamb!e and reification.                                  solutions adopted by the City Councils, in which
Mr. PHELPS enquired if the gentleman from  the licence law, the auction duties, and the stamp
Frederick had supported that basis for the city of tax were denounced as oppressive, and the idea
Baltimore, as well as the counties?        was thrown out that Baltimore was likely to be
Mr. BISER answered, that he had advocated crushed beneath the weight of these burdens. It
it for the whole State, Baltimore included.  was alleged that if she had been properly repreMr. DAVIS resumed, expressing a wish to do sented in the Legislature these odious laws would
full justice to his friend from Frederick. Tie not have passed. If the basis on, population
felt, as Montgomery was the daughter of Frede- should be adopted by the Convention, Baltimore
rick, a strong desire at all times to carry out his would be able to accomplish all she proposesfeeling of respect and veneration for his mater- repeal as well as reform.
nal ancestor. He had come to her aid in this con-  It had been already hinted that the Maryland
vention, in endeavoring to obtain a reform of the canal, which Col. Abbot has ascertained by inconstitution; nor did he intend to restrict him- strumental surveys will cost $11,000,000, will
self to the two questions, as stated by the gentle- have its termination there, and although you may
man for Baltimore-the basis of representation cut up Baltimore into districts, as many as you
and an elective judiciary. He wished to extend please, as has been proposed by ihe distinguished
reform beyond these two important principles gentleman from Frederick; (Mr. THOMAS,) whenand to put additional guards round the treasury; ever any scheme of commercial enterprise is
and also to put guards and restraints round the started, you will find party differences obliteracommissioner of loans as had been proposed. ted, and her representation united as one man.
All these substantial reforms he advocated. He Every effort would be made to secure and adhad taken his course from the example of Fred- vance the interest of Baltimore, whatever sacrierick, and he would go to her again when he flee it might, as Mr. Whittlesey has shown itl as
wanted further promptings. He referred to a been, to the rest of the Slate.
speech made by his friend from Frederick, when  Mr. SPENCER moved the previous question, but
in the Legislature several years ago, in which withdrew it at the request of
that gentleman had stated that the effect of the  Mr. BIsER, who said a few words to extricate
establishment of the popular basis, would be to himself from a false position in which he comlegislate the small counties out of existence. plained that the gentleman from Montgomery
Now, Montgomery, St Mary's and Talbot would had placed him. The gentleman had asked him
scarcely suffer themselves to be legislated out of:if he approved the principle of representation on
existence. The gentleman from St Mary's had the basis of population; and when he had annot gone far enough back when he fixed the ori- swered in the affirmative, the gentleman from
gin of the reform excitement. In Baltimore, in Montgomery had quoted from a speech of his
1845, the license law of 1831,was denounced as (Mr. B's.) in 1845, to prove that he had been
unjust and oppressive, as well as the appropria- guilty of inconsistency. He explained bystating
tion of the auction duties by the Legislature, and that the quotation was not a fair exposition of
the passage of the stamp tax. It was in conse- his views, as they had relation only to the quesquence of the discontents growing out of these tion then before the House, which led him to
measures that the banner of repeal and reform  show what would be the effect of a mixed basis
was unfurled together, repeal being coupled with on different counties. H-e did not abandon the
reform. The city of Baltimore complained that ground ofrepresentation on population, norwould
she contributed beyond her share to the public he abandon it now. Nor did he give it up in
treasury, and determined to remove the weight 1849, but that he thought half a loaf better than
from her own shoulders, and as a necessary con- no bread.  He concluded with renewing the
sequence it must fall upon the counties. To motion for the previous question.
show that a disinterested gentleman, a citizen of  Mr. DAVIS interposed, and said that he stated
another State, and an officer high in civil station that the gentleman's calculations had brought
under the United States, had been led to a differ- him to see that the small counties wou/d be legisent conclusion, he read an extract from an ad- lated out of existence-and fearing tlie effect of
dress delivered by Mr. E. WHITTLESEY, in Mont- that result, he added, "I am not to be understood
gomery county, in which he states that the State as advocating representation according to popuof Maryland had submitted to many voluntary lation, 1 am willing to leave that question to a
sacrifices for the benefit of Baltimore and the Convention."
western country.                              The call for the previous question was seconded.
Mr. HAxtBINI called the gentleman to order, ed
Mhr. HARs     called as the gentleman tt i p,  And the main question was ordered to be now
which caused a slight interruption,        taken.
Mr. DAvtI resumed, stating that his object  Mr. Doi SET inquired what the main question
was to show that Baltimore' was not exclusively i was.
entitled to a reputation for patriotism as had been  The PRESIDENT explained that, under the
claimed for her on this floor. The counties were amendment to the rules, it would be on the moentitled to a share in this reputationltor they with- tion to recommit.




119
The yeas'and nays (which had heretofore been committed with this instruction to report a fair
ordered) were taken and resulted as follows:  compromise, what in the Committee might be
ffpirmative-Messrs. Buchanan, Bell, Welch, regarded as fair, might notbe so considered in the
Chandler, Lloyd, Dickinson, Colston, Miller, House. The Committee certainly would lot reMcLane, Spencer, Wright, Thomas, Shriver, port the popular basis-that point would have
Johnson, Gaither, Biser, Annan, Sappington, been settled.
Stephenson, McHenry, Magraw, Nelson, Hard-    It had been said that this Convention is doing
castle. Gwinn, Brent of Baltimore city, Presst- nothing, idling away its time, and spending the
man, Ware, Brewer, Weber, Hollyday, Slicer, people's money. This was not.o, and he repuFitzpatrick, Parke, Shower, and Brown-35.   diated the charge as unworthy of a moment's conNegative —Messrs. Chapman, President4 Mor- sideration. The Convention has been, and isbugan, Blakistone, Dent, Hopewell, Ricaud, sily employed in its laborious and difficult work,
Chambers of Kent, Donaldson, Dorsey, Wells, and now that these resolutions are before us why
Randall, Sellman, Daliry)ple, Bond, Sollers, should we plocrastinate? Why should we delay
Brent of Charles, Merrick, Jeifer, John Dennis, when there is work before the Convention, as the
James U. Dennis, Crisfield, Dashiell, Williams, gentleman from Frederick has given notice that
Hicks, Hodson, Phelps, Bowie, Tuck, Sprigg, lhewillnot abandon hisposition withoutastern and
Bowling, McMaster, Fooks, Jacobs, Thawlcy, steady fight. Discussion must take place now or
Schley, Fiery, Jonll Newcomer, Harbine, Davis, hereafter. Ile thought it better that it should begin
Waters, and Smith-41.                       now, and that the Comnittee should be instructSo the motion to reconsider was rejected.  ed by a vote of tle House. He wished that there
Mr. SPENCER then moved to recommit the re- should be ample discussion, and he would not
port to the committee orn representation, with in- stop it by calling for the previous question. He
structiors to "report a basis of representation in would not shut out a single gentleman, who desome fair priinciple of' cormpromnise."     sired to participate in debate, although the genMr. SrPENCER;l said, he would,lmake no speech, tieman from Baltimore, (Mr. BRENT,) had ridiunless any gentleman should attack his motion. culed the idea of the whole hundred and tlree
In that cas3, lie should feel himself called oni to members of thie Convention being permitted to
defend it. He had submitted it, because it ap- take part in the debate. Whilst he would restrict
peared to him to be proper, and also, because he debate within proper limits, he would not deny
believed it would have had the endorsement of a to ally member the exercise of his right to prolarge majority of the Conlvention.          claim and enforce his views.
Mr. SCIHLEY was of opinion that this proposi-  Mr. BRENT, of Baltimore city, said that he
tion would not at all iacilitate the action of dhe WS for a postponement of the subject of repreCommittee, because it had been represented that sentation, as he had always been, and he still
the Commoittee cannot agree upon any report, un- thought that all the conlstitutional safeguards
til the House shall come to a vote on the resolu- which were just ad proper, should be adjusted
tions. Hle did not look on these resolutions as before we act upon this, the greatest of all quesmere abstractionis. Thsey are intended to evoke tions.
an expression of the opinion of the Collvention.
For instance, if the second resolution be passed,  But he protested agailnst the course of the antiit will be the deliberately expressed opinion of refo lmers, who have availed theiselves of this
the HIouse, that the popular basis will not be occasion to lay down their platforms in advance
adopted. The gentlemantl from Queen Anne's of tile main question; still he hoped the speeches
now proposes an instruction to tile Committee to already madc by anti-reformers, might be sufreport the plan of a compromise, but it omnits to fered to go before the public for what they were
specify what kinid of comnproise  Now       worth, o anr, ald that the reformers in this body would
(Mr. S.,) was ready, at once, to vote on tile s- fobear until the question came up at a proper
cond resolution which had been reported.  ie tille ol its mrits.
was prepared when he camni to the Collvelntion;   He was itot willing to discuss the question now
the subject had been well discussed among thle although he disclaimed any disposition to gag
people, and he had beenl instructed by the county other gentlemene. In reply to the remarks of the
of Washington. That countty he described as gentlemian from Washington Co., (Mr. SCHLEY,)
opposed to representation according to popula- he, (Mr BRENT',) would reiterate what he had
tion, and that le would prefer the Coinstitution said before, denying that we were to discuss every
as it is, to the adoption of that basis. lHe was question until every member had spoken. He
not so well prepared to vote on the other resoiu- insisted that no true reformer should desire to
tion; on that he desired tlhe light of a further hear one hundred and three memibers on every
discussion. But lie could not see the propriety question that might he started, because, at that
of sending the resolutions back to the Commlittee, rate, it would take several years to finish our lawhen the Coimmittee say that they cannot agree. bors, and such procrastination would effectually
What did the gentleman from Queen Anne's kill the preset reform movement.
mean by a fair compromise? Would the adop-    Members must take their chances in securing
tion of the popular basis in the counties, and re- the floor, and after a reasonable debate has been
stricting the city of Baltimore, to the representa- allowed, it should be stopped by the previous
tion of the largest county, for which lie, (Mr. S.,) question. Look at the long and protracted dewould be willing to vote, be regarded as such by bate which has happened on the elective fralnthat gentleman? If the resolutions should be re- chise. He meant no disrespect, but for more




120
than a week we had heard very little but a repe- declaring it inexpedient to adopt the popular
tition of what had already been said. If this basis. If the Convention should pass these two
evil was not arrested, he, for one, was prepared resolutions, the committee will necessarily be
to throw up his commission and go home in dis- driven back on a compromise. For this reason
gust. He understood reformers to come here he thought his proposition ought to be adopted.
from Western Maryland and say, as the gentle- There was another reason for the adoption of the
man from Washington county, (Mr. SCHLEY,) amendment     On one side it was contended that
had said, that they were instructed to claim re- popular numbers should be wholly disregarded;
presentation, based on numbers, for themselves, and on the other, that they constituted the true
and to deny it to Baltimore city.           basis of representation. It was clear, from the
Mr. B. could not but regard this as a monstrous indications around us, that neither extreme
proposition, and lie, for one, would never sanction would succeed.
it by his vote. Other gentlemen might do as they  A compromise would be necessary. This
please, but he would make no compromise on question then would have to go to the committee
this subject by his votes, which should be given to be settled on a principle of compromise. He
to confer equal rights on all, and if defeated in saw no good which could rise out of the discusthat object by the votes of western reformers, he sion now. One part of the State was opposed
would vote to deny them what they denied to to the popular basis, while another part was in
Baltimore city. He wished, therefore, to be dis- favor of it. How then, in this state of things,
tinctly understood, he had no compromise in his could the question be forced on the House? The
votes on this subject, but if a compromise be member from Baltimore city, had admitted that
made by the Convention on this subject without popular numbers was his own choice, but that he
his vote, he then reserved the right to look at the would be willing to yield his preference, in a
new Constitution when completed as a whole, and spirit of compromise. He was gratified that the
to vote for or against it as his judgment then gentlelman from Baltimore took that ground. He
dictated; so that while making no compromise stated, that by the adoption of his amendment,
himself, he might or might not vote for a new  the Convention would, by their vote, say that the
Constitution containing some adjustment of this question ought to be compromised. He had no
question, along with other great and salutary re- fear of any excitement.  He saw round him
forms, but certainly the rejection of the popular familiar faces, and he could not be apprehensive
basis would be a great objection to the new Con- of aniy danger. But if any gentlemen feel any
stitution, however liberal the compromise might apprehension of this kind, lie would ask them to
be.                                         vote for his amendment, and thus give evidence
The gentleman from St. Mary's, (Mr. BLAKIS- that they were desirous to have a compromise.
TONE,) had desired the privilege at once to re- He was willing to go fora liberalcompromise, as
cord his vote on representation, and Mr. B. was regards the city of Baltimore.
as ready to register his vote as that gentlemtan,  FMr. JENIFr  was in favor of immediate action
but he thought that gentleman came here to com- on tle subject  He had, at one time, been dispare opposing views as well as to record votes.  posed to postpone the subject, and had voted for
Mr. BLACKISTONE explained that he came here, postponement. But times had changed since
to aid in makingi a Constitution. lHe wished to that vote  as given; reports had been made; the
record his vote on that question and so did oth- subject had been fully considered, and all were
ers, and he complained that Mr. BRENT did not now ready to vote. For what purpose should the
state all that he had said.                 subject be sent back to the committee, when it
Mr. BRENT replied, that to state all that the fen- has been told the House that the committee cantleman from St. Mary's, (Mr. BLAIISTONE,) had not agree. It would be the better course to vote
said, would take an hour or more. He, (Mr. B,) at once on the question, and determine whether
thought they had higher duties to perform here the Convention will take population as the basis
than merely voting.  le desired an interchange of representation, and, that question decided, the
of views, that if they failed to establish right and House will have advanced a step. Without acjustice here, the seed sown in this hall should tion of this kind, on the part of the House, the
germinate broad-cast through the State.  In committee cannot be brought to an agreement;
conclusion, he hoped that as the subject of the but let either, or both of these resolutions pass,
elective franchise was tixed for M    1onday, we and there will be a ground established on which
should postpone the matter of representation un- the committee can act.
til after we had completed that subject.' Let us,  Mlr. PnESSTaAN, of Baltimore city, said, he rose
not begin this important discussion for two or to offer an amendment, in order to hinder the
three days and then leave it incomplete to retrace call of the previous question, on the resolution
our steps to other unfinished business. Let us from the Committee, which he anticipated was
when we begin it, devote all our time and efforts about being made by/the gentleman from Kent,
to its demands.                             (Mr. RiCAUD,) and at the same time, in a few
Mr. SPENCER briefly defend his proposition remarks, to indicate a spirit of compromise upon
against the attacks which had been made upon this vexed question of representation.
it. The committee had asked of the Convention  He read the following amendment:
to adopt their first resolution, declaring it inex-  "That the committee on Representation and
pedient to establish federal numbers as a basis of Apportionment be requested to report a plan of
representation; and also their second resolution apportionment and representation, making num



1.21
bers the basis of representation to the House of of American citizens; Let all true reformers
Delegates, and of mixed basis of population and unite and fashion a Constitution, which, like the
territory as for representation in the Senate."  great federal compact of the Union, shall contain compromises to protect the, weak, and do
He would be willing to meet all true reformers ustice to the great majority principle which
at a point short of representation according to should lie at the foundation, as a corner stone, of
numbers and was willing still further to modify all repesentative  government. He desired to
his proposition should any suggestion be madea reresettie           en    e   esre
by any one in whose attachment to the cause of say a few  words to his friendsfrom Somerset,
reform he had confidence. Before proceeding to (Mr. DASHILL,) and St. - Mary's (Mr. BLAKIS
reform he had confidence. Before edig to  TONE,) who appear to regard the proposition he
a discussion of the amendment, he desired to     the hoor to   t,      tion to
had thet honor to submit, in relation to a constio
comment upon the course adopted' by the com-'tutional guarranty upon the subject of slavery, as
mittee in presenting an abstract proposition, and srto anhoe
a sort of Trojan horse.
endeavoring to force the House to a vote which
when taken, could not in the nature of the case The gentleman from St. Mary's was fond of
accomplish any practical result. He emphati- speai  of hobbies-de g6stibs aoa est disputancally denied the right of the Committee, to sub- dne  If he had jostledthe hobby (slavery) on
mit such a resolution, under the terms of the or-whic he so gracefully rides, he must beg par
don.' In seriousness, sir, that proposition was
der originally submitted by himself and amended don. In seriousness, sir that proposition was
by Othe distinguished gentlemsan from Queen but one of a series of constitutional guaranties he
by the:distinguished   gentleman from   Queen
Anne's, (Mr. GRASON,) requiring the Comnmittee designed to propose to insure greater confidence
to report by articles. He protested against the inthose who repsented minority interests,
right of the Committeeto shield any one or moreand thereby lead to an honorable adjustment
of the question of representation. oHe announcof its members from the responsibility of a report   the question of representation  He announ
until a decision should be first had upon such in- ed that he would not pertinaciously adhere to
terrogatories, as they chose to submit to the Con-the priniple o  representation according to
vention. The chief, if not sole object of the population, nd he   ed t  constituency he
formation of Committees, is to expedite the bushonortorepresent in part, would hold
ness of the Convention by proposing plans for the any one of their delegates to strict accountability,
adoptionr reecton of that body.    his was if by any extremedemands the Constitutionit
the only Committee which had taken a different self was to be defeated. There is a path of duty
course. They seem to think that the task of per-to be trod within these walls, i  which a confecting a plan was committed to them. Notso. sciousness of honest motive, and a confidence not
Their usefulness would be better exemplified byfeigned but real, in te virtue and inelligence of
bringing forward their plans that the Conventionthe peope can alone support us. That path is
might shape them to meet the views of a inajori-,not a hidden one, it is to be reached not by windty. If there were no two of them who could agree, ings, but by the avoidance of extremes. Praclet each member report separately as had beential men look anxiously to a radical reform i
done in New York and other State Conventions  all the departments of the government. It is in
He did not charge it as a motive with the Comn-no mrtrs spirit, that heavowed himself i famittee, but the resolution seemed to invite aor of a fair and liberal compromise; heexpected
spirit of partyism, an arraignment of county pre- the cordial support of his constitency, who were
judices-the smaller against the larger, and both  a chivalrous and high-tned people; who id not
against the city of Baltimore. So much, sir, as expect their delegates to accomplish impossibilito my objections to the course of the Conlmittee  ties. The gentleman from St. Mary's had again
Let us look to the resolution itself, and its merit.-and again called  pon members to show  their
Are gentlemen called upon to commit themselves handsupon the question of popular representation;
upon isolated propositions before they had sur-to use his own language, to "toe the mark."
veyed the whole ground? For hiinself, he never  Why, Mr. President, what does this all
meant to contend undbr all circumstances for the amount to? Does it require any peculiar strength
principle of representation according to numbers, of nerve for a gentleman from a small county to
as a sine qua non to be inserted in the new Con- cry out lustily against numerical representation?
stitution. He was free to confess, that when he Far from it; to do otherwise might require a. high
came to the Convention he did not expect to find degree of moral courage. Or, what merit should
the opponents of that principle, willing to yield  he claim as a representative in part, of one hunevery thing on that point.                  dred and seventy thousand souls, "to toe the
The act itself under which this Convention was mark," upon  he extremest line of popular recalled, when it fixed the basis of representation  presentation. Let us, sir, act as becomes Maryin this body, was a virtual acknowledgement landers, freed ro  sectional prejudices and hav
that the Constitution was to be a work o com-ing a single eye to the public good.
promise. If not, why place us here a minority  Mr. HICKS asked for some information from
of Delegates representing an overwhelming ma- the chair. Was it competent to offer a substijority of the people, "to be laughed to scorn," tute to the pending amendment?
when setting up such pretensions. He avowed   The chair replied in the negative, two amendhimself unwilling to support a Constitution, how- ments being now pending.
ever acceptable in other respects, unless much  Mr. HICKS then read a proposition which he
was yielded on the basis of representation. The intended to offer when he could get the opportupresent basis is in derrogation of the equal rights nity,
16




122
Mr. MERRICK expressed surprise at the reluc- would be the question if the previous question
tance of the House to come to a direct vote. He was sustained?
had not expected that any opposition would have  The PRESIDENT said that under the rule as
risen, or he would not have reported these reso- amended, the question would be simply on the
lutions. He was, astonished when some gentle- amendment of the gentleman from St. Mary's,
men say they were not prepared to vote. He (Mr. BLAKISTONE.)
felt apprehensive that there was something be-  The question was taken, and by ayes 41, noes
hind, which he was unable to comprehend. It 34, the previous question was seconded. And
was the desire of the committee that the House the main question was ordered to be now taken.
should say if they would adopt either of the basis  Mr. SPENCER asked the yeas and nays on the
in the resolutions. He believed that every gen- amendment, which were ordered.
tleman was prepared to give his vote; that the  Mr. BRENT, of Baltimore city. I move that
opinions of all were made up on the subject be- the Convention now adjourn.
fore they came to the Convention;-and all that  Mr. GWINN. I ask the yeas and nays.
the committee asked was that this opinion should  Mr. BOWIE. I rise to a point of order. Is it
be expressed by the House. He did not believe in order for any gentleman to move an adjournany gentleman on this floor was influenced by merit when the Chair is in the act of putting a
fear. It was necessary that the House should question?
agree as to the basis, and having settled this  The PRESIDENT. The Chair had put the quesgreat controling principle, the committee would tion.
be able to agree on a report. Then the subse-  Mr. BowIE. The yeas and nays have been
quent action of the House also would be render- ordered.
ed easy. It will become a mere matter of figures  The PRESIDENT. Yes, but the Secretary had
if numbers should be decided on, and if not, it not commenced calling the roll. The motion to
would be a plan of compromise. The settlement adjourn is a privileged motion, and may be made
of the question by the Convention would also at any time except when the Convention is in the
have the effect of settling public,opinion on this act of dividing or of taking a question.
subject.                                     The question then recurred on ordering the
Mr. TUCK. I call for a division on the amend- yeas and nays on the motion to adjourn.
ment. It is nothing more nor less than an affir-  The yeas and nays, the PRESIDENT said, were
mation of that which the committee have called refused.
upon us to deny.                             Mr. BRENT. There are two more up.
The-PRz'SIvENT-. It is too late.
Mr. PRESSTIAN suggested that his amendment               S. t is too late
wasnot susceptie of division. I would be  The question was then taken, and the House
wasinot susceptible of divisio,. It would be
seen that it required the population basis in the
House, and a rniixed basis in the Senate. The  The question then recurred and was taken on
two basis were embraced in one proposition, in the amendmentof Mr. BLAKISTONE, and was de
order that they might notbe separated. I-e wishe ded  the neatve as folows
to have the sense of the House on the basis of  ffirmeative.-Messrs. Buchanan, Bell, Welch,
population in the House of Representatives, and Thomas, Shriver, Johnson, Gaither, Biser, Anof territory and population in the Senate, and he nan, McHenry, Gwinn, Brent, of Baltimore city,
thought the two propositions could not be divi- Presstman, Ware, Parke, Shower and Brownded. He would withdraw his amendment.       17.
The PRESIDENT (in reply to the enquiry of Mr.  aNeateie.-Messrs Chapman, President, MorPRESSTMAN) stated that the amendment offered gan, Blakistoie, Dent, Hopewell, Ricaud, Chamby him, (Mr. P.,) was divisable.           ebers, of Kent, Donaldson, Dorsey, Wells, RanMr. PRESSTMAIN. Then 1 withdraw it.       dall, Sellman, Dalrymple, Bond, Sollers, Brent,
Mr. BLAKISTONE.  I then offer the first part of Charles, Merrick, Jenifer, Ridgely, Lloyd,
that amendment as myown proposition   lDickinson, Colston, John Dennis, James U. Denthat amendment was myown prfpos ition.    is, Crisfield, Dashiell, Williams, Hicks, HodsThe amendment was as follows:           Isoin, Phelps, Miller, McLane, Bowie, Tuck,
"That the committee on representation and Sprigg, Bowling, Spencer, Wright, McMaster,
apportionment be requested to report a plan of Hearn, Fooks, Jacobs, Sappington, Stephenson,
apportionment and representation, making num- Nelson, Thawley, Hardcastle, Schley, Fiery,
bels the basis of representation to the Iouse of John Newcomer, Harbine, Davis, Brewer, WaDelegates."                                ters, Weber, Hollyday, Slicer, Fitzpatrick,
Smith, and Cockey —60.
Mr. CHAMBERS, of Kent. I suggest to the Smith, andCockey-60.
So the amendment was rejeoted; and, theregentleman (Mr. BLAKISTONE) to modify the pro-  So the amendm t was rejte;       thereposition so far as to introduce the word "exclu- upon the Convention adjourned.
sively."
Mr. BLAKISTONE modified the amendment ac- 
cordingly, and demanded the previous question.
Mr. JOHNSON called for the reading of the           SATURDAY, January, 
amendment, which was again read.             The Convention met at eleven o'clock.
Some conversation followed on a point of   Prayer was made by the Rev. Mr. GRIFFITH.
order.                                       The roll was called, and a quorum was presMr. BROwN enquired of the PRESIDENT what ent.




123
The Secretary read the journal in part, when,, the term of four years, to supply their places; so
on motion of Mr. WRIGHT, the further reading that, after thefirst election one-half of the Sen
was dispensed with.                         ators may be chosen every second year. In case
The President announced the regular order of the number of Senators be hereafter increased,
business to be the call of the committee for re- such classification of the additional Senators shall
ports.                                      be made as to preserve as nearly as may be, an
equal number in each class.
THE LEGISLATIVE DEPARTMENT.           Sec. 5th. The General Assembly shall meet
Mr. JOHNSON (Chairman of the committee on on the first Wednesday of January eighteen hunthe Legislative Department) said, he was in- dred and fifty-two, and on the same day in every
structed by that committee to make a report.     year forever thereafter, and at no other
The committee (Mr. J. said) had given as time unless convened by the proclamation of the
much time as could well be spared to the con- Governor, who shall have power to convene the
sideration of the subject matter of this report. same whenever he may deem it expedient and
They had found some difficulty in defining the proper.
line where their appropriate duties began and  Sec. 6th. The General Assembly may continue
ended. So multifarious had been the matters their first two sessions after the adoption of this
referred to them by the Convention-some be- Constitution as long as in the opinion of the two
longing to the committee on the Legislative De- Houses, the public interest may require it, but
partment, and some to other committees-that it all subsequent regular sessions of the General
had not been an easy task to escape encroach- Assembly shall be closed on the tenth day of
ment upon the prerogative of other committees. March next ensuing the time of their commenceSo far as was possible, however, they had done ment, unless the same shall be closed at an earlier
so.                                         day by the agreement of the two Houses.
In the report now presented, the committee  Sec. 7th. No person shall be eligible as a Senhad embodied many suggestions drawn from the ator or Delegate who, at the time of his election,
references made to them by the Convention, but is not a citizen of the United States, and who
had not made a special report upon each special has not resided at least three years next precedreference. He presented it as a report in part, ing the day of his election in the State, and the
inasmuch as there were one or two subjects which last year thereof in the  which he may be
had not yet been acted upon, and upon which chosen to represent, if such     shall have
a report would be made when the action of the been so long established, and if not, then in the
committee had been matured upon them. And county from which in whole or in part, the same
each member of the committee, so far from be- may have been formed; nor shall any person be
ing considered as committed to the report, would eligible as a Senator unless he shall have also
feel himself privileged to offer any amendments attained the age of  ears, nor as a Delegate
which he might think proper at any time in the unless he shall have attained the age of twentycourse of the discussion. Many such amend- one years at the time of his election.
ments would no doubt be offered-the common    Sec. 8th. No member of Congress, or person
desire of all gentlemen being to perfect the Le- holding any Civil or Military office under the
gislative Department so far as practicable. Mr. United States, shall be eligible to a seat in the
J. then presented the following             General Assembly, and if any person shall after
his election as a member of either House of the
General Assembly, be elected to Congress or be
Section 1st. The Legislative power of this appointed to any office, Civil or Military, under
State shall be vested in two distinct branches, the government of the United States, his acceptthe one to be styled the Senate, the other the ance thereof shall vacate his seat.
House of Delegates, and both together "the Gen-  Sec. 9th. No Priest, Clergyman or Teacher of
eral Assembly of Maryland."                 any religious persuasion, society or sect, and no
Sec. 2d. The Senators shall be elected by the person holding any civil office of profit under this
qualified voters, for the term of four years, and State, except Justices of the Peace, shall be
the Delegates for the term of      from the capable of having a seat in the General Assemday of the general elections.              bly.
Sec. 3d. The first election for Senators and  See. 10. Every Senator and Delegate before
Delegates shall take place on the first Wednes- he acts as such, shall take aid subscribe the folday of October eighteen hundred and fifty-one, lowing oath or affirmation, viz: "1 do solemnly
and on the same day in every second year forever swear, (or affirm as the case may be,) that I will
thereafter the general elections for Delegates; support the Constitution of the United States,
and for one-half of the Senators as nearly as —-a-d the Constitution of the State of Maryland,
practicable, shall be held.                 and that I will faithfully discharge nly duties as
Sec. 4th. Immediately after the Senate shall Senator, (or Delegate as the case may be,) withhave convened after the first election under this out prejudice or partiality, and to the best of my
Constitution, the Senators shall be divided by lot ability."
into two classes as nearly equal in number as  Sec. 11th. The Senate, upon assembling, shall
may be, the Senators of the first class shall go choose a President and its other officers, and the
out of office at the expiration of two years, and House of Deleates when assembled shall choose
Senators shall be elected on the first Wednesday a Speaker and its other officers-each House
of October eighteen hundred and fifty-three, for shall be judge of the qualifications, elections and




124
returns of its members, but a contested election I  Sec. 3Srd. No county now established bylaw,
shall be determined in such manner as shall be shall ever be reducedby the establishment of
directed by law.                            i any new county, to a population of less than,
Sec. 12th. A majority of each House shall thousands, nor shall any new county be hereafconstitute a quorum for the transaction of busi- ter established with a population of less than
ness, but a smaller number may adjourn from  thousand.
day to day, and may compel the attendance of   Sec. 24th. No senator or delegate shall during
absent members in such manner and under such     erm for hich he shall have been elected, be
penalties as each House mayprescribe.        appointed to any civil office in this State, which
Sec. 13th. The doors of eachiHouse. and or i shall have been created, or the salary or emoluSec. 13th. The doors of each House and of
merits of which shall have been increased durcommittees of thle whole shall be open, exp  entso    hichshallhave been increased during~ such term: and no senator oredelegate during
when the business is such as oht to be kept I   sch term: and o senatoror delgateduring
swhenrthe  business is such as,ourh t to he hept thetime he shall continue to act as such, shall
be eligible to any civil office.
See. 14th. Each House shall keep a Journal of  eligible t any civil office.' Sec. P5th'. Each I House may   determine the
its proceedings and cause the same to be publish j  Se.  25th. Each Ho us   e may d etermine the
be entered on thejournal.                    no member shall be expelled a second time for
Sec. 15th. Neither House shall, witliout the
consent of the otheer, adjourn for more thann  te sae offence.
resent o th. Th enacting clse e            struting any of its proceedings, or any of its
shall be 1'Be it enactd  cy the Generval Ass-  officers, in the execution oftheir duties; providshallbe,"Betthe enacted by thoeh Generl assem-edri  ot
bly:otf Maryland,"i                 t and no laers shall be enacpll       at an one time
except'by Bill.                              exceed ten days.
exceptty vo1 of.                               Sec. 27th. The members of each House shall
Sec, 17th. Any bill may originate in either i all cses, except treason, felony or breach of
house of the General Assembly, and be altered, the peace, be privileged from arrest during their
amended or rejected by the other, but no Bill attendance at the sessions ofthe General Assemshall have the force of a lawt until it be read on bly, and in going to anpdreturning from the same,
three different days in each House, unlessin case allowing one day for every thirty miles such
of urgency three-fourths of the House, where member may reside from the place at which the
such bill is depending, shall dispense with this General Assemblyis convened.
^~~~~rule.'~ ~Sec 2t. 2th.No senatoror delegate shallbe iaSec. 18th. Noy Iill shall become a law unless ble in any civil action or criminal prosecution,
passed in each House by a majority of the whole  whatever, for words spoken in debate.
number of members elected, and on the question  Sec.29th. Th e -seof Delegates may inef its final passage the ayes aind  noes shall be re- quire onthe oath of witnesses into all complaints,
corded.                                      grievances and offences, as the grand inquest of
Sec. 19th. No money shall be drawn from the  the State, and may commit any person for any
Treasury ofthis State butin consequence of ap- crime to the public jail, there to remain until
propriations made by law,'an accurate statement discharged by due course of law-hthey  may ex
of the receipts and expenditure of publicmoney  amine and  pass  all accounts of the State
shall be attached to andi published with the aws relating either to the collection or expenditure
after each regular session of the General As- of the revenue, or appoint auditors to state and
semblye.                                     adjust the same,-they may call for all public or
f Sec. 20th. No divorce shall be granted by the  official papers and records, andsend for persons
General Assembly, nor any tax or other burden  whom they may judge necessary in the course of
be levied on the persons or propert of the peo- their enquiries concerning affais relating to the
pie, for the support of any religious sect or de- public interest, and may direct all office bonds,
nomination.                                  which shall be made payable to the'State, to be
Sec. 21st. No loans shall be mdade upon the sued for any breach of dutyi
credit of this State which are not redeemable at  Sec. 30th. In case of the death, disqualificathproprare   f aur e   State: except such as may be tion, refusal to act, expulsion or removal from
authorized by an act of Assembly, passed at one the county or district for which he shall have
session and ratified and confirmed'at the next been elected,if any person shall have been chosucceeding regular session of the General As- sen as'a Delegate or Senator, or in case of a tie
sembly.                                      a between two or more qualified persons, a war
Sec. 22nd. No extra compensation shall a be  rant of election shalln he issuedby the Governor,
granted or allowed by the General Assembly to  or person exercising the functions of Governor
any public officen, agent, servant or contractor for the time being, for the election of a Senator
after the services shall have been rendered, or orDeegate as the case may be, to supply the
the contract entered ito, nor shall the salary or vacancy, of which not less than ten day s notice,
cotnpensatiorl of any public officer be increased  exclusiveof the day of notice and day of elecor diminished during his term of office.     tion s hall be given; provided, however, that uno




125
less a meeting of the General Assembly may in-l i e was not in his seat yesterday, at the time
tervene, or the vacancy shall occur during the the gentleman from Baltimore city, (Mr. PRESSTsession of the General Assembly, the election to MAN,) offered a resolution in the following words:
fill the same shall take place on the day of the  "Resolmvd, That the Legislature shall not pass
ensuing general eleotion.                   any law to abolish the relation of master and
Sec 31st. The senators and delegates shall re- slave, as it now exists in this State, and that the
ceive such compensation for their services as Committee on the Legislative Department be inmay be allowed by law; but no law increasing structed to report an article to carry out this
or diminishing the compensation shall be made provision."
to take effect until after the general elections 
next ensuing the passage thereof. No bookor oth- I tae  orgrante  [continued Mr.. that
er printed matter not appertaining to the business my friend from Baltimore city was not aware of
the fact, that a similar resolution which I will
ofthe session, shall be subscribed for, for the usethe fa,  hat asimilar resolution which I will
of the members, or be distributed among them. rod read ws ofered y myelf some time since,
t~n~f. referred tofe lominittee  No. 14.  It is in
Sec. 32nd. No law passed by the General As-  referrd to the Co
sembly shall take effect until the expiration oftheseword
days, from the closing of the ses-  "Resolved, That Committee No. 14, consider and
sions at which it may be passed, unless it be ex-report upon the expediency of engraftiag in the
pressly declared on the face of the law, that it new Constitution, the same or a similar article
shall take effect on or after a different day; and as is contained in the present Constitution, resno law of a public nature shall take effect until the pecting the relation of master and slave." [See
same' shall be published.                   Journal, Dec. 16, page 173.]
Sec. 33rd. The General Assembly shall have  Mr. PRESSTMAN. Mine was an entirely differfull power to exclude from the privilege of vot- ent proposition
ing at elections, or of being elected to either  Mr. JENIF.FR (apparently not hearing the inHouse, or or being elected or appointed to any terruption) proceeded to say, that the Commitcivil or military office in this State, any person tee had had the subject under consideration, and
convicted of perjury, bribery, or other infamous had instructed him to make a report.
crime.                                        Mr. J. presented the following report:
Sec. 34th. The General Assembly may confer'  "The relation of master and slave in this Stale
upon                           of the several shall not be abolished, unless a bill to abolish the
countiessuch powers of local legislation and ad- same, shall be passed by a unanimous vote of the
ministration as they may prescribe, provided members of each branch of the General Assemhowever, that all laws conferring such powers bly, and shall be published at least three months
shall be general in their nature, and shall extend before a new election of Delegates, and shall be
to all the counties of the State.           confirmed by a unanimous vote of the members
Sec. 35th. Every bill passed by the General of each branch of the General Assembly, at the
Assembly, when engrossed, shall be presented by next regular constitutional session, after such
the Speaker of the House of Delegates, in the new election, nor then without full compensation
Senate chamber, to the Governor for the time to the master for the property of which he shall
being, who shall sign the saime, and thereto affix be thereby deprived."
the great seal in the presence of the members of  Mr. PRESSTMAN explained, that the subject
both Houses; every law shall be recorded in the matter had, in the first place, been referred to the
office of the court of Appeals of the Western Committee on the Legislative Department and
Shore, and in due time be printed, published and had subsequently, on the gentleman's own mocertified under the great seal to the several tion, been sentto the Committee of which the gencounty courts in the same manner as has been tleman himself was Chairman, and, besides that,
heretofore usual in this State.            the resolution which he, [Mr. PRESSTMAN,] had
Sec. 36th. No person who may hereafter be yesterday introduced, was not similar either in
a collector, receiver or holder of public moneys, principle or phraseology to the order which the
shall have a seat in either House of the General gentleman had read. His [Mr. P's.] resolution did
Assembly or be eligible to any office of profit or not propose to engraft upon the new Constitutrust under this State until he shall have ac- tion a provision similar to that which now existcounted for and paid into the Treasury all sums ed, but went a great deal further and declared
for which he may be liable.                that there'should be no alteration by the LegislaSec. 37th. All laws and parts of laws not in-tive Department in the relation of master and
consistent with this constitution, shall con- slave.
tinue in force according to their respective pro-  Some conversation passed between Mr. JENIvisions, subject nevertheless to  be altered, FER and Mr. PRESSTMAN, of which the Reporter
amended or repealed by the General Assembly.  [having been interrupted]-knows nothing.
MASTER AND SLAVE.                 On motion of Mr. JENIFER, the report was
made the order of the day tor Monday the third
Mr. JENIFER rose, he said, to make a report day of Februacy.
from Committee No. 14, (being the Committee
to consider and report such provisions proper toBOAR         FUBLIC 
be embodied in a Constitution for the State, as  Mr. JENIFER also referred to the resolution
bad not been embraced in resolutions referred to which had yesterday been adopted on motion of
other Committees.)                          Mr. MERRICK, directing Committee No. 14, to




126
enquire into the expediency of providing in the  The question then recurred on the original reConstitution for a Board of Public,Works.  solution.
He [Mr. J.] was not in his seat when the res-  A brief and desultory discussion followed, in
olution was offered. He understood that the which Messrs. TUCK, BROWN, HiCKS, WEBER,
gentleman from Cecil, [Mr. McLANE,] had stated and PRESSTMAN, took part.
that an order on the same subject had heretofore  A division of the question was called for and
been passed. He, [Mr. J.] desired now to state, ordered; first, on ordering an Index to the Jourin justice to the gentleman from Alleghany, [Mr. nal, and then of the Debates.
FITZPATRICK,] that the Committee wereprepared  The question was taken, and both branches of
to make a report. but in view of the order the resolution were adopted.
adopted yesterday, it might be proper that the  Mr. THAWLEY now renewed his proposition in
Committee should again be called together, be- the following words:
fore any report on the subject was presented.
Mr. WILLAMS offrerethefolred, That the order adopted some weeks
which was adoptedl:                        Ppast, authorizing the printing of four extra joulrnalsfor each memberof this Convention be re"That the PRESIDENT of this Convention re- scinded."
quest the Treasurer of State to furnish each of
the members of the Convention with a copy of  Mr. T. asked the yeas and nays on his resoluhis Annual Report."                        tion, which were ordered.
Mr. PARKE gave notice of certain amendments  Some further discussion followed, in which
which he intended at the proper time to offer to Messrs. PHELPS, RIDGELY, SPENCER, BROWN,
the Bill or Rights.                         BUcHANAN, RICAUD, TUCK, RANDALL and HICKS,
Mr. CHAMBERS, of Kent, offered the following tookpart;
resolution:                                   When Mr. SPENCER, in order to give an opportunity to the Chairman of the committee on
"'That the committee No. 3, inquire into the ex- printing, to make an explanation, moved that the
pediency of prohibiting the passage of any law  resolution be laid upon the table for the presimposing a tax on money or debts due and owing ent.
by persons out of the State to persons residing in  Pending the question,
this State."                                  The PRESIDENT announced that the hour had
Mr. CHrrMBERS said that, in presenting this arrived for taking up the order of the day.
resolution, he was not to be understood as    Mr. BOwIE moved to postpone the consideradoing more than obeying what he conceived tion of the order of the day, that the Convention
to be some sort of a duty in desiring to give might dispose ofthe pending resolution.
every one an opportunity to be heard, and evinc-  The question having been taken, the Convening towards his correspondent a dispositionto ex- tion decided that The order of the day should not
tend to him any courtesy which he reasonably be pstpoed.
could. He (Mr. C.) disclaimed for herself any  The PRESIDENT, by general consent, laid bepurpose to interfere  with any existing tax fore the Convention a report from the Treasurer
laws designed to relieve the State from her in- ofthls State, in obedience to the order of the
cumbrances. It was proper, however, that the Convention of the 2nd ultimo; which was read
proposition should be referred, in order that, if and ordered to be printed.
there was any merit in it, it might be discussed  The Convention then passed to the order of
and decided.                                the day.
~~~~INDEXES.  ~SUFFOCATION BY GAS.
INDEXES.
The PRESIDENT announced the unfinished busi-  Mr BRENT, of Baltimore city, by general conness of the morning hour to be the following re-et called the attention o the Cnvention to
solutions submitted yesterday by Mr. Tuck:  the deleterious effects prodaced upon the health
That the Committee on r it    he, ^.of the members, (many of whom were complain"Resolved, That the Committee on Printing be ing,) by the gas that escaped from the furnace,
authorized to have a suitable index mad to   thby which the  allwas heated,and hoped that
Journal of Proceedings, and also to the Debates some step would be taken to, remedy the evil.
of the Convention.                          There must, he suggested, be a defect in the furMr. THAWLEY offered an amendment, provid- nace.
ing that the printing of the extra copies of  The PRESIDENT. The gentleman had better
the Journal should be discontinued, and that the suggest some course of proceeding.
money which would have been directed to that  Mr. BRENT. Well-I move the appointment
object, should-be applied towards the payment of a Committee.
for the Indexes.                              Mr. MORGAN. A Committee on Gas! (laughThe PRESIDENT thought the amendment not ter.)
germane to the resolution, and suggested to the  Mr. BRENT. A Committee on Gas.
gentleman from Caroline, (Mr. THAW'LEY,) to  The PRESIDENT. To be composed of three
withdraw it for the present, and to offer it again members?
when the pending question should have been dis-  Mr. BRENT. That will do.
posed of.                                    The committee was accordingly ordered to
Mr. THAWLEY, with that purpose, withdrew  be appointed, and the following gentlemen cotnt
his amendment.                             pose it:




127
Messrs. BRENT, of Baltimore city, RANDALL, Kent, (Mr. CHAMBERS,) that the responsibility
and SAPPINGTON.                             of making the report rested on him, and that the
Convention was not bound by it, by reminding
BASIS OF REPRESENTATION.    that gentleman of the practice of the Senate and
The Convention thereupon resumed the con- House of Representatives of the United States,
sideration of the resolutions reported by Mr.MER- where the Chairman of a committee makes an
RICK, from the committee on representation.  elaborate report, which he has prepared on his
The pending question was on. the motion of own responsibility, while every individual memMr. SPENCER, to recommit the report to the ber of the committee may rise in his place and
committee on representation, with instructions make any objections in the form of explanation.
to report a basis of representation on some fair If the gentleman from Kent was permitted to
principle of compromise.                    hold the Convention, until he could produce the
Mr. CHAMBERS, of Kent, enquired of the Pre- effect he desired by the propositions he offered,
sident, whether it would now be in order to he, [Mr. T.] might be compelled, in consequence
move an amendment.                          of the introduction of matter, which, in his opinThe PRESIDENT replied in the affirmative.  ion, was objectionable, to vote against the ConMr. CHAMBERS. Then I move the following stitution altogether, when the Convention closed
amendment:                                 their work. He might refuse to receive the lit"In such manner that the city of Baltimore tie good which was mixed up with so much evil.
shall be entitled to the same number of represen- What then was the use of keeping these propositatives in the House of Delegates, as may be al- tions back in the committee? Letthem be brought
lowed to the largest county in the State."  before the House.
He tdverted to the various propositions now
I have no desire, (remarked Mr. C.,) to discuss  verted the  varius propositos   o
this question at the present time, but I hope that befould he eHouse,n ad an what real progres
it will be. reft open to discussion, and that the
previous question will not be called; so that if adopted.  e desired tha the Committee should
come in with a report, and that every member of
gentlemen desire to discuss it, they may have  e   wt a
it, who objected to it. should state what those
objections were. With a report from the conmMr. THOMAS said, he would make a last effort mittee in a proper form, the House would have
upon this point, as to the mode of proceeding, something to act on.
which should be adopted. He entered his pro-  Mr. THOMAS moved the previous question, but,
test against permitting one particular committee  The PRESIDENT having stated that, under the
to depart in any way from the rule prescribed amendment recently adopted to the rules, the
by the Convention for the government of all its previous question would operate not on the mocommittees.                                tion to commit but on the amendment of Mr.
Mr. THOMAS stated that the committee on Re- CHAMBERS.
presentation had departed from its proper course.  Mr. T. disclaiming any intention to cut off deFor several long, tedious weeks, the Convention bate on the amendment, withdrew the demand
had had no report of a practical character before for the previous question.
them, nothing but these abstract resolutions.  Mr. GwINN accorded with the views thrown
And if the Convention were about to go into the out by the gentleman from Frederick, and exdiscussion of them, long, tedious weeks might pressed his hope that the senior member of the
again be wasted without reaching any result. Committee would make a report, and that any
He objected to the way in which the members member of the Committee would be permitted to
of the Judiciary came in, for the purpose of feel- rise and explain his objections. He believed
ingr their way by offering amendment after that was the course approved by a majority of
amendment, until they could shape the resolu- the Committee, several of whom were now abtion to their wishes. Had the Legislative com- sent. He thought the proposition of the gentlemittee, of which his colleague was a member, man from Kent was of an uncertain character.
pursued a similar course, a great deal of time That gentleman had denominated his (Mr. G's)
would have been lost in settling negative proposi- proposition an abstraction, but would the amendtions, which, ingeniously introduced, necessarily rnlelt offered by the gentleman himself, lead to a
lead to new discussions. The clear-headed gen- practical result  Hle was yet unable to pertleman from Queen Annes, (Mr. GRAsoN,) had ceivc the trap which was contrived by the amendintroduced a rule, which was adopted by the mneits. The object, evidently, was to produce
Convention, restricting the reports of the corn- combinations among the counties, the effect of
mittees to mere results.  The object of this which would act injuriously on the prospects of
rule was to expedite the work. le illustrated Baltimore in the State. Long experience had
the evil which would result from adopting the made the gentleman from Kent a great tactician,
course proposedby this amendment. The Con- but ingenious as lie was in his movements, the
vention would make little progress; amendments object of the present amendment was very palpawould be offered, and the representation of a ble. He believed that if the report was now resingle county would occupy one day, and another committed, there would be a speedy report. Some
would consume the next day, and so the Conven- of the members are indeed away, but they would
tion would go on. He wished the Committee be back on Monday morning, and he thought
to execute the order of the Convention. He they could come to an agreement.
replied to the remark of the gentleman from   Mr. McLANE, without intending to enter into




128
the discussion, desired to present a view of the county divisions cut up by the roots; and to essubject which might have the effect of arresting tablish districts of contiguous territory, and to
the courseof proceeding. When the motion was sub-divide Frederick and the largest counties,
made to postpone these resolutions, he had voted as to give equality to all. He desired to put an
in the affirmative, on two grounds: first, that it end to all these contests which were mere queswas not a final report of the committee which tions of the distribution of political power.
should be considered and discussed in committee  Mr. CHAMBERS. And of offices.
of the whole; the other ground was, that it was
intended by the committeeas an application for  Mr. THOMAS granted that. But he desired
intended by the committee as an application for
instructions, without which the committee could that the same principle should apply in Baltimore
not agree on any report. In this view of the and in Talbot county. He did not wish that
Baltimore should have a representation too dissubject he considered that to take up the resolu-ld hae to Talbot, or giveaot a o
tions would have led to great embarrassment proportionate to Talbot, or give Talbot a power
and might have established a precedent whh below what she ought to have. He disavowed
and might have established a pretcedens.t which acting for any party, or for the policy of the
might have led to greater difficulties. It might hour, but o that he might see the State prosperhour, but so that he might see the State prosperfrequently occur that a committee might find    during the residue of his da
if allowed to come in ous during the residue of his days. From  his
itself in difficulty, and if allowed to come in
itself i difficulty, and         present position, he could not take any report
and ask for instructions, it would lead to discus- lkelto emanate from te   Committeea without
sion of the subject. Suppose' the instructions are amendment.
given, and the committee report' in conformity
with them, the House is not concluded by its  Mr. MCLANE did not wish to interfere in this
previous action from giving a different vote when dispute-non nostrum tantas componere lites. It
that report shall have been considered.     had been his wish to restrict discussion, instead
The wholequest s  p a e H e  of which he had provoked it. He insisted that
The whole question comes up againthe House the question had been decided, so far as regards
may be plunged into a controversy, and angry the popular basis. The gentleman from Kent he
feelings might lead to an angry debate. He was
could not permit to be the exponent of his [Mr.
ready to adopt the opinion of thegentleman from  McL's] opinions. Notwithstading the decision
McL's] opinions. Notwithstanding the decision
Kent, that we should come to a compromise ofen the report of the 
$iw. Iwacerttnieofhesof the House, when the report of the Committee
views. It was clear that neither of the excomes in, the subject would be as open tob.discustreme principles could prevail. It would be in-  ion as it was before.
expedient now to go into the discussion of the      ws 
subject. He had voted against the postpone-   What was the proposition now brought forment of the resolutions on this ground. What ward? Emanating from the head of the committee
did the committee ask?  The committee came it brought up the discussion on one of the most difhere, in the first instance, unable to agree in a ficult points in controversy. He could not coreport of any plan, because they could not unite incide  the propriety of thiscourse  Instead of
in deciding upon an important principle lyi  at deciding atwhat should be the delegation of Baltithe foundation, and they asked for instructions more, and hen sending te subject to the Cofrom the House. They have told us that they mittee, he would prefer to re-commit the whole
cannot get a majority to agree. He wished, matter, if the Convention could make an imme
therefore, that when the House shouldgo into ti diate report. If gentlemen did not approve of
discussion of this fundamental principle, instead that course letthe House go into Committee o
f dec ding it for the instruction of the Commit- the whole on the resolutions, when amendments
tee, it should finally decide it ior the House. could be offered. The admission of the present
This might not suit the committee. It had been amendment would lead to the introduction of
said by'the gentleman from Kent, that if the numerous others, and all should be offered in
House come to -a vote on the resolutions, the Committee, not to the House. He did not becommittee twould report imnmediately.       lieve that the Convention would decide so grave
committee Would report immediately.'Mr. CIAsmaBERS explained. He had said theya question, without going into committee of the'Mr. CHAMBERS explained  He had said they  Wy
would be unabled to make a report if they had  Mr. JEN R thought te amedment had been
Mr. JENiFER thought the amendment had been
the sanction  rpid of the Hsouseo.     admerely to enquire into the expediency of insertMr. McLNE replied, that the question llael. M   reped that the qestion had ing the provision, but he found it to be a positive.been decided by a vote of  niO e to 17.'instruction. He was willing to send it to the
Mr. CHAMBERS did not consider that vote an Committee, but he would not give the instrucexponent of the ultimate decision of the House.  tions   e vote ofyesterday settled the question
Mw r e hadtions. The vote of yesterday settled the question
Mr. TIHO~MA~S enq~uired whethier -when hre had as to popular basis: the House must take the other
voted on a preposition, he was not bound by that pricple or a compromise. Instead of sending
vote.                                       instructions to the Committee, let the House deMr. CnHAMBERS explained that a gentleman cide the question instanter. He was disposed to
might give a vote in accordance with his present yield soe of his wishes rather than go homebeviews, and might then move a reconsideration of cause he could not get exactly such a Constituthe vote. His vote simply expressed his opinion tion as he would like.
according to the view he took at the time.r.         MBERS disclaimed all pretensions to
Mr. CHAMBERS disclaimed all pretensions to
Mr. THOMAS replied, that he wished to act the character of a tactician. He had altogether
here not as a Baltimorean, nor for the counties retired from the political field more than sixteen
alone, but as a Marylander, looking at the inter- years ago when he went onj the bench, and had
ests of the whole State. He desired to see these taken no [part whatever since, except to vote.




129
The gentleman from   Baltimore, would learn which would avert the danger of bringing the
when he had the benefit of larger experience, counties entirely under the control of the city.
that the only safe and sure way to success, is by He illustrated how this would be the case if no
a straight forward, plain, direct and honest course limit was imposed. This amendment was offerto the object candidly avowed'. The  crooked, ed by him in Committee-it was now before'the
tortuous path in which that gentleman travelled, House, and he would stand by it. If the House
occasionally crossed this straight track and thought it proper to make the limit that which
brought him in his view, and the gentleman was was allowed to the largest county, then they
hence induced to think that he (Mr. C.) was also should adopt this amendment; if they determinout of line. It was only an optical illusion.. If ed any other to be proper let it be made, and the
the gentleman would march boldly, right onward, Committee will regard it as an instruction.
disregarding the clamors of that large family in  Mr. McLANE and Mr. CHAMBERS said each a
Baltimore, alluded to by his colleague, or from  few words in explanation.
any other quarter, his own intelligence would  Mr. THOMAS stated, that he had considered
take him in the direct road.               these resolutions as presenting merely a negative
Mr. GWINN asked if thegentleman would point question until yesterday. The amendment now
out the direct course.                     proposed by the gentleman from Kent, giving
Mr. CHAMBERS. "Follow me." (a laugh.)     Baltimore aspecific number of representatives was
He said the gentleman from Frederick, [Mr. an affirmative question. So was the vote of yesTHOMAS,] had renewed the charge against this terday, deciding that population shall not be the
resolution, that it was an abstraction. He vindi- basis of representation in the House of Delegates.
cated it at length from this imputation, and By that vote the House had fixed one principle:
maintained that it was eminently practical. That and if it should be decided that Baltimore shall
gentleman had indulged in an elaborate address have a representation equal to the largest
to the House, avowedly to convince them of the county in the State, another principle will be
great error they had committed by their vote of fixed.
sixty odd to seventeen, and yet concluded by  He went ontostate the parliamentary pracassuring us that the vote "amounted to nothin   tice i n relation to amendments and the manner
It was very true, as stated that members of a  wich ie  mightbe introduced; and asserted
committee, from courtesy to a chairman, often    th y       ht be ntr  edn          a d
permitted him to report propositions they did not that any gentleman had a right to get up and
pprove. It often occurred too that meberscontradict to-day any -position which he might
approve. It often' occurred too that members: have taken yesterday; and even to record his
presented propositions they did not meari to sanc- vote in one way, and to argue inanother. No:
tion by their votes.
Bution  all such cases the fact was announced gentleman could be required to redeem any supBut in all such cases the fact was announded
posed pledge contained in his vte of the
and known, and the sole object was to bring the posed pledgevote of the day preHouse to a vote in which every member could. ceding
Mr. McLANE explained.
express his actual opinion. It was certainly the  Mr.      ased if the gentleman from
first time in the experience of some years he had  et objected t going into committee of the
ever heard it said that on the final passage of a who le.
resolution by yeas and nays, the vote was no ev-  Mr. C     said he would not object to
idence of opinion, and he was glad to have the  t obct to
endorsement of the gentleman from Cecil, (Mr. hat course.
MCLANE,) who had so fully concurred in this  Mr. THOMAS resumed, explaining more fully
view. He had no doubt there would.be found his views as to the binding effect of'the vote of a
of the members voting on that proposition, no gentleman in his future action. He adverted to
more than seventeen, to go for the broad doctrine the contemplated reforms which extended to the
of representation on the basis of numbers alone. Executive, the Judicial, and the Legislative deHerepeated the ground he had heretofore urged partments. It was intended to take away almost
asto the cui bono. Two gentlemen on the Corn- all power from the Executive; and he stated
mittee would agree to nothing till driven by the that he would not object to this if to that reform
House from this claim of a popular basis. When were connected an extension of power to the
that was disposed of, as it would be by passing Legislative'branch. He stated that he reprethis resolution, there remained the alternatives sented a large population, and he would not
of compromise or the statis anti betmn-the pre- pledge them or himself to the course they should
sent arrangement. Compromise was an indefi- take when the Constitution was presented to
nite term. On that subject too the Committee them for acceptance. There might be provisions
was a divided family. We had a compromise in engrafted in it, such as would compel him to
1836-the city of Baltimore had the "lion's give his own vote against it, and to admonish the
share.' We are now to compromise again and people from the hills and the house-tops to reject
another "lion's share"? is to be taken from what it.
was then left us. The House should indicate  He concluded with some further remarks
their views in regard to this one most important generally reiterating what he had previously said
item in the compromise. The last vote decides as to the inefficiency of votes given on isolated
that a reduction must be made from the immense questions to stand as a true exponent of the final
number which would be given to the city by a vote of gentlemen on the report as a whole. He
basis purely'of numbers. What was to be the considered himself as entirely free to move to
limit? He supposed it must be to an extent amend the report hereafter by the introduction of
17




130
a provision establishing representation on the taken, whether such amendments should be
basis of population.                        printed upon the journal, and in bill form' likeAnd, pending the question, (and Mr. CHAMB- wise.
ERS, of Kent, being entitled to the floor,)   Some conversation followed..=The Convention adjourned.                -Mr. SPENCER made a suggestion in relation to
— ^~ ieoe nathe-appropriate distribution of matter, ordered to
be printed to the several contractors......... This led to some further conversation, when
Mr. WEBER offered the following as a substiMONDAY, January 27th, 1851.     tute for the order of Mr. PARKE:
l ca, k       *0"'Ordered, That all reports of articles for the
The Convention met at 11 o0clock.         Constitution, and all proposed amendments, shall
Prayer by the Rev. Mr. GRAUFF.            be printed on the journal."
The roll was called, and, after some time, a  Mr. WEBER briefly stated his reasons, after
quorum being present, the journal of Saturday which
was read and approved.                        Mr. PARKE accepted the substitute as a modiBASIS OF REPRESENTATION.          fication of his own proposition.
And, after some further conversation, the
Mr. DIRICKSON said, that beforethe Convention substitute was rejected.
proceeded to the consideration of the business be-  On motion of Mr. CHAMBERS, of Kent, the
fore it, he desired to submit an order with a Convention reconsidered the said vote.
view to its being entered on the journal. On  On motion of Mr. C., the said order was
Friday last, he and a, friend who accompanied amended by striking out the words "and all prohim, had been unavoidably detained from their posed amendments;"
seats. He saw that, in his absence, a most im-  And, as thus amended, the order was adopted.
portantvote had been taken. He referred to
THE EXTRA JOURNALS.
the vote upon the proposition of the gentleman
from St. Mary's, (Mr. Blakistone,) in regard to  The PRESIDENT announced the unfinished busithe basis of representation. As he, (Mr. D.) re- ness of the morning hour to be the consideration
garded this as one of the most important and of the following order heretofore offered by Mr.
vital questions that would agitate this body, and THAWLEY:
asone upon which, therefore, every member     "Ordered That the order adopted some weeks
ought to be heard, at least so far as his vote was past, authorising the printing of four extra jourconcerned, he would ask that the votes of himself nals for each member of this Convention be reand the gentleman from Kent, (Mr. Lee,) might scinded."
be permitted, under the courtesy of the Conven-  Mr. SPENCER had. on Saturday, made a motion
tion, to appear upon the jouinal; and with this to lay the order temporarily on the table, in orobject in view, he, would offer the following der to give to the chairman of the committee on
order:.                                     printing, (Mr. Stewart, of'Baltimore,) who was'Ordered, That it be enteredupon the journal not then in the city, an opportunity to make an.
that Messrs. John Lee, of Kent, and L. L. Di- explanation upon one point as to which a differrickson, of Worcester, vote in the negative upon ence of opinion seemed to exist, to wit-whether
the proposition submitted as a substitute by Mr. or not there was any contract with the printers.
Blakistone, of St. Mary's, on Friday last, which Mr. STEWART being now in his seat, Mr; SPENsaid motion is in the following words-That the CER withdrew his motion to lay on the table.
committee on Representation and Apportionment  Mr. STEWART, of Baltimore city, made an exbe requested to report a plan of apportionment planation, setting forth the action of the comand representation-making numbers exclusively mittee upon the matter of the extra journals.
the basis of representation to the House of Dele- The point of it was this; no contract had been
gates."'    made (Mr. S. said) with the printers. Before
The order was adopted.                    the recess, he had informed them that they must
Mr. PARKE called the attention of the Conven- not supply these extra copies under any impresMr.tn to te fact d that e hatteon of Satu y o n  sion that there was a contract-the whole mattion    f      to the fa                 ter being within the control of the Convention.
given notice of sundry amendments to treport   er the Convention had re-assembled, he told
of the committee on the Bills of Rights. His object the  as no reporter had yet been appointed, that
in so doing, he said, was to have them put upon they might go on and still suppl them. Subsethe journal, in order that members might have
the journal, in order ihat members migt hnave quently, some ten days since, he had brought the
an opportunity ofexamining them. He found subject to the coisideration of the Committee as
that they had not been spread upon the journal, he felt it his duty to do. A reporter had been
and he would now offer the following order:  appointed; the system of reporting the debates
"Ordered, That the proposed amendments to and proceedings was in full operation; and he
the report of the committee on the Declaration (Mr. S.,) did not suppose that the same necesof Rights, submitted by Mr. Parke, on Saturday sity existed for the extra journals. The comlast, be entered on the journal."           mittee, upon a computation of the cost, which
The PRESIDENT, after an explanation as to the was not large, came to the conclusion that they
course adopted in relation to such matters, de- would allow the printing of the extra copies to
sired that the sense of the Convention should be be continued, until such time as the Convention




131
should think proper, by its higher authority, to performance of this duty; so that the people
nterfere and arrest it. Personally, he had no will be furnished day by day. with accurate
need of these copies; but the committee thought knowledge of every step of our progress here.
that as nine copies only of the Register of'e- This was done ten days ago, and it seems to me,
bates were apportioned to each member, it might therefore, that tlie adoption of the resolution of
be well that these extra Journals should be con- the gentleman from St. Mary's is unnecessary.
tinued.                                       Mr. DENT suggested, that the newspapers
After some conversation the question was ta- could obtain an out-line of proceedings here
ken on the motion of Mr. THAtWLEY, (the yeas sooner from the Journal, than from the Register
and nays having heretofore been ordered,) and of Debates.
resulted as follows:                          The question was then taken, and by ayes 34,
noes 26, the order was adopted.
1ffiirmative-Messrs. Chapman, President, Mor- noes 26, the order was adopted.
matwive —Messrs.  Chapman, President, PMeor-  The PRESIDENT announced that the hour set
galn, Rlicaud, Sellman, Buchanan, Bell, Welch, apart for the consideration of the order of the
Dickinson, Colston, John Dennis, James U. Den- day, had arrived.
nis, Dashiell, Williams, Hodson, Phelps, Mil-  Mr. BLAKISTONE, byleave, gave notice that
ler, Spencer, George, Wright,Dirickson, Hearn,  should, to-morrow, move to change the 17th
Shriver, Biser, Annan, Sappington, Stephenson, rule, and also to rescind the 29th rule.
McHenrv, Nelson, Thawley, Stewart of Caroline, Hardcastle, Gwinn, Stewart of -Baltimore       THE ELECTIVE FRANCHISE.
city. Ware, Schley, Fiery, Neill, John Newcom-  The PRESIDENT announced that the first in the
er, Brewer, Hollyday, Slicer,Fitzpatrick, Smith, order of the day, was the reportbf the commitParke, Shower, Cockey and Brown.-47.        tee on the elective franchise, the consideration
JV'egative.-Messrs. BJlakistone, Dent, Hope- of which, had been postponed to this day.
well, Lee, Chambers of Kent, Wells, Randall,  Mr. McLAN. hoped, he said, that the gentleJenifer, Lloyd, Hicks, Goldsborough, McLane, man fr  Kent, (Mr. Chambers,) wuld consent
Sprigs, McCubbin, McMaster, Fooks, Jacobs, to postpone the consideration of this report until
Gaither, Magraw, Presstman, Harbine, Waters to-morrow. The printed report had been laid
and Weber-23.                               on the tables of the members only this morning,
So the order to rescind was adopted.      and no time had been afforded for an examinaMr. BLAKISTONE rose, he said, to offer a reso- tion of it. He, [Mr. McL.,] desired to offer an
lution rendered absolutely necessary, in his amendment, but was not able to do so without
judgment, by the order which the Convention paying more attention to the report than he could
had just adopted; unless the Convention agreed at present; and he was not sure that, after a proto some such proposition, he did not know how  per examination, he should be disposed to offer
prompt and immediate information of the pro- any amendment.
ceedings here, could be given to the people   He would also suggest, that the report did not
throughout the State.                       appear to contain the amendments of the gentleThe order was read as follows: *man from Anne Arundel, not now in his seat.
e,. te   It was, therefore, imperfect; and he, (Mr. McL.,)
"Ordered, That the committee on Printing be wished to have an opportunity of passing upon
instructed to direct the printer of the journal to these-amendments.
forward one copy of the journal of proceedings  M. STEWART, of Baltimore city. To what
of the Convention, to the editors of newspapers amendments does the gentleman allude?
in the several counties in this State and the city  Mr. MLANE. To theamendments of Mr
of Baltimore."DORSEY.
Mr. BROWN.    How   many newspapers are     Mr. STEWART. They were rejected in comthere'?                                     mittee of the whole, and not, therefore, reported
Mr. BLAKISTONE. I do not know, nor do 1 to the Convention.
care.                                         Mr. CHAMBERS, of Kent. I have only to say
Mr. STEWART, of Baltimore city. I am hap. that I concur entirely in the opinion of the uenpy to have it in my power to give some informa- tleman from Cecil, [Mr. McLane.] I would,
tion on this point from the committee on Print- however, suggest a general postponement, ining. I think the object of my friend from St. stead of a postponement until to-morrow.
Mary's (Mr. Blakistone,) good and proper, and  The PRESIDENT.   The amendments which
such as should recommend his proposition to the were offered by the gentleman from Anne Arfavor of gentlemen on all sides of the House. undel, (Mr. Dorsey,) were acted upon in cornThat object, however-the diffusion of knowl. mittee; and are no longer before the Convention;
edge of our proceedings among the people-will and the Secretary did not think it necessary or
be accomplished in a better way, by an expedient competent for him to have them printed. The
to which the committee on Printing has already order embraced only pending amendments, or
resorted. The committee set apart, out of the amendments that might be offered, and of which
surplus numbers left of the copies printed under notice was given.
the order of the Convention, one copy of the  Mr. McLANE, (to the Presidet.) Are the
Register of Debates, for every newspaper in the amendments of the gentleman froim AAnme ArunState-amounting, I believe, to an aggregate of del on the Journal?
fifty-five. The clerk of the committee has made  The PRESIDENT. The Secretary informs the
out a list, and been specially charged with the Chair that they are.




132
Mr McLANE. That will answer my purpose. edand expressive language, been here "eight long
After some conversation on a point of order, tedious weeks,"-and, done nothing. Sir, conbetween Mr. Chambers, of Kent, and the Presi- tinned Mr. B., we have been here twelve long, tedent, the question was taken and the considera- dious weeks and done much, and I call upon gention of the report was postponed.           tiemen who have been here with us week after
week and month after month, steadily dischargBASIS OF REPRESENTATION.          ing the duties which have devolved upon us, to
The PRESIDENT announced that the next in the bear me witness when I say that we have done
orders of the day was tle report of Mr. MER- much. These statements thus made here, ecloed
RICK from the committee on representation.  by the people and published by the newspapers,
The pending question was on the amendment of- are doing this Convention essential and serious
fered by Mr. CHAMBERS, of Kent, to the amend- wrong. Talk only-debate only-nothing more
ment prepared by Mr. SPENCER, to re-commit than that! By what warrant does the gentleman
the Report with instructions.               say it? Has he been here? Has he been amongst
Mr. FITZPATRICK. I fear that this question is us? Is he now with us?  How does he know
going to lead to a very long and tedious debate. that the whole time of this body has been passed
1 think that such a discussion can result in no away in mere talk? I point him to the works
practical good, and I therefore move that the which have been done. here, and then let him anwhole subject be laid upon the table.       swer to his constituents and to mine, and say,
Mr. BUCIHANAN. Will the gentleman oblige whether these works are not extremely importme by withdrawing the motion for a few minutes? ant.
1 am desirous of saying a very few words on the  Mr. B., to sustain this position, recapitulated
motion of the gentleman from Queen Anne's, the various measures which had been prepared
(Mr. Spencer,) as proposed to be amended by for the action of the Convention, and asked, by
the gentleman from Kent, (Mr. Chambers.)    what right the gentleman took his seat here, and
Mr. FITZPATRICK. If I withdraw the motion, before the people of the State, told this Convenwill the gentleman renew it.               tion that they had been here all the time doing
Mr. BUCHANAN. If the gentleman requires me nothing-that they were false to their duty and
to do so, I will-renew it.                  faithless to their trust? He [Mr. B.] would subMr. FITZPATRICK. I withdraw the motion.   mit to such a charge from no man. He had
So the question recurred on the amendment of given up home, occupation, interest, every thing
Mr. CHAMBERS, of Kent, to the amendment proto the service of the State; and having done so,
posed by Mr. SPENnCER'o to re-commit the  port he was to be told that he was reckless of his duty
posed by Mr. SPENciRto re-commit the report
with instructions.                          and false to his trust.
He had now a word to say to his excellent
Mr. BUCHAANA said he had no opportunity on friend from Kent, [Mr. Chambers] whom he, [Mr.
Friday or Saturday last to present his views upn.,onfessed  he approached  with  proper
the questions penidirg; but he had felt ai acutely caution; for that gentleman, when he underas any member of the Convention could feel, took to do execution upon those who  light be
that some things had occurred in the course ofso unfortunate as to invoke his wrath, did not
this debate which ought not to pass by, and kill them with the stroke of a cleaver or a broadwhich he was not disposed to pass by withoutaxe, but put them to death in the most delicate
notice. He should vote against the propositionmanner, bypiercing them through and through
of the gentleman from Kent, (Mr. Chambers.)with awell-polished small-sword.
He should vote for the proposition of the gen- Mr. B. then proceeded to refer to the remarks
tleman from Queen Anne's, (Mr. Spencer ) not made by Mr. Chambers on a former day, in which
because he (Mr. B.) altogether concurred in the latter gentleman had called upon the Conit, but because it would in part effect the object  ention to meet this question of representation
which he had in view-delay in respect to this and had declared that it was not to be "shyed"question of representation. His impression was as if, [Mr. B. said,] we were running away from
that no conceivable good could grow out of its dis- it. He was actuated by the kindest feelings tocussion at this stage of the business of the Conven- wardsthe gentleman, [Mr. Chambers,] ecause
tion. It would swallow up all other matters, andhe was the first man who had made a report in
the Convention would not take one forward step part, and upon whichthe Convention had been
from the time it was taken up, until, perhaps itzealously and laboriously engaged week after
was too late to do any thing in the way of form-week. And now that they were ready to act
ing a constitution.                        upon that question, another exciting subject
But his main object in rising was, tosay a few  came in, and all that had been done was to go
words in reply to the very distinguished gentle- for naught. He, [Mr. B.,] had desired to aid that
man from Frederick, (Mr. Thomas,) whom he gentleman who had hewn out and polished the
(Mr. B.) regretted notto.see in his seat. That gen- first block upon which was to rest the glorious
tleman in endeavoring to effect a postponement fabric of the Constitution. He, [Mr. B.,] did not
of this question had thought proper, in the course wish to see it cast aside-he wanted to protect the
of his remarks, to refer to the neglect, (for the gentleman against himself-he desired that his
charge amounted to that,) on the part of the Con- work should be made perfect. The original report
vention to do the work which the Convention had of his honorable friend was in itself of the highest
assembled here to do. In other words, the Con- importance, and the gentleman from Anne Arunvention had, to use the gentleman's ownemphasis- del, [Mr. Dorsey,] not satisfied with what had




133
been done, came in and by the side of it, piled up man from his embarrassment.  Certainly, I
amendment upon amendment, until his Ossa stood never would have made the motion to lay on
"like a wart," wholly overwhelmed. And while the table, had I known that the gentleman from
this was going on, before any final action could Kent, [Mr. Chambers ] was entitled to the floor.
be taken, presto, [as the gentleman from Caroline,  Mr. CHAMBERS thereupon took the floor and
Mr. Stewart, would say,] in came a new subject, said:
and the Convention was turned entirely into a  When the House adjourned he had not intendnew track. This he [Mr. B.] was desirous to ed to occupy ten minutes more of its time. He
avoid.                                     was quite inclined to gratify the suggestion made
Mr. B. proceeded to refer to the remarks made by the gentleman from Frederick, to have this
on a previous day by his friend from St. Mary's debate continued in committee of the whole, and
[Mr. Blakistone,] when, in alternate tones of the have every gentleman to submit his plan and ensoftest persuasion and the loftiest command-that able us to select some one, or compound one out
gentleman had summoned the members of the of the mess. He.would, however, avail himself
Convention to the discharge of their duty.  Mr. of the opportunity to add a word in vindication
B. reminded him that the motion to postpone the of his amendment.
representation question to the 15th of February,  The idea of giving to Baltimore a representation
did not come frotn his, [Mr. Buchanan's,] side equalto the largest county, did not originate with
of the House, and admonished him that he should him. The reform committee and the reform
be careful how he assailed others, lest, as in this legislature of 1836, adopted it, recommended it
instance, the arrow should fall upon his own to the good people of the State,who confirmed
house, and hit his own brethren.           it bytheir representation in 1837. It was the
He, [Mr Buchanan.] desired delay, because le basis of compromise; Baltimore agreed to it, and
was willing to increase her delegation with the
thought it would ultimately result in expedition. was willing to increase her delegatioi with the
He called attention to articles in the morning icrease of thelargestconty. Itwas a reasonpapers, asking whether the Convention had yet able compromise.  t was known that from the
done any work. He was desirous to hold up to early days of the colonial government the counties
1e,, -..  e ws dir t3 * 1  ^  had been equally represented. The State had
them the handiwork of the admirable artificery repres                   The Ste 
from Kent, [Mr. Chambers.] For his own part, prospered and all its political interests had been
he, [Mr. B.] had been almost stationery here. faithfully and usefully attended to; practically,
be, [Mr. B.] ha d been almos    t station ery  here.
He intended to remain so until the work was every thing worked well in the machinery of the
performed-or nearly so, and he protested governmert. But thelarge counties and Baltiainst an inivia  netaing to  enonce more desired to have more political power, or at
against any individual undertakidg to' denounce
him as  t derelict i to his duty, or as one who  ad least, more political offices, and the compromise
done nothing. He would only say, in conclusion, was made, by which the small counties were
that he would vote against the amendment ofthe greatly reduced in their comparative numbers
gentleman from Kent, [and no one could ever and power.
w~hichav  I t~The ensus o1840 was made the                      basis o f thvee or
have supposed tat he,(r B.)would vote other- first adjustment of  the number  of reprsentawise,] and in favor of the amendment of the gen-ft  ust   o   e nu    r       of r snta
tleman from Queen Anne, [Mr. Spencers.]   tives to the counties respectively, and it was to
tleman from que     en A  nne, [Mr. Spencer.]
Mor. S P E toad ner he f r.    be thereafter altered and made to conform to the
Mr. SPENCER obtained the loor           fpopulation ascertained by every second census
Mr. BELL interposed with the remark, that his thereafter, but the same principle was solemnly
object in making the motion to lay the subject agreed on, as the mode of adjustment. Balltion the table,'had been to avoid the very discus- more was still to be equal to the largest county in
sion into which the Convention was now going. the number of her representatives. The first
Mr. SPENCER. The floor was assigned to me. census, therefore, which was to occasion a reI am not disposed to throw any impediment in adjustment was that of 1860, butnow in 1849, bethe way of the gentleman. But I stated on Sa- fore the revolution of one-half of the period which
turday last, that I desired to hear from the gen- is to bring 1860 into being, this compromise is
tleman from Kent, [Mr. Chambers,] the reasons disregarded, and the diminished small counties
for the proposition he had submitted, in- order must again submit to be shorn of a portion of
that I might have an opportunity to reply. I rise their reduced power, and Baltimore is no longer
now for the purpose of redeeming the pledge to be kept equal to the largest county, but, as
which I then gave.                         some of her divided delegation on this floor claim,
The PRESIDENT interposed  and stated that is to have a number of delegates in exact prowhen the order was announced, the     fact portion toher numbers-that is tosay, Baltimore
had for the moment escaped his attention, that, at is to have thirty-three members of the House of
the time of adjournment on Saturday, the gen- Delegates, while Kent county has two. To deny
tleman from Kent, [Mr. Chambers,] had the the policy and expediency of this, was charged
floor, was addressing the Convention, and yielded upon him as a great heresy. l-He did not refer,for a motion to adjourn..   to the abusive newspapers, to which his friend
Mr. BUCHANAN. I beg the gentleman, [Mr. from Baltimore county, (Nlr. Buchanan,) had alChambers,] ten thousand pardons, but my word luded. He regretted being obliged to say, that
is pledged to renew the motion of the gentleman some of these could not be touched without defilfrom Alleghany, [Mr. Fitzpatrick,] for upon that ing a gentleman's hands, nor their language repledge alone it was that I obtained the floor.  peated without polluting his lips.
Mr. FITZPATRICK. I will releave the gentle-  His opinions had been assailed frcm' h:gher




134
sources. He had been supposed to impute an we depart from the purpose contemplated, we
especial degree of corruption to the city of Balti- shall be greatly delayed in our proceedings. He
more. He never had said one word like it. He had, therefore, moved that the report be re-comregarded Baltimore precisely as he did other ci- mitted to the Committee. That proposition had
ties. Certainly he agreed with Mr. Jefferson  been rejected. He then moved to re-commit it
that the country air, country occupation and "with instructions to report a basis of represencountry associations, are at least equally conge. tation on some fair principle of compromise.'
nial to the growth of pure morals and patriotism,  To this, the gentleman from Ient, (Mr. CHAMbut he was Willing to concede to Baltimore, as BERS,) offered the following as an amendment:
much of both as to other cities.              " In such manner, that the city of Baltimore
Yet did we not all know the power of concen- shall be entitled to the same number of representration? It is as operative in the political as in tatives in Ihe House of Delegates as may be althe physical world-it operates every where. lowed to the largest county in the State."
What is the mighty torrent that sweeps before  That honorable member had given to the Conit every opposing barrier? It is but the aggre- vention the reasons which induced him to offer
gation of drops. There were some farmers who an amendment which entirely excludes the city
heard him; they know how effectually a few in- of Baltimore from all participation in the comdividuals acting in concert could operate. The promise of this agitating and exciting question.
few millers and grain buyers in the city could doER explained is amendment.
more to effect the market than all the farmers in
the country, simply because they could combine,  Mr. SPENCER resumed. The gentleman was
while these acted separately, in atoms. Every from one of tie smaller counties, and his voice
body knew the superior power ofa few disciplin  had announced that the largest portion of the
ed soldiers over a dispersed mass of men with no  State, in numbers and in wealth, in the adjustorganization or concert.                    ment of a question so vital as the one under consideration, was not to be heard. The counties
But besides this, Baltimore had an interest in ton      no to be hea       e co
every county in the State. It was thecentre of from the mountains to the. sea were to comproramise this matter, and then arbitrarily say to Balbusiness-the heart of our trade and commerce,                             we choose and
and its pulsations were felt through every artery,  i more,  l,  Mr SPNCERa was also froo   a
~~tedn   nnevoftew    l-oyo      no more."  He, Mr. SPENcER, was also from a
tendon, muscle and nerve, of the whole body of small county, contiguous to the county of the
the people. She had never earnestly desired any  gentleman, and in response, he desired to say
thing without getting it. Delegates from  all gentleman, and compromising with eachd  sayeparts of the State were to some extent, delegates  t hat he was for copromiin  with one par 
for the city. To ask for a representation then  ry portion of the State. Not with one part to
f    or the city. To ask for ai representation th the exclusion of the other; but with each and all.
rateably, one for every five, six or seven thou- Situated as Baltimore' was-a large and increasand, is idle. No one here can expect it. Even                         tateself-deenc
the gentleman from  Frederick, (Mr. Thomas,) siig city, in a very small State-self-defence
the gentlemain from  redric, (o. T ma,) made it necessary for the counties to resist reproposes a limitation in the'way of equal dis- presentation based on population exclusively. But
ticts-a limitation as he, (Mr. T.,) rgards it, as this is denied to Baltimore, who claims it, the
not as regarded by orthoim, (ta r. C.) hy then  question must be compromised with her, and as
was he less orthodox than otners, who were al-        e done, an equivalent ought to be
lowed to be good reformers, yet insisted on a      n e o       n 
given to her.
limit-?  ~      -            -..,,,.,  He deprecated delay. He knew that efforts
To enable gentlemen to submit their several
oviews, and thusa place the House in a conditin were being made to render'this Convention odious,
views, and thus place the House in a condition    dre.                   ne  a  eort
to act intelligently, and also to gratify a requestand he ad no doubt if the resolutions, as repor
ed by the committee, were passed without any
made ya gentleman  om  Frederick,.  qualification, they would tend to produce popular
Johnsonl ) he would conclude by moving thatthe citement. There are two great pa
excitement. There are two great parties here;
House now resolve itself into a committee of the  e eent  the    ret  o      tiehe
one representing.the interest of Baltimore; the
whole. 
Mr. SPENCER said te c e        other, the smaller counties. Every candid mind
Mr. SPENCERsaid the ommitte on repre must admit that neither extreme will prevail.
tation had reported to the Convention on the 1th  must admition woud ther ext e  ei previl.
~O~~f December,~                    ~'His' proposition would show that there existed in
o "T Decemberiisie,  tr    d   dathis body a spirit of compromise under which we
1st, "That it is inexpedient to regard federal could all fraternize, and the question be settled
numbers in fixing the estimates and basis of rep- with harmony.
resentation in the House of Delegates;" and,  To his regret, the gentleman from Kent, had
2nd, " That it is inexpedientto adopt a princi- offered his amendment, which, while we are
ple of representation based exclusively upon striving to cultivate a spirit of concession and
popular numbers, in organizing the Houseof Dele- concord, throws Baltimore off altogether. His
gates or the Senate."                       objection to giving her a representation greater
He had great objection to receiving such a re- than the largest county, is on account of her
port. It was not consistent with the duty for concentrated position. We must all admit the
which the committee was appointed. It was the commanding position which her concentrated
purpose and design of this Convention, in appoint- power gives her, and lie was unwilling to let the
ing the committees, to expedite its business by smaller counties be over-ridden by that great
reports in full from them, in the form of articles city. But at the same time it is right to say, that
to be incorporated in the Constitution. And if whilst we withhold from her the application of




135
the great principle of popular representation, ow- property qualification was essential in every
ing to her peculiar position to the counties, as case. Again; how imperfect was our Judiciary
far as we can go,we will go, in,yielding to heran system, and the mode of appointing the Goequivalent. What that is to be, must depend up- vernor?  Time has corrected many of the
on the compromise which must take place.  evils, and this Convention has met to correct them
Pass the amendment of the gentlemen from  all. And yet the gentleman refers to that ConKent; and carry it out, and you had better adjourn stitution as his guide, on this great question. He
at once. The Constitution which we may adopt could not consent to do so.
has to be ratified by the people. If you set Bal-  The gentleman said that Baltimore had got
timore against it, what prospect of ratification is all she claimed; had fixed the public taxes upon
there. It is too important an interest to be over- us, and was now anxious to throw off her share
looked. It isentitled to the highest respect, and of them. He thought this was unjust. Baltidemands our serious consideration. We must more was not alone responsible for the system of
not neglect it.  If you pass the amendment internal improvements and the public debt. The
of the gentleman, and say to her, that she is Potomac and the Chesapeake counties, had their
not to be heard in this compromise, her entire share of the reproach. In the Potomac counties
weight will be put in opposition to your Consti- the strongest champions of the system were to be
tution. And so, in the same spirit, he said to the found. Nor was there any deficiency on the
gentlemen from Baltimore, and the larger coun- Eastern Shore. It was made a question, in his,
ties, if you adopt the rule of representation (Queen Anne's) county. He had canvassed every
according to population, and attempt to force it, part of it in opposition to the system, not as a
on the smaller counties, then you will array candidate, but as one of the people. He had
them against our proceedings, and raise, in them, predicted what would be the result, and that
one united army of opposition, who will stop at every species of property, would be taxed to pay
no point short of a total overthrow of the Con- for the system. But the people sustained it and
stitution, which we may recommend. I appeal went for the measure, as they did in other
then to the reformers in this House, who are truly counties on that shore. Let no unjust censure
desirous to get rid of the abuses and inconve- then be imposed on Baltimore for this measure,
niences of the old Constitution, and to adopt one and remember too, that one of the great public
in conformity with the progressive spirit of the works of the State-the Chesapeake and Ohio
age, and which will give to you a more economi- Canal-is antagonist, in every respect to the city
cal, a better, and a purer government, to vote of Baltimore, and always was. Its outlet is in
down the amendment of the gentleman from  the District of Columbia, whereall its commerce
Kent, and unite in a spirit of conciliation. Let must find its way. And this is tie great work
it go forth from these Halls, that we will fra- of the State, from which the- people were led to
ternise on this great question, and we will still expect such rich returns and so golden a harvest.
the storm  of passion, and prepare the public He hoped it would be realized, though the hope
mind to accept with.favor the work of our has been long deferred.
hands.                                      We should have no unkind feelings towards
The gentleman from Kent, is further opposed the city of Baltimore. It was the heart of the
to extending the compromise to Baltimore, be- State, diffusing vigor into every part. Into her
cause the original Constitution fixed a ratio of was pouring the wealth of other States, and other
representation which was just, and which, by counties. We furnished her with the rich and
subsequent compromises, has tended to the in- varied products of our fertile lands, whilst she
jury of the counties.                      furnished us in return with her comforts and
The gentleman can find nothing to sustain him, luxuries. Let us then forget all sectional disin the ratio of representation, as adopted in our cord and meet on common ground, in a spirit of
Constitution of seventy-six. At that time, we just and honorable concession, each to the other.
had no large city within our limits. The coun- Whilst we say to Baltimore, we cannot give you
ties, which now constitute the smaller counties, a representation to which you would be entitled
were then the important sections of the State, on the basis of population, because to do this
and very much equal; and there were several would confer on you the means of absorbing all
commercial points on the Eastern Shore, of far the. political influence of the State, yet we are
greater magnitude than Baltimore town, as it willing to yield you an equivalent, one which
was then known. Besides, our government was will make you stronger than you now are, and as
then one of experiment, and framed in the very far as possible balance the power in the State,
midst of war. The gallant spirits who framed without detriment to any.
it, are entitled to our highest praise, and should  Mr. NEILL suggested to Mr. CHAMBERS, of
ever be remembered with tears of gratitude and Kent, so to modify his amendment as to add the
smiles of admiration. Under the circumstances words, "and that representation in the counties
which gave it birth, it was admirably suited to shall be according to population."
the crisis, but still it was imperfect, necessarily  Mr. CHAMBERS declined, remarking that the
imperfect. The defects soon became manifest, gentleman could offer his amendment as a sepaand from that time to the present, have been un- rate proposition.
dergoing changes. It is unnecessary to enume —  Mr. NEILL supposed it would not be in order
rate them all. But he might ask, what were the for him now to do so.
restrictions on the right of suffrage, and on pub-  The PRESIDENT, [Mr. Ricaud,pro tem,] said it
lie officers, from a Sheriff to a Governor? A  would not be in order.




136
Mr. NEILL said he shouldthen feel himself con- tions from the Committee contained two great
strained, if the amendment of the gentleman generalprinciples, while the amendment of the
from  Kent, [Mr. Chambers,] should be brought gentleman from Kent is confined to a single proto a direct question, to vote against it.  position; and if it should be adopted, what would
Mr. NEILL felt himself compelled, under the have been effected by its adoption? He couclucircumstances, to vote against the proposition of ded with protesting against any further waste of
the gentleman from Kent. As one of the repre- time he was desirous to make a Constituticnsentatives of Frederick county, he was not dis- to go home and to save the money of the people.
posed to give Baltimore more representatives  Mr. CHAMBERS now renewed the motion that
than she wasjustly entitled to. Hewas prepared the Convention resolve itself into committee of
to increase the representation of the largest coun- the whole, for the purpose of taking up the subties in proportion to the increase of their popula- ject.
tion as exhibited by the new census. The gen-  Some conversation followed on a point of ortleman from Kent had declined to modify his der, between Messrs. BUCHANAN, CHAMBERS,
proposition, and he, [Mr. N.] could not vote for JENIFER and the PRESIDENT.
it as now presented. He thought it objectionable
that the committee should come before the     Aer wc
House with these isolated propositions, instead  M  BROWN enquired of the Chair, whether a
of bringing forward some general proposition. motion to lay the proposition on the table was in
The amendment of the gentleman from Kent order, pending a motion to go into committee?
was calculated to win the large counties; but  The PRESIDENT stated that that motion was in
such isolated propositions did not embody the order, and would take precedence over the mogeneral sentiment of the State. He was there- tion to go into committee.
fore compelled to give his vote against it.   Mr. BROWN moved that the whole subject be
Mr. CHAMBERS could not agree with the gen- laid on the table, and asked the yeas and nays,
tleman from  Washington, (Mr. Neill,) whose which were ordered.
proposition related to a subject not-at all involved  Mr. HARBINE  was proceeding to speak,
in the amendment now before us and in regard when,
to which not a word of discussion had been.had.  The PRESIDENT interposed and said that 
He certainly understood his amendment as thie  The PEsDENT interposed  and said that no
p   recise principle of the Washington county plat- debate could be entertained on a motion to lay on
form. It looked to no particular limitation, of the table.
number for the larger counties, nor to any prin-  Mr. IARBINE. I was only going to remark
ciple on which these numbers were to be based, that I hoped the motion to lay the whole subject
but solely to the equality in the delegation of the on the table would be agreed to.
largest-county and the city. If one was increas  Mr. FITZPATRICK. As I have been adverted
ed, the other would be, and there was nothing in to, I should like to explain ihe motion that I
this to commit any one to such increase in the made, and I hope that the gentleman from Carcounties or against it.                     roll, (Mr. Brown,) will withdraw his motion to
Mr. BRowN withdrew his motion. He was of enable me to do so.
opinion that whatever was the intention of the  Mr. BROWN.'I will withdraw for that purgentleman who introduced this amendment, the pose.
effect would be to array Baltimore city against  Mr. FITZPATRICK said, he wished to place himthe counties, or, vice versa, the counties against self right in reference to the motion made by
Baltimore. He believed that the greatest part him, to lay the whole subject on the table. He
of the delegates from Western Maryland were was far from being opposed to a thorough discuscommitted, when they came here, to give Balti- sion of this question, or of giving his vote upon
more a representation equal to the largest coun- it, when it should come up in some distinct and
ties of the State.                          tangible form; but in its present shape, being a
The amendment of the gentleman from Kent mere abstract proposition from which no practitherefore decided nothing. It settled no principle cal result was likely to-be deduced, he thought
but that Baltimore shall be limited in the number it a mere waste of the time of the Convention
of her delegates to therepresentation of thelargest and of the people. He wished the matter sent
counties. He referred to the original position of back to -the committee for some definite and
the counties, and asked if it was intended that practical report; or that failing to agree upon
they should be kept in the nursery for ever. He any basis of settlement, they might be dischargalluded to the seventeen who had voted for the ed bythe House. He, therefore, moved to lay
basis of population, and stated that they embraced the whole subject on the table.
more than half the representation of the freemen
of the State. If Western Maryland did not ex- Thequest on     the         motionto la
hibit some energy, and throw off the shackles the whole suect on the table
which bound her, he should lose all his respect The yeas and nays were called and ordered,
for her. He hoped the gentleman from Kent and being taken, resulted as follows:
would not consume any more of the time of the  JffirmMative —Messrs. Sellman, Buchanan, Bell,
House by discussing abstractions. The propo- Welch, Lloyd, Dickinson, Colston, Miller, Mcsition which had now been offered, he could not Lane, Spencer, George, Wright, Shriver, Gaithink quite germane to the subject. The resolu- ther, Biser, Annan, Sappington, Stephenson,




137
McHenry, Magraw, Nelson, Thawley, Stewart adoption of the amendments of the gentleman
of Caroline, Hardcastle, Stewart of Baltimore from Anne Arundel, (Mr. Randall,) andthe gencity, Ware, Neill, John Newcomer, Harbine, tleman from Baltimore city, (Mr. Brent.) He
Michael Newcomer, Brewer, Weber, Hollyday, (Mr. Blakistone,) thought that the Convention
Slicer, Fitzpatrick, Parke, Shower, Cockey and must he satisfied that these changes did not affect
Brown-39.                                  the good which seemed to be anticipated from,Negative —Messrs. Chapman, President, Mor- their adoption; because, under the construcgan, Blakistone, Dent, Hopewell, Ricaud, Lee, tion which the Chair had given to the rule as
Chambers of Kent, Mitchell, Wells, Randall, amended, the Convention could not come to adeKent, Jenifer, John Dennis, James U. Dennis, finite conclusion upon any subject, if a minority
Crisfield, Dashiell, Williams, Hicks, Hodson, was disposed to prevent it. He illustrated its
Goldsborough, Phelps, Sprigg, McCubbin, Di- operation. Hisdesire was that the rule should
rickson, McMaster, Hearn, Fooks, Jacobs, be so amended as to give power to a majority at
Schley, Fiery, Waters and Smith-33.        all times to come to a vote upon any original proSo the whole subject was laid on the table,  position. He thought that the dispatch of the
Mr. SPENCER, [to the President.]  What is public business would be greatly facilitated by
the next order of the day?                the adoption of his amendment.
The PRESIDENT. It is the report made by the  Mr. B. thought it was necessary also, to reChairman of the committee on the executive de- store the power which had recently been taken
partment, (Mr. Grason.)                     away, to call the yeas and nays in committee of
Mr. SPENCER. The Chairman of that commit- the whole; so as to give gentlemen an opportutee is not now in the city. It is probable he nity to spread their votes before their 9onstitumay be here to-morrow. I move that its consid- ents upon every important proposition which
eration be postponed, and that, in the meantime, might be offered there.
the Convention proceed to the consideration of  Mr. B1SER desired to ask a question of the
the bill of rights.                         Chair, the answer to which, he said, would conSeveralvoices. The Chairman of the commit- trol his vote. It was this: Was it in order to
tee on the bill of rights (Mr. Dorsey) is also ab- call the previous question at any stage of a bill
sent.                                       under consideration? And, if sustained, would the
There being no further business before the Convention be brought without further debate,
Convention at this time,                    to a direct vote on the proposition and the amendThe Convention adjourned until to-morrow at ments pending?
eleven o'clock.
The PRESIDENT stated that, in his judgment, the
previous question, under the rule as it now stood,
-I iariiwould apply to the pending matter, whether it
was an amendment or the whole bill. But the
TUESDAY, January 28, 1851.      moment the previous question was taken upon
tTUESDAY, J y    he question then under consideration, the preThe Convention met pursuant to adjourn- vious question was exhausted.
ment.                                         After some explanation between Mr. BISER
Prayer was made by the Rev. Mr. GRAUFF.   and the PRESIDENT, on the point of order,
A quorum being present, the journal of yester-I
dayqwuorubdein gpresent, thew journal ofyester-  Mr. BISER said he should vote for rescinding
day was read.                              the rule
the rule.
THE PREVIOUS QUESTION, &c.           Mr. BRENT, of Baltimore city, replied briefly
to Mr. Blakistone, and in defence of the amendMr. BLAKISTONE, in pursuance of the notice he ment adopted on his, (Mr. Brent's,) motion.
had yesterday given, moved to strike out the 17th After alluding to the tendency manifested by
rule of the Convention, and substitute in lieu of the Convention towards a constant change of
it the following:                           rules, he submitted that no evidence had been
"The previous question shall be always in or. afforded of a disposition on the part of a minority
der in Convention, if seconded by a majority, of the Convention to offer amendments,frivolously
and until decided, shall preclude all further and wantonly, merely for the purpose of delay,
amendment and debate, and shall be in this form: and until he should see such a spirit manifested
"shall the main question be now put?" when on here, he was not inclined to favor any further
taking the previous question the Convention shall change. He denied that the least inconvenience
decide that the same shall not now be put, the had as yet resulted from the amendment. He
main question shall be still under consideration, disputed the correctness of the operation of the
and if the previous question is sustained, the rule as illustratedby Mr. Blakistone, and thought
main question shall be on the adoption of the it was a reflection upon the Convention, to supproposition under consideration, and in cases pose that a minority would trifle with the time of
where there shall be pending amendments, the the body, or offer amendments for the purpose
question shall be first taken upon such amend- of defeating its action. The evil complained of
ments in their order, and without further debate by the gentleman, (Mr. Blakistone,) was as yet
or amendment.                               quite speculative, and it would be time to apply
Mr. B. in support of his motion, referred the remedy when the evil was known to exist.
to the changes which had taken place in the rule  As to the defect in the twenty-ninth rule, Mr.
which regulates the previous question, by the B. read an amendment which heintimated,would
18




138
perhaps, obviate the difficulty, and he explained at this time, by unanimous consent, the article
its purport.                               which he had reported on Saturday last, from the
Mr. BISER with a view to allow an opportunity Committee No. 14, on the subject of master and
of testing the practical operation of the existing slave.
rule, moved to lay tie motion to amend on the  The report was read as follows:
table, but withdrew the motion at the request 
of-          -.<'"The relation of master and slave in this State
Mr. BLAKISTONE, who replied to Mr. Brent.  shall not be abolished, unless a bill to abolish the
After some further remarks from Mr. BRENT, same shall be passed by a unanimous vote of the
The motion to lay the proposition of Mr. members of each branch of the General AssemBLAKISTONE, on the table, was renewed, and was bly, and shall be published at least three months
decided in the affirmative-ayes 40, noes 30.  before a new election of delegates, and shall be
So the proposition was laid on the table.  confirmed by a unanimous vote of the members
of each branch of the General Assembly, at the
THE LEGISLATIVE DEPARTMENT.         next regular constitutional session, after such new
Mr. PRESSTMAN, from the committee on the election, nor then without full compensation to
legislative department, submitted the following the master for the property ofV which he shall be
additional provisions:                     thereby deprived."
"No person shall be imprisoned for debt.   Mr. JENIFER said, he supposed that the Con"The Legislature shall not pass any law abol- vention would not occupy more than five minutes
ishing the relation of master and slave, as it now  in the discussion of this report. It was a mere
exists in this State.                      re-enactment of the provision of the old Consti"That the Legislature at its first session after tution. It had been reported under the unanithe adoption of the Constitution, shall appoint mous sanction of the committee, and there would
one Commissioner to revise, digest and arrange not, he presumed, be a dissenting voice in the
the statute laws of the State, civil and criminal. Convention. The prompt and ready action of the
and one commissioner to revise, simplify and Convention upon a proposition which hebelieved
abridge the rules and practice, pleadings, forms would unite all voices, would be attended with at
and proceedings of the courts of record of this least this advantage-it would shew that one deState.                                      cisive step had been taken towards the enactment
"The Legislature shall have power to protect of a new Constitution.
by law from forced sale, a certain portion of the  Mr. BOWE said, he hoped thathis friend from
property of allheads of families.           Charles (Mr. Jenifer,) would consent to let this
"Taxation shall be equal and uniforthrough- mreport lie on the table for the present. He (Mr.
out the State."                   through-  B.) much preferred the substance of the order
introduced a day or two since, by the gentleman
Mr. P. repeated the statement which had been from Baltimore city, (Mr. Presstman,) which demade on a former day by the Chairman of the clared that the legislature should not have the
Committee on the Legislative Department of the power to abolish slavery in this State.
Government, (Mr. Johnson) that it was under-  Mr. JENIFE  repeated the statement he had
stood that no member of the committee was in made, that the report had been made by the
any way bound to adhere to the provisions re- unanimous vote of the Committee.
ported.                                       Mr. BowIE said, he was not the less opposed
Mr. STEWART, of Baltimore city, (to the Pre- to it on that account. He thought that the Legsident.) Will the report go on the journal un- islature had just as much right to take his farm
der the order adopted yesterday?           and give it to another man, by a unanimous vote,
The PRESIDENT. It will go upon the journal, as they had to take any other property. He
and also be printed in bill form.           could see no distinction between the two cases.
Mr. JOHNSON suggested whether it would not if no other gentleman, (continued Mr. B.) moves
be well that all the reports should go upon thea substitute, I will.
journal, including those which had been made  Mr. JENIFER. I think my friend from Prince
before the order of yesterday, as well as those George's, (Mr. Bowie,) on looking over the rewhich might be made subsequently?           port, will find that the provision is as compreSome conversation followed, in which Messrs. hensive as any thing can be.
SPENCER, COST JOHNSON and the PRESIDENT took  Mr. BOWIE. My objection to the clause is not
part, when                                  captious. I do not quarrel with the phraseology,
Mr. McLANE suggested that the reports refer- but with the idea. I regard it, as contrary to
red to should be recorded on the journal when the bill of rights. I hold that no State or Govthey came up for consideration.             erment'has the right to take private property,'Ordered accordingly.                     except for public use, and then only upon comMr. BROWN moved that the Convention pro- pensation made. I hold that the Legislature
ceed to the consideration of the order of the day has no right from mere motives of caprice, mere-the Report of the Committee on the Executive ly in the exercise of a false and arbitrary power,
Department-but waived the motion at the re- to deprive a citizen of his property, and that it
quest of Mr. JENIFER.                       can only be done when the exigencies of the
MASTER A.  SLATE.Government require that that property should be
converted to its own use. I say, I know of no
Mr. JENIFER asked the Convention to take up principle short ofthat, upon which this power can




139
be exercised. If the whole Legislature of the did not engraft this very provision on the ConstiState, by one compact, unanimous vote, should tution.
undertake to invade private rights, I will never  Mr. BaowN. It was placed there at my in
give my sanction to the proceeding. Therefore, stance.
1 desire to strike at the root of this power, and  Mr. JENIFER. The clause makes this princito substitute for the report of the committee, the pie in fact a part of the Constitution, which canprovision reported by the gentleman from Balti- not be altered except by another Constitution.
more city, (Mr. Presstman.) He has struck the Does the gentleman mean to say that we are to
idea precisely. If the State of Maryland needs make a Constitution which shall remain for ever
the use of our slaves, she can have them, just as just as it is-that it shall never be altered or
she can have any other property. But I will changed? I shall say no more now; but, as the
neverconcede that the Legislature can take away report has not been printed, I am willing that its
private property, except for public use, although further consideration shall be postponed to Monevery other member of this Convention should day next.
sanction the doctrine.                       Mr. BROWN. I desire that the gentleman should
Mr. BRENT, of Baltimore city. Willthe gen- understand the point of my remarks. I say that
tleman read' his substitute?               if the amending power of the new Constitution
Mr. BowIE. I have not: yet offered it, but I remains with the Legislature, the co urse of the
shall do so, unless the gentleman, (Mr. Jenifer,) gentleman from Charles, (Mr. Jenifer,) will be all
will consent to let the report lie over.   right. I do not take back a word I said in 1836.
No, I would strengthen it if I could.
Mr. BROWN. This debate is altogether pre-  The further consideration of the subject was
mature, and I do not think the point of the case then postponed until Monday next.
is seen by either gentleman. The report of
the gentleman from Charles, (Mr. Jenifer,) is               THE HALL.
copied from the provision of the existing Constitution, which declares that the relation of mas-  Mr. BRENT, of Baltimore city, from the comter and slave shall not be changed except by an mitee heretofore appointed on the subject of the
amendment of the.Constitution. Now, suppose furnaces, &c., made the following report, which,
that when we make our Constitution. we do not after a few words of explanation from him, was
leave the amending power with the Legislature, adopted:
and I for one, shall go against leaving it with  Ordered, That this House will on Friday
them-no Government has a right to take pro- next, adjourn to the Monday following, in order
perty except for public use; but does not the to allow the furnace to be repaired, and that the
gentleman from Charles, see that if we make a committee appointed to superintend the comfort
Constitution by which the right of the Legisla- of the Hall, be authorised to contract with some
ture to amend, is taken away, a portion of this suitable person to examine and repair the furreport falls to the ground. Or, is the gentleman nace and to ventilate the room properly."
willing to say that the Legislature shall have the  Mr. BROWN moved that the Convention propower to amend as to one particular species of ceed to the consideration of the report of the
property, and as to no other? I want to take committee on the executive department.
that power away. I think the best plan would  This motion led to some conversation as to the
be to lay this proposition on the table until we order of business, between Messrs. SPENCE,
can see what the Convention will do with the BLAKISTONE PHELPS, G.ASON and the PRESamending power.                             DENT, after which, on a suggestion made by
Mr. BowiE. I now offer my. substitute.      Mr. TUCK, that the Convention proceed to the
The substitute was read as follows:       consideration of the report of the committee on
"The Legislature shall not pass any law to the elective franchise;
abolish the relation of master and slave as it now  Mr. BROWN withdrew his motion.
exists in this State."                        Mr. TUCK then submitted his motion.
Mr. JENIFER. If I could perceive that the sub-  The first section of the report was then read.
stitute proposed by the gentleman from Prince  A desultory conversation followed as to the orGeorge's, (Mr. Bowie,) would be of jany greater der of proceeding.
effect than'the provision which I have reported,  Mr. DoRSEY suggested that the report should
I would not object to its adoption. I shall not, lie over, so as to give gentlemen an opportunity
under present circumstances, press this question of examining the printed report as it came from
to a vote. I rose merely for the purpose of say- the committee of the whole, and he made a moing, that if the gentleman from Prince George's tion to that effect.
supposes that the committee in directing this re-  Mr. TUCK. I suggest to the gentleman to name
port to be made, contemplated any thing like a a day-say to-morrow.
sanction to an infringement upon the rights of  Mr. DORSEY. I accept the suggestion.
the citizen, or that they would not guard those  Mr. BRENT, of Baltimore city, opposed the
rights with as strong a will and as devoted a pur- postponement, on the ground that it would be
pose as the gentleman himself, he is greatly mis- better that the Convention should goon and comtaken. The committee believed that the clause, plete one part of the Constitution, before com-:as it now stands, was as stringent as it could be mencing on another.
imade. And I am very much mistaken if the     Some conversation followed between Messrs.
gentleman from Carroll, himself, (Mr. Brown,) BRENT, of Baltimore, and CHAMBERS, of Kent.




140
COMMITTEE OF REVISION.          ken up now, the debate upon it may occupy a
month; whilst if its consideratior. is postponed
Mr. JOHNSON said he had been a good deal ab-. until other subjects have been disposed of, the
sent from the Convention, and now, for the first Convention, under the pressure of an earnest detime, saw'the report of the committee on the sire on the part of the members to go home, will
elective franchise, as it had come from the hands be content with a much shorter discussion.
of the committee of thewhole. I was about to  Mr. BowiE. Itseems to me to bemost appromake a suggestion, (continued Mr. J.) which, if priate that the bill of rights should be taken up
it should meet the views of more experienced first. Our Constitution is to be grounded upon
gentlenen, will, I think, have a salutary effect on the great fundamental principles of liberty, set
the business of this Convention. Itis that acom- forth in that declaration. It is important first
mittee of revision be appointed, whose duty t to settle the great cardinal republican principles
shall be to take charge of bills after they have upon which we will base a Constitution, before
been reported from the committee of the whole, we attempt to raise the superstructure. Othercorrect and, if need be, condense their phrase- wise, we may have conflicting provisions. I know
ology, and report them back for the action of the of no subject on which we all agree better than
Convention.  If objection is made, I will with- on these general abstract principles embodied in
draw the resolution.                       the bill of rights. A few amendments may perThe PRESIDENT intimated that such a resolu- haps be offered, but'not many. -I have, myself,
tion pending, a motion to postpone was not in none to propose. I hope we shall take up the
order.                                     bill and continue its consideration, until wehave
Mr. JOHNSON waived his motion for the pre- finished it. I cannot concur with gentlemen in the
sent.                                      idea of taking up things by piece-meal. Let us
THE ELECTIVE FRANCHISE.          take up one subject at a time, and continue upon
it until it is disposed of. If we come to that deThe question then recurred and was taken on termination, we shall move on in something like
the motion to postpone the consideration of this harmony and order-efficient order.
report, and it was decided in the affirmative.
So the further consideration of the report was     COMMITTEE OF REVISION.
postponed until to-morrow.'      Mr. JoHnsoN desired at this time to offer the
THE BILL OF RIGHTS.            order indicated by him, providing for the appointMessrs. BLAKIsToNE and BROWN moved that ment of a committee of revision. If the resoluthe Convention proceed to the consideration oftion gave rise to debatehe would,he saidwiththe bill of rights.
Mthe-s Il fe rhso.e-obfetin to that'o Mr. BLAKISTONE, for the'moment, withdrew
Mr. PAhRKE. I feel someobjection to hat mo- his motion to proceed to the consideration ofthe
tion, because, having given notice of amendments 
which have not yet been, printed'for the use of bin of rights.
the Convention, I shall enter upon the conside-  Mr. JOHNSON then ofered' a reolution providration of the subject at a disadvantage. I thinkng for the appointentof a committeeor the
it would be better to postpone the consideration purose he had indicated.
f the bill, though if it is the pleasure of the  Mr. JENIFER, enquired of what number the
committee" should   be composed.
Convention now to take it up. I supposel can committee should be composed.
send to the Printer and withdraw  my amend-    Mr. RANDALL suggested that it shouldonist
menthas trepofrom his thands.      - co.ite'n of the Chairmen of all the committees.
mdents from his hands.
Mr.         t TUCK. Probably thie gentleman's amend-  Mr. JOHNSON said, that as'Chairman of one of
ents do not cProbably in'at the'firsgentlemanrt amend- the committees, (the committee on the legislative
obill.                                     department,) he must ask to be excused, as he.  ould be unavoidably absent for some time.
Mr. PARKE.'One of them is an amendment to  Some conversation arising, Mr. JOHNSON withthe preamble.                              drew the resolution,
SEVERAL VOICES. "Well, then, the question            THE BILL OF RIGHTS.
on the preamble will be taken last!"'Mr. GRASoN.   was willing that the report of  The motion was then renewed that the Conthe committee on the elective franchise should vention take up this bill.
be taken up and finally acted upon, but as it is  The motion having been agreed to, the Conpostponed, I think that the Convention should vention proceeded to the consideration of the
now proceed with the regular order of business. following report', submitted by Mr. DoasEY, on
That is -the report of the committee on the exec' the 11th instant, as Chairman of the Committee
utive department. I think the bill of rights one on the
of the very last subjects which should be consid-    DECLARATION OF RIGHTS.
ered by the Convention. After we have framed
the other parts o'fthe Constitution, and' have de-  We, the Delegates of Maryland, in Convencided what powers shall be veSted in the'differ- tion assembled, taking into our most.serious conent departments of the government-legislative, sideration, the best means ofestablishing a good
executive. and judicial-we shall be better ena- Constitution in this State, declare:
bled to judge what provisions should be placed  igrticle 1. That all government of right origiin the''bill of rights for the purpose of restrain- nates from the people, isfounded in compactonly,
ing them. Besides, I think, that if the bill is ta- and instituted solely for the'good of the whole.




141
Art. 2. That the people of this State ought to  J/rt. 13. That paupers ought not to be ashave the sole and exclusive right of regulating sessed for the support of Government, but every
the internal government and police thereof.  other person in this State, or person holding pro-.Jrt. 3. That the inhabitants of Maryland are perty therein, ought to contribute his proportion
entitled to the common law of England, and the of public taxes, for the support of Government,
trial by jury according to the course of that law  according to his actual worth in real or personal
and to the benefit of such of the English statutes property; yet fines, duties or taxes may properly
as existed at the time of their first emigration, and justly be imposed or laid, on persons or proand which by experience have been found appli- perty, with a political view, for the good governcable to their local and other circumstances, and ment and benefit of the community.
of such others as have been since made in Eng-  /rt. 14. That sanguinary laws ought to be
land or Great Britain, and have been introduced, avoided, as far as is consistent with the safety of
used and practiced by the courts of law or equi- the State; and no law to inflict cruel and unusuty, and also to all acts of assembly in force on al pains and penalties ought. to be made, in any
the first Monday of November, 1850, except such case, or at any time hereafter.
as may have since expired, or may be altered byretrospetive laws                nihi
acts of-this Convention, or this Declaration of            re               la
acts committed before the existence of such laws,
Rights, subject, nevertheless, to the revision of, and by them only declared criminal, are oppresand amendment or repeal by the Legislature of sie, unjust and coy them ony declared criminal, are oppresthis State, and the inhabitants of Maryland are sive, unst and ncompatible with liberty, where
also entitled to all property derived to them from, no e pht no law to ata  a a  e.u/ft. 16. That no law to attaint particular peror under' the charter granted by His Majesty, sons of treason or felony, ought to e made in any
Charles the First, to Caecilius Calvert, Baron of sons of treas e, oght to be   in any
~~Baltimore.' -~                    ~ ~ case, or at any time hereafter.
Baltimore.
Jlrt. 4. That all persons invested with the Leg-. rt. 17. That every free man, for any injury
islative or Executive powers of Government, are done to him in his person or property, ought to
the trustees of the public, and as such, accounta- have remedy by the course of the law of the land,
ble for their conduct; wherefore, whenever the and ought to have justice and right, freely withends of Government are preverted, and public out sale, fully without any denial, and speedily
liberty manifestly endangered, and all other without delay, according to the law of the land.
means of redress are ineffectual, the people may,.srt. 18. That the- trial of facts where they
and of right ought to reform the old or establish arise, is one of the greatest securities of the lives
a new government; the doctrine of non-resistance liberties and estate of the people.
against arbitrary power and oppression is absurd, J/rt. 19. That in all criminal prosecutions,
slavish and destructive of the good and happiness every man hath a right to be informed of the acof mankind.                                cusation against him;to have a copy of the in-.Jft. 5. That the right of the people to partici- dictment or charge, in due time (if required) to
pate in the Legislature is the best security prepare for his defence; to be allowed counsel, to
of liberty, and the foundation of all free govern- be confronted with the witnesses against him; to
ment, for this purpose elections ought to be free have process for his witnesses; to examine the
and frequent, and every free white male citizen witnesses for and against him on oath; and to a
having the qualifications prescribed by the Con- speedy trial by an impartial jury, without whose
stitution, ought to have the right of suffrage.  unanimous consent he ought not to be found
J.rt. 6. That the legislative, executive andjudi- guilty.
cial powers of Government ought to be forever  Jrt. 20. That no man ought to be compelled
separate and distinct from each other.      to give evidence against himself in a court of
Art. 7. That no power of suspending laws, or common law, or in any other court, but in such
the execution of laws, unless by or derived from  cases as have been usually practised in this State
the. Legislature, ought to be exercised or al- or may hereafter be directed by the Legislalowed.                                     ture..'rt. 8. That freedom of speech and debates,.Jrt. 21. That no freeman ought to be taken
or proceedings in the Legislature, ought not to or imprisoned, or disseized of his freehold, liberbe impeached in any court of judicature.   ties or privileges, or outlawed, or exiled, or in.lrt. 9. That Annapolis be the place for the any manner destroyed, or deprived of his life,
meeting of the Legislature; and the Legislature liberty or property, but by the judgment of his
ought not to be convened or held at any other peers, or by the law of the land.
place but from evident necessity..        Art. 22. That excessive bail ought not to be.lrt. 10. That for the redress of grievances, required, nor excessive fines imposed, nor cruel
and for amending, strengthening and preserving or unusual punishment inflicted by the courts of
the laws, the Legislature ought to be frequently iaw.
convened.                                    Art. 23. That all warrants, without oath, or.Art. 11. That every man hath a right to peti- affirmation, to search suspected places, or to
tion the Legislature for the redress of grievances seize any person or property, are grievous and
in a peaceable and orderly manner.         oppressive; and all general warrants to search
Jlrt. 12. That no aid, charge, tax, burther, fee suspected places, or to apprehend suspected peror fees, ought to be set, rated or levied, under sons, without naming or describing the place, or
any pretence, without the consent of the Legis- the person in special, are illegal and ought not to
latureo                                     be granted.




142
Art. 24. That there ought to be no forfeiture contract, to maintain any place of worship or
of any part of the estate of any person for any any ministry.
crime, except murder or treason against the   J At. 34. That every gift, sale or devise of
State, and -then only on conviction and attainder. lands, to any minister, public teacher or preacher.Art. 25. That a well regulated militia is the of the gospel, as such, or to any religious sect,
proper and natural defence of a free Govern- order or denomination, or to, or for the support,
ment.                                       use or benefit of, or in trust for any minister,
Art. 26. That standing armies are dangerous public teacher or preacher of the gospel, as such,
to liberty, and ought not to be raised or kept up or any religious sect, order or denomination, and
without consent of the Legislature.         every gift or sale of goods or chattels, to go in
Atrt. 27. That in all cases and at all times, the succession, or to take place after the death of
military ought to be under strict subordination the seller or donor, to or for such support, use
to, and control of the civil power.         or benefit; and also every devise of goods or
Art. 28. That no soldier ought to be quartered chattels to or for the support, use or benefit of
in any house in time of peace without the consent any minister, public teacher or preacher of the
of the owner, and in time of war, in such man- gospel, as such, or any religious sect, order or
ner as the Legislature shall direct.        denomination, without the leave of the LegislaArt. 29. That no person except regular ture, shall be void; except always any sale, gift,
soldiers, mariners and marines, in the service of lease or devise of any quantity of land, not exthis State, or militia when in' actual service, ceeding five acres for a church, meeting or othet
ought in any case to be subject to, or punishable house, of worship, and for a burying ground,
by martial law.                             which shall be improved, enjoyed, or used only.rt. 30. That the independency and upright- for such purpose; or such sale, gift, lease or deness of Judges are essential to the impartial ad- vise shall be void.
ministration of justice, and a great security to the  fft. 35. That no other test or qualification
rights and liberties of the people; wherefore the ought to be required, on admission to any office
Chancellor and Judges shall not be removed ex- of trust or profit, than such oath of support and
cept for misbehavior, on conviction in a court of fideljty to this State and the United States, and
law, or by the Governor, upon the address of such oath of office as shall be directed by this
the General Assembly; provided, that two.thirds Convention, or the Legislature of this State.
of all the members of each House, concur in such  t. 36. That the-manner of administering an
address; that salaries, liberal, but not profuse, oath to any person ought to be such as those of
ought to be secured to the Chancellor and Judges the religious persuasion, profession or denominaduring the continuance of their commissions, intion of which such person is one, generallyesteem
such manner and at such time as the Legislature the most effectual confirmation by the attestation
shall hereafter direct, upon consideration of the of the Divine Being; and that the people called
circumstances of this State; no Chancellor or Quakers, those called Tunkers, and those called
Judge ought to hold anyother office, civil or mil- Menonists, and all others conscientiously scrupuitary, under the Constitution or Laws of this lous of taking an oath on any occasion, ought to
State,or of the UniStatetates, or of any member be allowed to make their solemn affirmation in
thereof, or receive fees or perquisites of anykind the manner that Quakers have been heretofore
for the discharge of his official duties.   allowed to affirm, and to be of the same avail as
rt. 31. Thatm  - long- can oath, in all such cases as the affirmation of
ect. 31. Tdhat a long cntinuance in the first Quakers hath been allowed and accepted within
executive departments of power or trust, is dan- his State, instead of an oath. And on such afgerous to liberty; a rotation, therefore, in those fimation, warrants to search for stolen goods, or
departments is one of the best securitiesof per- the apprehension or  ommitment of offenders,
manent freedom.
manent freedo m.no perso ought to hold at th ought to be granted, or security for the peace
rt. 32. That no person ought to hold at the awarded, and Quakers, Tunkers, Menonists and
same time more than one office of profit, created such others ought also, on their solemn affirmaby the Constitution or Laws of this State; nor tion as aforesaid, to be admitted as witnesses in
ought any person in public trustto receive any all criminal cases.
present from any Foreign Prince or State, or from   a. 37 That the city of Annapolis ought to
the United States, or any of them, without the have all its rights, privileges and benefits, agreeapprobation of this State.       able to its charter, and the acts of Assembly conJrt. 33. That as it is the duty of every man to firming and regulating the same; subject, neverworship God in such manner as he thinks most theless, to such alterations as have been made
acceptable to him, all persons are equally enti- by the Legislature or as may be made by this
tled to protection in their religious liberty; where- Convention or any future Legislature.
fore, no person ought by any law to be molested  Arft. 38. That the liberty of the press ought to
in his person or estate, on account of his religious be invioably preserved.
persuasion or profession, or for his religious prac-  Art. 39. That monopolies are odious, contrary
tice, unless under color of religion, any man shall to the spirit of a free government and the princidisturb the good order, peace or safety of the pies of commerce, and ought not to be suffered.
State, or shall infringe the laws of morality, or  Art. 40. That no title of nobility or hereditary
injure others in their natural, civil, or religious honors, ought to be granted in this State.
rights; nor ought any person, to be compelled to  Art. 41. That this Declaration of Rights, or
frequent or maintain or contribute, unless on the Form of Government to be established by




143
this Convention, or any part of either of them, have suggested the propriety of presenting it to
ought not to be altered, changed or abolished, certain other articles, or as an additional one to
but in such manner as this Convention shall pre the report of the committee, that he had weighed
scribe and direct."                        well the purport of his amendment, and after
The report was read through, and was then mature reflection thought, (and he had as yet
taken up by sections.                     seen no reason for a change of that opinion,) that
being under consider n as there was a peculiar and fitting appropriateness
The first article being under consideration as in the position where he now sought to place it.
follows:                                  He did not think that the provisions ofthe 4th or
"i Art. 1. That all government of right origi- 41st articles,' in the report f the gentleman from
nates from the people, is founded in compact on- Anne Arundel,(Mr. Dorsey,) embraced the prinly and instituted solely for the good of the eiple he sought to engraft upon the bill of rights;
whole."                                   one looks to the naked revolutionary right which
Mr. PRESSTMAN moved to amend said article exists under all governments in the people,
by adding at the end thereof, the following:  to resist tyranny and throw off the yoke of op"And they have at all times the inalienable pression  The language employed in that artiright to alter, reform, or abolish their form of cle is "that wheneverthe ends of government
government, in such manner as they may think are perverted, and the public liberty manifestly
expedient."                      -        endangered, and all other means of redress are
ineffectual, the people may, and of right ought to
Some conversation followed between Messrs. reform the old or establish a new government."
PARKE, BISER and PRESSTMAN as to the most ap- And that, sir, is the identical language of the prepropriate place for the amendment.        sent bill of rights of Maryland. The other refers
Mr. CHAMBERS had hoped, after occupying so to the mode of change which this Convention
much of the attention of the House on matters ay or may not adopt, when we come to estab
may or may not adopt, when we come to estab.
more immediately confided to his care, to take lish the Constitution itself. Possibly, sir, that
no part in the debate on the bill of rights. But mode may be the one now prescribed by the 59th
he felt it to be his duty, and he supposed every articleofthe existing Constitution, which deother member did also, to understand what he dares "that no change shall be' made without the
was about.                                vote of two successive Legislatures." He was
The second article of the bill, as reported, re- admonished by the lessons of experience, that the
cognizes fully the right of the people-the sole people, in, trusting to that mode, had for years
and exclusive right-to regulate the internal go- leaned upon a broken reed, which. had pierced
vernment of the State. What more is to be the them. He hoped never to hear again of legiseffect of this amendment? If it is designed to lative reform. He could see in that, nothing but
admit the power and right of the people in a con- disappointment,stitutional and legal mode, to effect changes in    rn     i f fure fi
the government, it is submitted that this is already there, in terms as strong as language can ex  Before making a more explicit annunciation of
press it. Is any other power intended? Is it to the object of his amendment and the doctrine
countenance the doctrine that under any sudden it contained, he wished to relieve himself of
impulse, regardless of the legal forms which they the effect of an impression which seemed to be
themselves have prescribed, and by any tumultu- in the mind of the gentleman from Kent, that
ous movement, the people might rise and by vio- this was an unmatured proposition. He had
lence effect a change in the existing government? nothing of that kind to say in extenuation of his
If that was the power intended to be asserted, he position. What he had done, he had done with
denied that it had ever been recognized by any deliberation. The uncertainty which had existgovernment.  The exercise of such a power edas to the true construction of the present bill
would be fatal not only to property, but to the of rights and Constitution, when taken separatelife of every citizen. It could not fail ultimately ly or as a whole, as to the time when, and the
to be exerted by a lawless and infuriated assem- means and measures required to effect a change
blage. He hoped the gentleman who offered the bythe people in their organic law, and above all,
amendment would explain his object. We had the unwillingness of many to recognize this inahitherto lived happily under the present bill of lienable right in them, except in a manner and
rights, which has; been every where respected, form so mutilated, as to peril, if not to deny its
and if we are to adopt a new principle by which very existence, impelled him to insert the princiany self-constituted body of men choosing to call pie contained in his amendment as a cardinal one,
themselves "the people," can assume the power in clear and unambiguous language, in the bill of
to subvert, when and as they please, the whole rights now to be adopted, and that, too, unresocial and political fabric, let us at least under- strained by the terms employed in the present
stand it. Let it be in terms plain and distinct, bill of rights. The phraseology of the present
that neither this Convention or those who are to article, stringent as it is, implying, in the minds
pass upon our work, may be in any doubt or er- of some men, no change short of a revolution by
ror in regard to it.                      physical violence. He regarded the principle of
Mr. PRESSTMAN said:                     peaceable revolution, (such as that now going on)
That when he offered the amendment to the as a precious one; it would be a jewel that would
first article of the bill of rights, he would take attract the affections and confidence of the peooccasion to say to the several gentlemen who ple, if placed in our bill of rights, while, without




144
it, sir, that bill of rights would be but an empty Bear in mind, sir, no other mode is prescribed in
casket, unseemly and valueless. Change without the Constitution of Virginia and several other
civil war-adaptation of the government to the States of the Union, forthe reform or alteration
wantsofthe people without-bloodshed! This, oftheirorganiclaw. Allis wisely left to the
sir, is the whole end and purpose of my amend. wisdom, patriotism and sound common sense of
ment. But, sir, the gentleman from Kent, (Mr. the people. Did the illustrious men who framed
Chambers,) "scents treason in the wind." This that Constitution contemplete abloody revolution
does not surprise me, neither would it fright me as the appropriate mode? It is not for us to set
from my propriety, if he should discover "itwas limits upon the action of the people. Let not the
flat burglary." The amendment he had offered agent lord it over his principal.
was like the line and plumet, it would separate  In the Virginia Convention of 1830, the followthe reformers and the anti-reformers of that body, ing resolution was offered:
and with great deference, he placed the gentle-  "Resolved, That in the opinion of the commitman from Kent at the head of the latter. He had tee that the Constitution of this State ought to
been called upon to unveil the monster which be so amended, as to provide a mode in which
which lurked under the drapery, of his amend- future amendments shall be made therein."
ment..Now, sir, let me first premise if the principle  It was voted down, ayes 28, noes 68.
is a good one; if it be just and true, let it be in-  John Randolph addressed the Convention in
serted in the bill of rights. Nothing that he opposition to its adoption, in the following sigcould'say, would add to its intrinsic merit, and nificant language. "I shall vote against this ressurely it should not be allowed to lose its force olution, and I will state as succintly as I can, my
by any attempt on his part to illustrate it. But, reasons for doing so. 1 believe they will in subsir, the gentleman from Kent, in putting inqui- stancebe found in a very old book, and conveyries, seeks a full and frank disclosure of the ed in these words,'sufficient unto the day is the
scope and objects designed by me. The Con- evil thereof.' Sir, I have remarked since the
vention will remember this amendment was of- commencement of our deliberations, and with
fered without comment, and he was willing that no small surprise, a very great anxiety to prothe Convention should vote "aye"or"noe" upon it, vide forfuturity. Gentleman, for example, are
as the principle itself should inspire confidence not content with any present discussion of the
or alarm. The gentleman from Kent, has in- Constitutiou, unless we will consent to prescribe
deed taken high ground; he denies, with great for all time hereafter. I had always thought
emphasis, that such a principle has been adopted him the most skilful physician, who, when called
in any form of Government, with which he has to a patient, relieved him of the existing malady
been acquainted, that it is a monstrous proposi- without undertaking to prescribe for such, as
tion. Before this discussion closes, he will per- might by possibility {endure thereafter." And
haps recognise his present position, while hold- yet, sir, in the face of all this, gentlemen say the
ing a seat on this floor, as alone justifiable in the necessity is urgent and cannot be avoided, that
doctrine of peaceable revolution, by the will of some mode of change must be fixed by the Conthe people, which he, (Mr. P.) was struggling to stitution. If so, which he denied, it would be
maintain. He will pardon the resort to the time enough to consider that after we had set
argumentum ad hominunm. The proposition sub- forth the bill of rights.
mitted by him was not an original one, either in  In the language of the bill of rights of Texas,
the idea or the language in which itris expressed. which, if report be true,dis the work of that illusIt shines in letters of living light upon the face trious statesman, John C. Calhoun,'and which, in
of many, if not the greater part, of the bills of its features show the chisel of a master's hand, is
rights of the several States of this glorious Union. the identical language embodied in my amendment
In the constitution of Virginia-themother of He had had it demanded of him, in terms and
States, as she has been justly styled-the follow- tones indicating anticipated annihilation, whether
ing language is employed:-"That government he designed to uphold the doctrine that the peois, or ought to be, instituted for the common bene- ple are not bound to adhere to the terms of the
fit, protection, and security of the people, nation compact to which they are parties. His plain anor community. Of all the various forms ofgov- swer was this: that no Convention that ever sat
ernment, that is best which is capable of produc- or ever will sit in this republican land have the
ing the greatest degree of happiness and safety, right to bind posterity. The people are omnipoand is most effectually secured against the dan- tent, and when they speak it is "the delegated
ger of mal-administration, and that when any voice of God.' The creature is not above the
government, shall be found inadequate or con- Creator. The compact is binding so long as the
trary to these purposes, a majority of the com- sovereignty who framed it, wills it and until remunity hath an indubitable, unalienable right to voked, is supreme over all and must be obeyed 
alter, reform or abolish it, in such manner as but it cannot survive one moment longer than
shall be judged most conducive to the public the people ordain that it should last.
weal." Indeed, sir, the absence of such a provi-  He held that the theory of compact between
sion in the several Constitutions constitute excep- counties in a State, or the minority with the mations. A similar feature to thathe had quoted is jority, requiring the assent of all to change their
to be found in the Constitutions of Maine, Ver- Constitution, to be founded in error-gross error.
mont and other of the older States, and it is in- There is but one party-the people. The majoricorporated in most, if not all of the new States. ty of the people can make or un make it. If




145
otherwise, then our ancestors who formed this mode and manner, as to evince,to the world that
Constitution must have expected that the right of it is the expression of a majority, no political
the majority could alone be secured. by blood- Canute can be found to stay:the onward tide of
shed-experience was not necessary to inculcate public sentiment; it will come to the practical
the lesson that a minority never surrender power test of public opinion, and as was admitted by
by voluntary action. Gentlemen will perceive, the gentleman from Kent in aformer discussion,
that the doctrine he was seekino to maintain, -when he held this Convention to be' unauthorized
was this, that the people had intelligence enough by any recognized form of law, that, neverthetd make or unmake a Constitution without a re- less, the Constitution which they should present,
sort to pikes and guns. Aye, sir!.without being none but a madman would dare oppose, after it
ground. to the earth by the iron heel of despo- had met the sanction of the people. He did not
tism'; without being the victims of tyranny; the expect that there would be found any man bold
people may, and of right ought to, alter their enough to say that such a movement should be
form of government, with a view "to the adop- put down by executive batteries.
tion of a better system of government; to avail f the roposition.... the prop':he soughtto maintain was
themselves of the improvements daily made in regarded as unsound, let somegentleman bring
the science of government; to keep pace with forward a proposition disaffirming it. The difthe onward progress of free principles. While ference between himself and those who opposed
he spoke, we were in the midst of a revolution, the amendment was this: They no doubt enternot only "bloodless as yet," but, to borrow a fa- tain a fear that if we recognize this principle,
miliar phrase, all is "'las calm as a summer's that the people have the right to alter ori change
morning."                                   their Constitution at will and pleasure; that they
Without the machinery of a legislative act,, or will abuse that right, and that it will be exerforms prescribed by the Constitution, he insisted, cisel without sufficient reason, and for light and
that the people might take'into their own hands trivial- causes. By' what authority' is this judgthe work'of reforming the Constitution, and they ment pronounced against the virtue and intelliwould be seldom found to act on light and trivial _ence of the people? iHe entertained no such
grounds. He supposed a case, that the people of opinion as to the great mass of the people. If he
Kent county chose to meet together for the pur- thought so he would'openly confess "that the
pose of framing a Constitution, and that nstru- great experiment which was being tried, wheth-ment was proclaimed by that' meeting and sub- er man was capable of self-government had provmitted to the people of the State, would they ed a miserable failure-. Gentlemen must not
have a right to' adopt it? and if assented to by confound the term people with that of mob. Give
the political power of the State, would it not be them, sir, a good Constitution, and they will apvalid' and binding? All forms'are mere matters preciate it asan unpurchasable treasure. They
of coriveience, and are not obligatory.    will cling the closer to it when the tempest of
Mr. CRISFIELD'asked by what process this Con- passion is aroused by demagogues, and in the
stitution of the people, if ratified, was to be car- fullenjoyment of liberty and happiness, they will
ried out?  How did he propose to ascertain if it not exchange the tried gold for the counterfeit
was ratified by a majority?                 presentiment.
He should come to:that presently, and in pass-  Mr. P. having concluded,
ing, need only say that when the gentleman from  Mr. CHAMBERS obtained the floor, but yielded
Somerset, (Mr. Crisfield,) and the, gentleman for. the moment to
from Kent, (Mr. Chambers,)' both. denying the'Mr. HICKS, who said he wished to offer.an
constitutional right of the Legislature, (as did the amendment, but:not to make a speech upon it.
party to which they belong, in, many a hard He desired simply to state that if the proposition
fought contest,) to pass the very act which call- of the gentleman from  Baltimore, city, (Mr.
ed this Convention into being, and likewise de- Presstman,) was adopted, that contained in his
fnying that "the ends ofJustice have been perver- (Mr. H.'s) amendment, must necessarily go
ted, and liberty manifestly endangered,(the rev- with it.
olutionary right,) and, pass through the fiery or-  Mr. H.'s amendment was read as follows:
deal with their robes unscorched; (it will not do  Amend said amendment by adding at the end
to say, that they hold their places by as good a thereof, the following:
title "as any one else," possession not _being a  "And that any portion of the people of this
good plea in foro conscientice,) it will be time Statei shall have the right to secede and unite
enough for them to set in judgment upon the themselves; and the territory occupied by them,
modes the people may hereafter adopt, to de- to such adjoining State as they shall elect."
clare their will, and when they do so declare,  Mr. CHAMBERs said in reply to the call for his
possibly,these gentlemen may be members of the opinion. Why if the people were supreme, the act
Convention.                                 convening the Legislature was not constitutional,
But, sir, for the sake of the great principle he he had only to repeat, as he had before said, it
would be more explicit. He held the doctrine was because the bill of rights and the constituthat the people-that is,.a clear and unquestion- tion positively forbid any change in the organic
able majority-have a right to determine in what law, except in the mode prescribed in the 59th
mode their will is' to be proclaimed, and permit' article. He did not mean to enter upon a dishim to say, that whenever' they shall speak in cussion of'the doctrines of the reform party. He
thunder tones and adopt a Constitution in such would, however, say, they take their origin long
19




146
since the period assigned by the gentleman, (Mr. themselves to his political vision, the most horriPresstman.) Many years rolled on and many ble was a mob, and as:he had before. said, such
changes in parties occurred before ever a whis- a doctrine, if sanctioned, would ultimately lead
per was heard that a Convention could be called'to that-the exercise of this lawless power by a
by a single act of the Legislature, and indeed:be- mob.
fore a Convention, called in any way, was heard  -He had been asked, Why ot provide fora Conof. As to the right of the people to administer, vention2 
reform or alter their Constitution whenever the  y           wasnot onlproper, bt itwas
maythink proper, he never doubted or denied ou      t u  do this. We represent the people
it.', No man in this age and country does or can  duty o  th. e   represet  the p eole
doubt ordeny it. He- asked if that was not we are forming the compact..  Now is thetime
genuine democratic doctrine. But h;ow was it to to do it, and if no one else does, (Mr. C.) said, he
genuine democratic doctrine. Buthowwas it to
be done?. When on this point Ithey compared pledged himself to offer aprovision -regulating
bedone? When on this point they compared -      s     ~.            r. Ths __de
notes,it would bea b                  d     the ondodheof calling a Con ention. This mode
crat than the gentleman was. I, (said Mr. C'.,) of proceeding had-'lately become quite fashgive more power to the people and say they can ionable, and if the god people of Mlaryland
prescribe-the'"how    ey can "bnd they ctm-  hse tfolw ihey          tbe ndulged.Only
selves." while he says they have no power to do let every thing be done "decnty and in order.'..et it be done according   to, the form of law.
so. The gentleman admits the language of his -Let b.  one     oin    to the frm of la ed
proposition is cloudy, and he says let those that   a C             y      i  
come after us find out for themselves its true propername a commission to  al it at plea
construction. No, sir, let us make ourselves sure-gve to the CityCouncil of Baltimore, if
clearly understood-let-every thing be plain, not it mt  so, the power to convene a Convena puzzle to those who are to come after us. The ti; but lt it  e doe  "according to the ConConstitution is not for lawyers and the courts stitutioandLawsoftheland."  Neversanction
only, but for all classes and'descriptions of: citi-the idea that anirrsposible sef-reatedo
zens.   t                                   I of men, excited by the fiercest passions, woundThe ist rticle in the bill of rights is in these  ed by defeat and disappointment, embittered by
The 1st article in the bill of rightsis inthese i P     ~        ~)     nnn
words,"allgovernment originates fromthe people,  arty colisions and animosities, ad enflaed b
isfounded in compact, and instituted solely for the slanesh sunprincpled  y-emagogue tolerate tiedea
good of the whole."  What' meant these words, madness as well as folly-never tolerate the idea
founded in compact."  Wh ere they seeles     that such an assemblage, itself the sole judge of
ItsUn~ed In                  owesersitson....s                                     own numbers; of its ow poa         own
No —but' full of meaning. Government was. aof its own powers, its own
compact and for. the whole. Yet, says the gen- mode of proceeding, without anyrule to guide or
tleman; a part  h may, at their will'and pleasure, any authority to restrain its action, but its own
tieman, a part may, at their will and pleasure, unbridled wl-is the power competentto ruleviolate its most solemn engagements. True it u     d wo ru
is,' there is no judicial tribune before whic  a to put down an existing government and found a
is,, there is no judicial tribune before which a
breach may be prosecuted, but the moral and new one. He described the proposition, with
political obligation to observe. its terms is none its "Gorgon head"as an alarming heresyudhic
the less for that.'    should be abjured by every wise and prudent
Mr. PRESSTMAN wished to hear the.reasons on                       a     a    
which thi view was founded. The gentlemn      Mr.          said, he was in far of both
from Kent admitted the right of the' people to these propositions, -and that if he were in his seat
right to change the compact?
right to change the compact?- >'            both with infinite pleasure. The first [continued
Mr. CHABERS epliedhe had. sai so in loti. Mr. J.] is a self-evident proposition.  I cannot'
Mr. CHAMBS r  epied, he  had said so in "totti see that it requires a moment's discussion. In
dem verbis," and he;now repeated.it. (Here, the nineteenth century, with thirty republican
with a pause after every word, he said in a very constitutions before our eyes in which it finds a
slow and deliberate manner.) I admit the right place, it is an axiom-and it is two late for me,
of the sovereign people to change the Constitu- at least, to discuss it. The history of our own
tion whenever they think proper to do so. Was country and of France, demonstrates thatoppresthat emphatic enough? But yet they must do it sion, intolerable oppression, may be thrown off
legally.                                    by the people whenever they choose to rise up
When they have themselves declared the in their majesty and assert their rights. It is a
mode and manner, and the only mode and man- power which cannot be taken away from the
ner, they must pursue it. Here they divided. people, and of which they cannot even divest
The gentleman says they may do it in despite of themselves  And if this Convention should form'the compact without Constitution or law, against a Constitution, one of the provisions of which 
Constitution and law. Well, he should not argue should declare it to be unalterable for ever-and
against this doctrine. He would as soon enter if that Constitution, thus stamped with a perinto an elaborate logical argument with the most petual existence, should be ratified by a- unaninervous, timid child, to persuade it to be alarmed mous vote of-the people of the. State of Marywhen suddenly brought into the immediate pre- land, it would be an absurdity..so: gross, that in
sence of a hideous monster, as he would, to, per-.fifty years hence or less,- when its provisions
suade the people that they ought to dread this might have ceased to be applicable to another,
political monster; and he wasfree to say that of and a different condition of things, the people
all the horrible monsters that ever presented -would cast it indignantly aside, andsubstitute for




147
it an organic law better suited to their wishes cannon. Revolution is alteration. We are in
and necessities.  Men would be worse than the progress of revolution at this moment. We
slaves if they were to hold themselves bound by are changing, or attempting to change a past
such decrees, or yield a tame acquiescence in state of things to a present, and a future; and I
them.                                     suppose that those who come after us will be as
The people are eternal-immortal. Govern- wise as we are, with all of our experience, and,
ment is immortal-though its peculiar form and at the same time, more than our knowledge. I
features must be changed, so as.to be adapted to pass over the first and second articles of the bill
the fluctuations of human life and the vicissi-of rights. The fourth article teaches revolutudes of human affairs. I will not go into a puz- tion. Human language cannot be stronger. It
zle. It is admitted that the people have a right teaches us that whenever the people are oppresto make, and to changetheir Constitution. I will sed, it is their high and holy duty to turn out
not go into dialectics to show, that when I admit their rulers and kick off a government that galls
a board principle, and say "yes, you may do this them. That duty is inscribed upon the decrees
thing for yourself to-day," 1 cannot, cripple and of the political Decalogue of Maryland. It is alinvalidate that very principle by adding, "but ready spoken. It is already proclaimed.
you cannot let the people do it for themselves to-  How then may you do this thing? If the peomorrow." I belong to no such school of tactics. pie have the power, and that is conceded, then I
If the people have the right to-day to change agree with the gentleman from Baltimore, (Mr.
their Constitution, they have the right to-morrow. Presstman,)that they will always have good sense
As their minds and the circumstances by which enough to exercise the power discreetly and wisethey are surrounded  change, they may so ly. It is not for me to'hold up the feeble light of
change their Constitution, as to give it a more my pale candle-it is not for me to confine withperfect adaptation to the new condition of affairs. in the compass of my own limited horizon, the
Take an illustration-it may, perhaps, at this desires, the hopes, the interests, the necessities
time of day, be regarded as an absurd one; but it of those who may follow me, and whose expanse
will answer for the occasion. Let us imagine all of vision may perhaps leave my own in comparathe departments of the government-legislative, tive darkness. The question is plain. I will
executive and judicial-conspiring to overthrow  not argue it.. I will vote "aye," from morning
the influence of the people, and to monopolise all to night, and from night to morning on such propower within their own hands. Is there a man positions. I recollect that when a boy, some
with a human heart beating in his bosom, or a twenty years ago, in the city of New York, the
mird that yet retains one lingering impression American Historical Society held a meeting for
of the great principles of human freedom, that the purpose of organization. I attended it. The
would not rebel-instantly, wildly rebel against venerable John Quincy Adams was made Presisuch outrages? The people-the people alone- dent, and the first duty was to form a Constituare to direct and control these things; and I will tion. Article.by article was adopted; and finally
not desecrate their cause by calling them a a young lawyer rose in his place, and offered an
"mob."                                    article, declaring that a majority of the society
Mr. CHAMBERS, of Kent, interposed and said, could change their Constitution whenever they
that he had applied the term to a certain class of pleased. He was about addressing the Chair,
lawless men, and hoped he was not understood when the venerable old man said to him, " Sir,
as applying it to all popular assemblies. If the itis useless to incorporate such an article in the
gentleman from Frederick, (Mr. Johnson,) had Constitution; for in the nineteenth century, in
understood him: as saying one word either in op- America, it would be ridiculous to assert a powposition to the right of revolution, or in relation er which no one dare deny, and in which the
to that right at all, the gentleman was mistaken. whole world concur.'
He was fighting a shadow. Whenever oppres-  Therefore, whether we insert in our Constitusion justified revolution, that was another affair. tion those declarations, as to what the people
Mr. JOHNSON, (continuing.) I wasnotanswer-; may do, or whether we do not insert them,
ing the argument. I do not intend to do so, nor they can, and will, whenever they are in a mato go into a skirmish. I consider the term inap- jority, correct the abuses of their government.
propriate to the people of Maryland. What is I say, they always will do it. There is not in
revolution? What'ismeant by the term? Let the wide world a people more forbearing, more
uscome to the meaning of words and define them. orderly, more law-loving, more attached to the
All change is revolution.                 true principles of republican government, than
Mr. CHAMB ERS, of Kent, (in his seat.) Forcible the people of this brave old State of Maryland.
charge.                                   If any evidence of this truth is needed, we have
Mr. JOHNSON, (continuing.) That is another but to point to the patient endurance with which
thingr  I am not to be drawn off in that way. I they have consented to live under their old Consay, revolution is change, alteration, mutation.  titution, without suffering themselves to be quickRevolution is going on daily, hourly, in our own ened to rash or evil acts.
nature. All the elements are in a state of revo-  But I will say no more. I rose to give an opinlution. The seasons gracefully revolve. I am  ion-not to make an argument. Nor do I desire
not going to discuss what is revolution. Let not to do so; for I do not believe that any converts
that be presented as a bug-bear here. It is not are to be made on this question by discussing it.
flood-it is not fire-it is not sword-it is not  Mr. BRENT, of Baltimore city, admitted that




148
the people had a right to change their Constitu- colleague if a company of individuals were to get
tion. No man could deny or fetter this right. together, and take possession of the polls, and apBut lhe entered his protest against some of the point the judges of election, would they not viodoctrines which had been laid down, and the ef- late the law, and render themselves liable to
feet of which might be the substitution of tyran- punishment? The ballot box wouldbe corrupted
ny in the place of our free institutions. Admit- by such conduct, and no one could foresee the
ting the abstract doctrine, the question is, who evils which would result from this kind of revoare the people of Maryland who are to be em- lution. The only way in which the people can
powered to make a Constitution?  Are they a secure future Conventions, without legislative
multitudinous assembly, or are they agents, legal- action, is to insert a provision that a Convention
ly elected by qualified voters?  It can only be shall be held every seven years; and if the legisascertained by the ballot-box who are the repo~ lature is not to be permitted to act, he could desitories of this power.  It is the ballot-box that vise no other mode by which it could be effectoverthrows all the abstractions of the gentleman  ed. Otherwise, it must be brought about herefrom Kent. He differed from his colleague who  after, as it had heretofore been, by an act of the
had expressed his opposition to the action of the legislature. There was only one other peacelegislature in framing a Constitution.      able mode, if such it could be called, that is, if
Mr. PRESSTMAN asked his colleague if he the people should rise in the majesty of their
thought there was no other way of obtaining a power, and present themselves in such overwhelchange of the Constitution, but by a legislative ming numbers that those who had been entrustact?                                        ed with the charge of the Government should
Mr. BRENT replied, there was none. All must quietly yield and abandon their posts without
be orderly and legally done. That done, he was rei stance.
ready to go with his colleague through all the  And then      the 
danger which was anticipated by some, from be-  The Convention adjourned until to-morrow
ginning to end.  But there was no other way, at 11 o'clock.
except through the law. How could it be proved that there was a majority of the people in favor of any movement, but through the ballot-box; 
and the ballots must be deposited by qualified voters, before legally appointed judges of elections,
and according to the prescribed forms; and when,     WEDNESDAY, January 29, 1851,
in this way, the votes of the people shall be given in favor of the Constitution on which we are  he Convention met at eleven o'clock.
now engaged, it will have all the power of an  Prayer was made by the Rev. Mr. GRIFFITH.
organic law. The influence of the people is om-  The roll was called, and a quorum being presnipotent, in a moral sense, at the ballot-box; and ent, the journal of yesterday was read and apin a physical sense, when a resort to violence.is proved.
resolved on. The majority which has made the  The PRESIDENT stated that reports from comcompact has the right to revoke it. It is not like mittees were now in order.
a compact made between two sovereign States;  No reports were made.
it'is an agreement made among each other, and 
therefore may, at any time, be changed by the M. Dors presente    the petition of James
people who made it  It is not like the laws of Sykes and others, praying that Howard District,
people who made it. It is yot libe - al                       tere atheI o
the Medes and Persians. It may be altered at of Anne Arundel county, may be made a sepaany time. If the people choose-to say thisCon- rate county, to e called "Howard county
stitution shall not be revoked, still the same peo-  he petition  i  ee re
ple may revoke it at any time by a resort to the
ballot-box, or by physical force. While he would  mittee on representation.
vote for the proposition, he differed from his col       moved its ren
league in his view of the manner in which the committee
Constitution may be altered. There wasno way  The  propriety of the reference was briefly
revolution? Adif here  spoken ton v  by Messrs. GWINN, BowIT, SMrITn
to ascertain the sense of the majority of the peo-  n to, by Messrs. G    B,      SIT
ple but by the ballot-box.                  and HARBINE.
-if un s w b r  one alllot-box.The- question was then taken and the petition
Mr. PRESSTMAN asked, supposing that the Leg-  Ts referred to aselect committee.  e
twas referred ton a select committee.
islature thought inexpedient to  call a Con-  The PRESIDENT announced the following genvention, was there no such thing as a peaceable tlemen as composing the said committee:
revolution? And if there is no provision insert  Messrs. DORSE  Bo30WIE, SMITH, HARBINE,
ed in the bill of rights to meet this case, the ef- nd RIc
feet would be, that, in such extremity, the people might be driven to a bloody revolution, which
if unsuccessful, would bring on all engaged in it,  Mr. MAGRAW called the attention of the Con-.
the penalty of treason. He wished to know if vention'to the order which had yesterday been
there was no mode of bringing about a peacea-  adopted, providing for an adjournment over Satble revolution?                             urday for the purpose of repairing the furMr. BRENT replied, that there was no such  naces.
thing as a peaceable revolution. He asked his  Mr, M. referred to the inoonvenience to whigh




149
those members were subjected, whose seats were Buncombe speeches made on propositions of this
in that quarter of the Hall opposite the commit- description, when:
tee room, by the constant passing and re-passing  The hour of twelve having arrived,
of members and others, and he moved the ap-  A motion was made by Mr. HARBINE, topostpointment of a committee of three, whose duty pone the orders of the day,' forthe purpose of disit should b'e to ascertain what alteration could posing of the pending question.
be made in the Hall that would add to the com-  The Convention refused to:postpone.
fort and convenience of the members.         And thereupon the Convention passed to the
Ordered accordingly.                     orders of the day.
The committee was ordered to consist of the           MASTER AND SLATE.
following gentlemen:.
Messrs. MAGRAW, DIRICaKSON, and SAPPING-    Mr. JENIFER, by general consent, called the
TON.                                        attention of the Convention, to, the proceedings
HOUR OF MEETING.               which had taken place yesterday on the report
of Committee No. 14, upon the relation of masMr. STEPHENSON offered the following or- ter and slave. The Convention would recollect,
der.                                       he said, that he had moved that the considera"Ordered, That from and after the third day of tion of the report be postponed until Monday
February next, this Convention will meet daily next. The committee had met last night, and
at 10 o'clock, A. M., except Mondays, on which were unanimously of opinion that it would be
day the hour of meeting shall be 11 o'clock."  better to accept the amendment of the gentleman
Mr. RIDGELY moved thatthe order he laid up- from Prince George's county, (Mr. Bowie,) in
on the table.'            l: lieu of their own report. The amendment proMr. HARBINE asked the yeas and nays, which posed by that gentleman, was in the following
were ordered, and being taken, wereyeas 35  words:
n ays 37.'               "The Legislature shall not pass any law to
So the motion was not laid on the tabl   ab abolish or change the relation of master and
Mr. WARE moved to amend the order by mak- slave, as it now exists in this State.'
ing the hour of meeting on Monday 12 o'clock.;:   The only words added by the committee, (conMr. STEPHENSON accepted the amendment.   tinued Mr. J.) are the words "or change," after
Mr. JOHN NEWCOMER moved to amend, by the word "abolish."
making the hour of meeting on Monday ten in-  Mr. BOWIE. That will do.
stead of twelve.                              Mr. JENiFER, continuing. I believe that this
Mr. STEPHENSON accepted the amendment.    will meet with the unanimous approbation of the
And by ayes 21, noes 34, the amendment was Convention. At the same time, I must say that
rejected.                                  in the judgment of the committee, the provision
The yeas and nays were called for by Mr. DA- which they had reported, did, in fact cover the
SHIELL, and after some conversation on a point of whole ground. They have instructed me, howorder, were taken, and were yeas 40, nays 37.  ever, to report the amendment, and I hope itwill
So the amendment was adopted.            be adopted.
Mr. MORGAN moved a call of the House.       Whilst I am on the floor, I will say that I
Mr. BUCHANAN seconded the motion.        hope we shall not hereafter hear any denunciaThe call was ordered, and the roll of the mem- tions as to the action of the committees of this
bers was called.                           body, unless gentlemen are' perfectly sure that
On motion of Mr. MCHENRY, all further pro- they stand in a position which entitles them to
ceedings on the call were dispensed with.  make charges of dereliction of duty. The meetAfter some further conversation, the reading ings of the committee, at the head'of which. I
of the resolution was called for, and its confused have been placed, have always been attended
phraseology, as amended, give rise tosome merri- by such members as were in the city, and last
ment.                                      night,. inclement as the weather was, the veneraMr. TUCK moved to amend by substituting the ble and distinguished gentleman from  Anne
hour of half-past eleven on Monday.        Arundel, (Mr. Dorsey,) was in attendance, as was.
The amendment was rejected.              also every other member. Every proposition'Mr. McMASTER moved to lay the whole sub- which has been referred to that committee, has
ject on the table.                         been considered, and though of course there have
Mr. STEPHENSON asked the yeas and.nays.  been differences of opinion, yet every subject has
Mr. MCMASTER withdrew his motion.        been acted on, so far as it was possible to act.
Mr. MORGAN renewed it.                   1 have felt it due to myself to make this brief
Mr. HARBINE asked the yeas and nays, which statement of facts.
were ordered, and being taken, were yeas 35,   hope the orders of the day will be postponed
nays 40.                                   to enable the Convention to act upon this reSo the subject was not laid on the table.  port.
The question recurred on the passage of the  The PRESIDENT. The Convention having reresolution.                                fused to postpone the orders of the day, the moMr. PHELPS proceeded to refer to the continual tion can only be received by unanimous conchanges of rules which the Convention made, and sent.
to the consumption of time which resulted from I [Cries of "consent"-"conse.nt."]




150
Mr. JENIFER. I think that as this is a mere  Mr. PRESSTMAN. 1 prefer that the amendisolated proposition, as to which, Ibelieve, there ment I have offered should speak for itself, bewill be great unanimity in the Convention, it will cause I might interrupt the gentleman longer
be well that we should act upon it at once, and than either of us should desire, by undertaking
show to the State and to the world, that this pro- to explain it. But I do mean to say, that the
position has met with but one response in this people have the right to say in what mode their
body.                                       Constitution shall be changed. I have never said
Mr. BOWIE. Let us take the vote.          that they should not determine that matter in a
Mr. SPENCER. I move that by unanimous con- legal mode, or in such "a manner as might be
sent, the orders of the day be postponed, for the consistent with the bill of rights. The difficulty
purpose of considering the report of the gentle- lies in this-what the legal mode is.
man from Charles, (Mr. Jenifer.)              Mr. DENNIS continued. The gentleman said
The motion was agreed to.                 "the people." If, bythat term he meant that the
The question then recurred on the adoption of entire people of the State had the right to change
the amended report of Mr. Jenifer.          their government in a manner, and according to
And, without debate, motion or question, the the provisions to which they themselves had asreport was adopteda nanimtously.            sented, then there was no dispute between them.
The PRESIDENT directed that fact to be enter- But if the gentleman meant to say that the majored upon the-journal,                       ity of any.community had the right, in opposition
The Convention then proceeded to the orders to the provisions of the Constitution, to assemble
of the day.                                 and make a Constitution in any way they might
THE BLLOF RIGHTS.  see fit, then hle, (Mr. D.,) took issue with him.
THE  IL OF RHTS.    he first question which presented itself was,
The Convention resumed the consideration of What is a government? He defined his underthe report of the Committee on the Declaration of standing of the term. It was a compact. And
Rights of the State of Maryland.'what was essentially necessary to a compact?
And the state of the question was this:  Must there not be contracting parties? Then the
Article 1st being under consideration yester- proposition of the gentleman from Baltimore
day, in the following words:               city was, that one party to a contract, simply be"' That all government of right orgnate for cause it found itself in a numerical majority,
the peple is founded in com t  ornly an - might annul the contract, substitute another, and
the people, is founded in compact only, andin- thus enforce a new government upon the other
thus enforce a new government upon the other
stituted solely for the good: of the whole,"')
pd s y fr te gd of te w e."   arty. If one party was at liberty to annul the
Mr. PRESSTMAN had moved to amend the said provisions of this compact, it ceased to be of any
article, by adding at the end thereof the follow- binding force.. And, he would ask, what right
ing                                         had a majority to say to the minority, you shall
-"And they have at all times the inalienable be bound by'whatsoever terms we may impose.
right to alter, reform, or abolisn their form of He illustrated this case, and said, some propoGovernment, in such manner as they may think sitions were so plain that it was only necessary
expedient.,"                               to state them, in order to show their absurdity.
And Mr. HIcKs had moved to amend the said This he apprehended to be one of them. In a
amendment, by adding at the end thereof the few years the city of Baltimore would possess a
following:                                  numerical majority of the whole State.
"And that any portion of the people of this'He had been told once, in reference to this ConState shall have the right to secede and unite  entonthat ue              whcht 
themselves and the territory occupied by them  engraft upon the Constitution should meet the
to such adjoining State as they shall elect.'  concurrence of the inhabitants of Baltimore they
would make a new Constitution, and that, with a
And the pending question was on the amend- numerical majority in the State. they would enment of Mr. HiCKSE.
meln~t of Mr. HICKS.             force that Constitution upon the whole State.
Mr. J. U. DENNIS'was entitled to the floor. And such was the conclusion to which the gentleHe said, that whenever there was a controversy man's argument must inevitably carry us. He
between parties, the specific matter ii dispute could foresee no other result.
should first be well ascertained' and understood,  The gentleman had referred to the bills of rights
and the points of difference fairly and plainly in the various States. In all of'them the same
laid down, so that there might be hno misappre- abstract principles were found. Yet he, (Mr.
hension in regard to them. He read the propo- D.,) would venture to assert that in no instance,
sition of Mr. PRESSTMAN, and said he, (Mr. D.) excepting one, had the doctrine been carried out
understood that gentleman as saying that a ma- to the extent to which the gentleman asserted it.
jority had at all times the power under all Gov- That one exception was the State of Rhode Isernments without any law or sanction in'the Con- land, under the lead of Governor Dorr-and he
stitution-without and beyond the Constitutiion — had been sent to the Penitentiary. Mr. D. read
if they saw fit, to alter, and change their form of the provisions in the Constitutions otdifferent
Government. I understood this'(continued Mr, States of the Union, to sustain his position. The
D.) to be the sentiment expressed ti the gentle- assertion of these abstract principles was never
man from Baltimore city, and also by the gentle-. iitended to confer on a mere majority, the power
man from Frederick, (Mr. Johnson,) ot notowin of making a Constitution and enforcing it over a
his seat. Am I right?                       whole State. It was a doctrine unknown and




151.
unheard of in the United States except in Rhode people had no desire to trammel the interests of
Island, and as the doctrine of the gentleman from Baltimore; they were proud of her; they cared
Baltimcre city, (Mr. PRESSTMAN.)           not to what extent her public works might be
He, (Mr. D.,) designed no reflection upon gen- carried on, provided they were not taxed heavily
tlemen, but he must say, that in every age of the fr them. They hadno prejudice towards herworld, persons were found ever ready to minis- their, object, no less than their duty was, selfter to the popular cry and popular caprice. It preservation alone. All they asked was that
was an old saving "vox populi, vox Del." He power should not be given to: one part of the
(Mr. D.,) wouldfrun after no masses-he would State to oppress another,- and that, if such a time
minister to no morbid sentiments. He referred should every arrive, the people of the Eastern
to the effects which a similar doctrine had pro- Shore might be permitted, quietly if they could,
duced in former ages of the world, and more re- tor make such an arrangement as would secure
cently in France; and to the various forms and their own protection.
isms which it had assumed in our own country.  Allusions had been made to his opinions on!
He was no advocate of this absolute and uncon- the subject of reform, and he had been taunted
troled license of the mob; and he hoped the day with being an anti-reformer. There was no
would never come when the sound and reflect- foundation for the charge. For twenty-five or
ing portions of any community, were to give up thirty years his name had been recorded in favor
the restraints of law, and submit to the rule of a of all the most important reforms in the State.
violent and unprincipled mob.              But some gentlemen here seemed to think that
Mr. HiCKS said, he did not like to detain the no man was to be regarded as a reformer, unless
he chose to follow them to the bitter end of all
Convention by any remarks of his, but it might their wd and ultra schemes of reform.
probably-be expected that he would say a few their wild and ultra schemes of reform.
probably: be expected that he would say a few  He repeated, what he had on' a former occawords on the proposition he had submitted. He sn stated,   ha he had  against the call of
was perfectly serious in offering that proposi- s  tat  th at s  ha     in   te c 
tion. He thought it legitimate and proper; and it  eis Cuon n; yet ha t ca  h aving been deterwas no new idea. It had not originated with him. mined upon,he had come here honestly to give
If gentlemen would refer to the proceedings of to the people all such reformsashe thought they
the Convention of'76, they would find that a sim- needd. He wished Baltimore to prosper, but.
ilar effort was made in that body, and although he was not willingto concede to her a ll the rethe provision was not inserted in the Constitution,  that she demanded.  e was not willing
et              the  5th article was           vadopt ted as a Comptro-to  award undue political and legislative influence
yet the 59th article was adopted as a compro- to her, and ths to place other paties of the
mise. How? Why, by declaring that any part to       t her, and   thus to placeother paties of'the
of the organic law, directly affecting the interests State at herme, oh was dis d ontrol g  heran
of the. Eastern Shore, should be changed by a he-came here, he was disposed to give her and
of the.Eastern Shore, should be changed by a the larger counties of the'State, an increased
two-thirds vote of the legislature.
trepresentation; but he had found opinions so
It must be apparent to every- gentleman that, variousand conflictin, that he thoughtthe best
owing to the peculiar geographical position of course now might be to settle down upon the old
the State of Maryland, some such arrangement basis, or upon some other approximating to it.
seemed to- be demanded by the different interests It has heen hinted to me this morning (conof the Eastern' and Western Shores. And it eluded Mr. H.) that if the time should ever come
seemed to him, that, whilst the work of reform  when we, of the Eastern Shore, should avail ourwas going on, it might be as well to guard every selves of the right which this provision would
point. He had not the slightest ill-feeling'to- guarantee, we ought at least to carry with us our
wards the Western Shore-nor any desire, if he portion of the debt of the State of Maryland.
had the power, to withdraw  the Eastern,from g|Sir, I scorn the idea that we would ever withthe Western Shore. But his object was to pro- draw, without paying the last dollar of our due
vide for a crisis such as might occur in the histo- proportion of that debt.: I should feel ashamed
ry of those who were to come after us-by as- of the people of the Eastern Shore, if I believed
serting the right of the Eastern Shoie to with- that there was a man amongst them who would
draw-not by means of revolution, but:peace- entertain such a proposition. I have only to.add
ably; and to unite herself with Delaware or that'I hope my amendment may be agreed to,
Virginia, whenever the interests and happiness whether thatof the gentleman from Baltimore
of the people might require it.            city, (Mr. Presstman,) is rejected or not.
We had been told that the only question was  Mr. STEWART of Caroline, said, it seemed to
one of political power. This did not alarm him him that the right claimed by the amendment o
as muck as it seemed to have alarmed others. the gentleman from Dochester,, [Mr. Hicks,].was
Baltimore was increasing largel3-she would within certain restrictions and limitations, alcontinue to increase-and, as a matter of course, ready recognized.  The amendment provided
would look vigilantly to her own interests. She "that any portion of the people of this State, shall
wanted the construction of a number of public have the right to secede and unite themselves
works, in order that the various interests which and the territory.occupied by them to such admust always cluster around a large and growing joining State' as they shall elect."  Secede from
city, might be drawn together and' concentrated what?: He supposed from the other part of the
for her benefit. To all this, he had no objection; State-that the Eastern Shore should have the
but the old adage that "a burnt child dreads the. right to cut loose from the Western Shore, and
fire," was as true as it was trite. He and his attach herself to some other State.




1523
Now, by looking at the 3d.section of the 4th State to which the Eastern Shore desired to
article of the Constitution of the United States, unite herself would not accept her.
ge;ntlemen would see that it was declared that  But he thought it was too late to ask that the
"n ew States may be admitted by Congress into Eastern should secede from the Western Shore.
this Union: but no new State shall be formed He alluded to the dark clouds which had overor erected within' the jurisdiction of any other shadowed the horizon of Maryland, as having
State." That was to say, for example, that the passed away, and being followed by the promise
Eastern Shore could not he erected into a new  of calmer skies and brighter hopes.
State within the jurisdiction of the State of.Hecharacterized, as a strange doctrine, the
Vllaryland.                                 principle which had been asserted here, that it was
Mr. HIcKs interposed and said, that he had necessary'to engraft upon the Constitution a proforgotten in the remarks which he submitted to vision specifying the mode in which the organic
thle Convention, to call its attention to an order lawshould be changed. H-held that the peowhich he had introduced some weeks ago, and pie were just as sovereign, and, he might say, as
w hich was referred to Committee No: 14, in re- divine over their government, as the Great Rula tion to the grant of this power in the bill of ler of the Universe, was over His. They were
rirhts. It was not to form a new State, but to sovereign-supreme-uncontroled.
unite the Eastern Shore to the States of Virginia  As to the argument that Government was a
or Delaware, upon such terms as might be mu. compact, he regarded it as just such a compact
tu ally agreed upon.'as a man might'make with himself. He might
r. STEWART, of aroine, rresolve and re-resolve'; he might form his own
Mlr. STEWART, of Caroline, resumed. To unite:
thes Eastern Shore to the State -of Delaware was government, and change it as he thought proper.
So it wtas with the people. He! cared not whether
juit as much the creation of a new State, as  So i was with the people. He cared not whether
ajudission oas   u was th e   admission of  a anewSt   the provision was in or out of the Constitution,
if the people said they would change their govSt;ate: because the word, State,' as he under- hernment, they could do souldthey would do sost ood it, referred not so much to the territory asand tenen  ougth t to do so.  te proceeed to exto the government. The people and the govern- and te   illustrato the consequece   to whc
mienrt, taken together-laws, property, & dc.,-,all amine and illustrate the consequences to which
m;erit, taken tgether-rlaws, property, &c., —all acontrary doctrine would lead, and to argue
th ese things constituted a State. So, if the East-  tat t result woulcbe  a  Constitution so framed
ern Shore were united to Delaware, such a union ta to stand throuhl all changesand though all
wlould be just as much the creation of'a new  as to stand through all changes and though all
would be just as much the creation of a new      without regard tothewants or the wishes
St;ate as if Delaware and' the Eastern Shore were time, without regard to the wants or the wishes
State as if Delaware and theEastern Shore were o the people. Such was not his doctrine or
now a territory, and should be received into the ofthe people. Such was  ot his doctrine, or
the doctrine of the people of Maryland.
He should, therefore, vote against the amendBut he would not be diverted from the purpose ment of the gentleman from Dorchester (Mr.
for'which he had risen, which was to show that Hicks,) not because he, (Mr. S.) had any objecwe already possessed the right asserted in the tion to doing this act, if it were. deemed proper
amendment; forthe latter clause of. the same and right, but because he thought that the power
section of the Constitution of the United' States, already existed under the Constitution of the
which he had alreidy cited, went on to say, "nor United States. As to the proposition of the genany State be formed by the junction; of two or tleman trom Baltimore city, [Mr. Presstman,]
more States, or parts of States, without the con- he [Mr. S.] could see no objection to it. It was
senat of the Legislatures of the States' concerned, a principle to which all must subscribe. He.was
as.will as of Congress."                   not in the habit of citing authorities, and would
If Delaware and the Eastern Shore agreed that' not now trouble the Convention with them; but
the EFastern Shore should become a part of Dela- he thoughtlthat gentlemen would find, that in the
ware, and made application to Congress and Con- Constitutions of almost every State in the Union,
gress g:ave its consent, and if a like consent should the same principle was contained, and not only
also be given by the Legislatures of the two so, but that the tuamers of the Constitutions of
States, then the union might take place.      irginia and other States, had gone so far as to
But where was the licensed high priest to declare that a majority of the people had a right
marry the Eastern Shore to Delaware or Vir- to alter and chanrge their Government, in any
ginia? He had heard of the union of individuals way they might think proper.
brought about' by money, where it was consid-  Mr.; JENIFER said, he did not rise to controvert
ered that a most beneficial arrangement had been the principle involved in the proposed amendeffectced. But here we proposed'to offer our-' ment of the gentleman from Baltimore city, (Mr.
selves as a virgin arrayed in matrimonial gar- Presstman.) He did not believe there was an
ments-with what recommendation? Why, the intelligent man in the community, who would
recommendation of an enormous debt. He was deny that the proposition, in the abstract, and
afraid that our' charms would be disregarded; standing alone, was the true republican docand he did not wish that any portion of the State trine. But it had been embarrassed, and its
should put herself in sucha position. It seemed meaning perverted by the arguments of gentleto him that it would be well to amend the propo- men, and especially by the speech of the mover of
sition of the gentleman from Dorchester, (Mr. it. The amendment assumed the right of the
Hicks,) by adding the words" provided' we can people to alter, change or abolish their Constituget any State to accept of us'."  There must be tion. The gentleman from Baltimore goes a step
a mutual bargain, and it might happen that the further, and desires it to be recognized in the bill




153
of rights, that after a Constitution is established, pressed his opinion that there was not an intelliapproved by the people of the State, and becomes gent man in Baltimore, under existing circumthe organic law of the land-a bare majority,re- stances, who expected or desired representation
gardless of the provisions of the Constitution from  based exclusively on numbers. He has been
caprice, or inflamed by popular excitement, have justly complimented for that speech. But now
a right to overthrow the Constitution without the the ground he takes is infinitely more objectionforms of law. In this he is supported by his elo- able, (Mr. J. said,) and he might add, dangerous
quent friends from Frederick, (Mr. Johnson and to the interests of the counties of the State.
Mr. Thomas,) the formerof whom, so emphati-   You have, Mr. President, only this morning
cally expressed his opinions, "thatthe people, engrafted the first article in the new Constituthe immortal, the eternal people, could do what tion about to be formed: "That the Legislature
they pleased."                             shall pass no law affecting the existing relation
Mr.J. said, he would ask his friend from Bal- of master and slave in this State."  This article
timore, whetherthe Constitution about to be has been adopted by a unanimous vote of the
adopted, should it be confirmed by the people of Cnention. This was intended to put to rest
the State, would not become the law of the the fanaticism as regards this question in Maryland?                                     land, and would do so, as long as the ConstituMr. PREssTMAN replied, that it would but tion and laws are respected.
that the people had a right to change it.    But, if you recognise the right of a bare maMr. J. said, he conceded that right to the ut-jority,''at all times, and in any manner they
most extent, and read the 1st, 4th, and 41st arti- deem expedient," to abolish the existing and escles of the bill of rights, to show that it was r- tablish a new system-what becomes of the rights
cognized in express terms.                 this day guarantied by the unanimous vote of
The 1st article provides, "That all govern- this Convention? Where is the security for a
ment of right originates from the people is month's continuance of it? If the city of Baltifounded in compact only, and institutedsolelymore with the two counties referred to, who
for the good of the whole.                  have less interest in this species of property than
The 4th article: "That whenever the ends of any other portion of the State, should deem it
government are perverted, and public liberty expedient to abolish it-what are the modes of
manifestly endangered, fc., the people may, and preventing it? The lower counties cannot rise
of right ought to do, reform the old, or establish up in mass, as can be done in the others. It is
a new government."  And the 41st provides for true, that the gentleman from Dorchester county
the manner of altering or abolishing the Con- (Mr. Hicks,) perhaps, apprehending this state of
stitution.                                  things, has offered an amendment that the Eastern
Mr.                  - asked, wht l g cn  Shore should have the right to secede and unite
Mr. J. asked, what language can be more ex-with another State.
plicit?. ere the rights of the people are pro-  Mr. President, the time has been when the
tected for the good of the whole. But a mere word "disunion" applied to the general governmajority tumultuously assembled from the city ment, or "secession" to the counties of a State,
of Baltimore and the adjoining counties, with- fell upon my ear as the words of a traitor, but
out form of law-without "the ends of govern- occasions may arise, when they may become the
ment being perverted, or public liberty endan- language of patriotism.
gered," assuming to control the whole State   Once admit that a dense mass congregated toor political or  orse purposes, should not be gether without the forms of law,"whenever they
recognized in a bill of rights.             dee.m it expedient," may abolish your Constitution,
If the people-the "eternal, the-immortal peo- that doctrine advocated in this Convention by genpie," can abolish their own Constitution, and es- tleman representing a high minded, intelligent
tablish whatever they please, whenever they and law abiding cnstituency-the right of seplease, regardless of law  and order, what be- cession, should go "paipossa," with it.i It would
comes of the rights of the minority, which, per- become the duty of the Eastern Shore and of the
haps, may be only a few thousand or a few hun- lower counties of the Western Shore to adopt
dred less than that majority?               any means to protect themselves, their liberties
Look at the populous city of Baltimore now  and their property, from revolution and anarnumbering 170,000 souls; Baltimore county near chy.
42,000; Frederick county near 40,000; their in-  Mr. J. said we should not shut our eyes or
terests in many respects identical. By the facil- ears to the warnings of experience. Massachuity of your railroads and other works of internal setts has had to contend with lawless spirits parimpiovement, the whole population maybe col- rading portions of her heretofore quiet State.
lected in a mass, in twenty-four hours. This as- Rhode Island has been the theatre of anarchy.
sembled multitude without law or order-with-  The populous cities of New York, Philadelphia
out even the knowledge of the distant counties of and Baltimore, have at different times felt the efthe State, being the "eternal people," may fects of an uncontroled and excited populace.
"throw off the existing and establish a new Con- Similar scenes may again be inflicted upon them.
stitution." Such is the construction which the But none have ever, until now, advocated it as a
remarks of gentlemen justify.              right.
The gentleman from   Baltimore city, (Mr.   A few years since the whole of Maryland felt
Presstman,) in aformer speech, took a states- as Baltimore, experienced the want of salutary
man-like view of the question of reform, and ex- laws, or a proper execution of them, to protect the
20




154
rights and property of her citizens. For three tlemen differ, though representing the same condays was that noble, gallant city under the con- stituency. The one, (Mr. Brent,) an advocate for
trol of a lawless, though "immortal power." Nor representation exclusively on the basis of numwas it restrained until the venerable patriot of bers. Whilst his colleague, (Mr. Presstman,) does
the Revolution, Gen. Samuel Smith, was called not think there is a sensible man in the city of
from his quiet abode to take command, and res- Baltimore in favor of, or who expects the apporcue his native city from anarchy and bloodshed. tionment to be based exclusively on population.
The Legislature of Maryland at its next session  Mr. PRESSTMAN said such was the feelings of
passed the indemnity law, by which the sufferers his constituents, although since he came here he
were compensated for the loss of property. Do had expressed a willingness to agree to a comgentleman desire that suah scenes should recur promise.
again? If not, encourage not this morbid appe-  Mr. J. resumed. So far his friend was right,
tite for unrestrained license which must result in and held sound doctrine, and Mr. J. regretted
anarchy.                                    that he did not go with. is colleague, (Mr.
The gentleman from Frederick, (Mr. Johnson,) Brent,) in favor of "changing or abolishing the
asks, would you deny to the people of Maryland, Constitution according to the laws of the land."
what has been done in the monarchical govern-  Mr. STEVART, of Caroline, here asked if the
ments of Europe, the right to overthrow their new Constitution would be in accordance with
government?                                 the frame of the old Constitution?
Mr. J. said the gentleman should recollect that.Mr. J. replied that the gentleman from Caroour institutions were established by ourselves, line was as competent to answer that question
and are very different from the monarchical or as he was. As for himself, Mr. J. said, he was
absolute governments of Europe. Here the peo- for such changes in the Constitution as might
ple formed their own Constitutions, in their own contribute to the interest and benefit of the
way; enacted the laws by their accredited agents; whole State, giving to a majority a proper influprescribed the manner in which those Constitu- ence to the minority a safe and efficient protections should be framed and altered..It required tion. With such land-marks, he would not be
no revolution to accomplish this-it was the, free fastidious as to minor questions.
action of the poeple-their Constitution-their  Mr. J. concluded by saying it was far from his
laws.   He was surprised   that comparison intention to discuss at length all the questions
should be attempted between the State of Mary- involved in the bill of rights. He believed that,
land, and any of the oppressed subjects of Europe, as reported by the Committee, it embraced and
His friend had referred to "France whose peo  breathed throughout, sound, republican, demople had hurled from power those tyrannical cratic doctrines. He would not, as others had
rulers, and taken the government into their own done here, make professions of his love for the
keeping." There was no analogy between the people; he distrusted and doubted the sincerity
government of France, and the government of of some of those who were constantly proclaimMaryland, and, however much he desired to see ing their devotion to the rights and will of the
republican principles prevail, he should not look people. He preferred to guard the people against
to the present state of France, as an example the professions of those who were loud in deworthy' of imitation. It is true she had dethroned nouncing as enemies those who did not unite with
her monarch-it was equally true that her present them in administering to popular clamor.
condition evinced but little of republican govern-  Mr. WRIGHT, without making a speech, felt
ment. At peace with all the world, an army of himself bound to state his sentiments. His friend
four hundred thousand soldiers are held in arms fromi Baltimore had expressed opinions in regard
to preserve the peace of her own citizens, and it to the rights of the people, and he desired to say
is generally admitted that at no period during that he concurred in every word which had
Louis Phillipe's reign, was the press under so fallen from that gentleman. The people have a
rigida serveilance as at tne present moment. The rightto alter, modify or.change their Constitugovernment is unstable-her citizens in constant tion, in any way which they may deem consisdread of revolution. This, Mr. J. believed to be tent with their interests. But the gentleman
attributed to the organization of her government, from Baltimore did not go far enough. The peoin having but one Assembly, uncontroled, except ple would not be sufficiently vigilant over their
by popular will. So long as this state of things own rights, if they did not take care to have a
existed, Mr. J. had but little hopes of a pure re- clause in the Constitution which would place
publican administration of the French govern- in their own hands the power to change or alter
ment. Engraft similar principles upon Mary- the organic law at their will. It is our duty, as
land, and anarchy will subvert the Republic.  their agents, to make such provision. But the
The proposition of the gentleman, as explained gentleman from Baltimore did not go far enough;
by himself, will be productive of revolution;and he was for cutting the dam, and letting lose the
here, Mr. J. said, he would do. justice to his col- water, before the reservoir was prepared for its
league from the city of Baltimore, (Mr. Brent,) reception.  The other gentleman from  Baltiwho, ir his argument yesterday, had taken a more, had gone further; he went about as far as
sound, statesman-like view of the subject as this Convention should go. He would go with
regards the manner of altering or abolishing both these gentlemen, who had stood boldly forthe Constitution. It must be done by the provi- ward to assert that the people had rights, and
sions of the Constitution and laws, or by revolu- told them how they ought to exercise those
tion. On the two important questions those gen- rights.  The gentleman from Dorchester, (Mr.




155
Hicks,) had offered an amendment, either in jest believed that without the provision contained in
or for the purpose of consuming time. He re- his amendment, it would be in the power of part
garded that amendment as a rider intended to of the Western Shore of Maryland, to unite herclog and break down the original proposition. self with the State of Virginia, and of the EastHe repelled the idea that Baltimore would op- ern Shore to unite herself to Delaware, by agreepress the counties. She had too many ties which ment with the States, and with the consent of
bounds them to her. She was the ornament and Congress, but he desired to have such privilege
pride of the State. Still he did not blame the or right recognized and countenanced by the
gentleman from Dorchester, who sought to delay Constitution, which we are now framing, that
the action of the House. He hoped the Conven- it may not be considered as revolutionary heretion would go to work, not like lawyers, but in afier.
the course suggested by common sense.        Mr. PHIELPS would not now address the ConvenMr. HicKs assured his friend from Queen tion, or attempt to say one word, had he not felt
Anne's, that he had not offered his amendment in impelled to do s6, from a high sense of public duty.
jest, and if that gentleman would go among his, The amendment offered by the gentleman from
(Mr. H.'s) constittuents, he would find there was Baltimore city, (Mr. Presstman,) in the sense in
no jest in it. He was afriend of the people, and which that honorable gentleman has explained
so was the gentleman from Queen Anne's, and it, would in his humble estimation, if acted upon,
-he reminded that gentleman that back-sliders at all times, be liable to subvert the foundation
were the worst of sinners. He looked on himself of the government, and to encourage a lawless
as representing as noble a constituency as can be opposition to the Constitution-itself.
found in Maryland, and he came here to do his  This amendment, we have been informed, is
duty to them. He had never desired to come taken from the Texan bill of rights, and was
here. He never believed there was any neces- drawn up by Mr. Calhoun himself-that the same
sity for this Convention. He had thought that amendment has been incorporated in many other
the Constitution under which we have lived so State Constitutions. As positive proof, that the
long, was good enough, and that the provision construction given this article, is not correct, but
contained in it relative to its change was suffi.- was intended to be exercised as an extreme right,
cient. But he had been sent here, and he would, Mr. PHIELPS read the 37th article of the Texan
now do his duty. He was as proud of Baltimore Constitution, which provides that the Constituas his friend from Queen Anne's, and would not tion shall, not be altered, exceptby a vote of twothrow a straw in the way of her prosperity; but thirds of the Legislature in favor of the proposed
while heagreed to all his friend had said about amendments, and which amendments shall be
the change of seasons from summer to winter, published, and voted upon by the people, and
he was not convinced that the State should give if opposed by a majority of all' the votes the
way to the city of Baltimore. His friend from  amendments shall not even then be adopted, unCaroline, (Mr. Stewart,) had also spoken in a less confirmed by tweo-thirsds of the next General
similar strain. Now he desired to say to that Assembly. This provision, Mr. Phelps repeated,
gentleman, that he had nodesire to separate the was proof'positive, that Mr. Calhoun, nor the
Eastern Shore from the State. His friend from  people of Texas, never intended to claim the
Caroline was the only one, he believed, who lawless and most dangerous right to abolish
thought that the gloomy days were all past. [Ille their organic law, in the manner contended for
seemed to forget that there is a heavy debt hang- by the mover of this proposition. Such doctrines,
ing over the State, and that the counties are suf- Mr. President, should not be countenanced in this
fering under the burden. It would be better, Hall, or elsewhere. Besides, you find similar
perhaps, to look round the horizon, and see if provisions incorporated in the Constitutions of
there are no new storms gathering. How long Missouri, Michigan, Arkansas and other States,
it would be before new troubles would come, he supposed to be thoroughly indoctrinated with the
could not predict. He referred to the language spirit'of progressive democracy. Even South
of the reformers in Baltimore, before this Con- Carolina contends for no such right. In fact, no
vention was called, when they asserted that their State in this broad Union would dare contend
wishes were very moderate and reasonable. that the people in lawless assemblies and in a lawPrevious to 1836, the city had buttwo delegates,'less manner, could proceed to form a new Govand he believed she got along just as well as:ernment, upon the ruins of the old one, unless it
when she has had more. He assured the House, be by revolution. Mr PHeLrs insisted earnestly
that if ever the time should come, when the State that this doctrine, if acted upon, would prove
should fall under the dominion of Baltimore, if most disastrous in its consequences. A Constihe should not have left the world, he would tution is the foundation of all law. It is the
never give his consent that the counties should bulwark of all our civil and religious rights. its
be placed in a position to be used by Baltimore foundations should be broad and strong, else the
at her pleasure. When he came from home, he whole edifice might tumble into ruins. Constifelt a disposition to give a larger representation tutions, Mr. President, are the results of comproto the city, but he felt less disposition to do it mise. Minorities, as wvell as majorities, have
now that he saw she was never to be satisfied. rights by virtue of this agreement, and both alike
He agreed with the gentleman from Baltimore, should be held sacred and inviolable.'This prothat we have the power in our hands; but as all vision requiring a two-third vote, and the action
power is to be given by the Constitution, he hoped of two consecutive sessions of the General Asit would be made to operate equally. He be- sembly to alter or amend the Constitution, you




156
find incorporated upon the organic law of nine- bringing into direct competition with our protenths of all the States of this Union.    ducts the products of other and distant States.
Mr. PHELPS said, before he proceeded to dis- For one, he denied the almost universally recuss the second branch of this proposition, it ceived dogma, that by making the city of Baltibeing the amendment offered by his friend and more the great grain market of the West, you
colleague, Mr. HICIS, he would say -one word by would increase the price of our own products.
way of defining his position. Those from the These great works have been constructed by the.
Eastern Shore, and the smaller counties, had over common treasure of the whole people. The Eastand again been denounced as anti-reformers, ern Shore was made tributary to these worksFor himself, he acknowledged he voted against was taxed to accomplish that which daily concalling a Convention in the Senate, and also at tributed to her injury.  Mr. PHELPS said he
the ballot-box. -He had done so upon high con- had never assisted to incur the present debt of
stitutional grounds, as well as from expediency. Maryland, but he was proud to say he had sustainHe had witnessed nothing in these Halls to con- ed the faith and honor of the State in her darkest
vince him that he was wrong. But if gentlemen hours of adversity, at a time when repudiation
suppose he was hereto oppose all needful reform, found a resting place even in these halls. Mr.
they have mistaken their man. He declared PHELPS said the time, in his judgment, for a
himself a bonafide reformer. He intended to be separation had not yet come; but he desired the
second to no man upon that subject. The Con- Convention to recognize the right we contend
stitution on which they were engaged was intend- for. Whenever representation, according to poped not only for themselves, but for posterity, and ulation, shall be engrafted upon the Constitution
so far as his humble abilities could serve, the of the State, for one, he was prepared to say, the
work shall be perfect, and shall secure the great- day and the hour of our separation is at hand.
est good to the greatest rumbers. It should be He never could, and never would consent, that the
the pride of every man here, to give the peo- Eastern Shore should be compelled to sit powerple the best possible government.          less at the feet of the city of Baltimore and WestBut, Mr. President, what is reform? Does it ern Maryland.
consist alone, as has been urged here, of represen-  Mr. BROWN said he would make no reply to
tation, based exclusively upon population?  If the gentleman who had referred to the revoluso, we have only, as indicated by the vote a day tionary movement of Dorr: there was nothing in
or two since, but seventeen in this body, seven- the condition or character of the State of Maryteen out of one hundred and three members, land to justify any parallel. Nor would he anThese seventeen are the Simon Pures; fine gold, swer the insinuation of the gentleman from
tried in the fire.                          Charles, (Mr. Jenifer,) that a time might come
Mr. CHAMBERS, (interrupting.)  And some of when Baltimore might call in the aid of Charles
them are backing out.                       county to protect her against her own friends.
Mr. PHELPS, (resuming.) Well, let them back  These were questions unworthy of notice.
out-he was proud to hear it.                Sneers hd been thrown out by gentlemen against
Here some explanations took place, in which te seventeen who had voted on Friday for the
Mr. McHENRY, Mr. CHAMBERS and Mr. BRENT,                                 Itwastrue, it
of Baltimore city, took part, and hY-which Mr. popular basis of representation. It was true, it
of Baltimore city, took part, and inwhich Mr.                                 Id inform
was a very small minority. Buthe would inform
MCHENRY and Mr BRENT repelled the charge those gentleman, that the number of them was
implied in the words, "back out," if directed   thgenem  nt    e     Legion." Thesesevaainsti them. wrgreat —that their name was "Legion." These sev~~againm~st them.  _~enteen represented 227,000 of the voters of MaMr. CHAMBERS disclaimed any personal allu-         entheir fewness on ths vote was made
~~~~~~~sions.  ~ryland. Yettheir fewness on this vote was made
Mr.oPHELPS  resumed, and said, notwithstand- a subject of ridicule. But the effort which had
i          ng the declaration of h is principles, he  ld ubeen made, and the names of those who sustaining the declaration of his principles, he would d it, ll appear on the record, and not all the
doubtless still be denounced by those seventeen ed it which separate Maryland from Delaware
gentlemen as opposed twaters which separate Maryland from Delaware
gentlemenas opposed to reform. The right, upon andVirginia will wash it out.
the happening of certain contingencies, of the   V           r io     t
Eastern Shore to secede, was urged before the  He moved the previous question.
people of Dorchester during the last campaign,  The question was taken, and decided in the
and the proposition has been offered by his col- negative.
league in good faith, and he hoped the amendment  So the Convention refused to second the dewould prevail. Mr. PHELPS described the East- mand for the previous question.
ern shore as a beautiful champaign country, in-  Mr. BsENT, of Baltimore city, desired to offer
tersected with beautiful rivers and creeks, pene- an amendAnent.
trating the whole country, and winding, around  The PRaSIDENT said, it was not now in order,
the homestead of almost every man. He contend- there being two amendments already pending.
ed the interests of the two shores were essential-  The question then recurred on the amendment
ly different. Whilst the Western Shore was of Mr. HICKs..
greatly dependent upon works of internal im-  Mr. PRESSTAi N asked the yeas and nays, which
provement for her prosperity, the Eastern Shore were ordered, and being taken resulted as folrequired no such public expenditures for her lows:
benefit. Already you have your great works of.ffirmrative —Messrs. Lee, Mitchell, Buchanan,
internal improvement, reaching far to the west, Bell, Welch, Ridgely, Dickinson, John Dennis,
and intelsecting the State in other directions, Dashiell, Hicks, Hotlson, Goldsborough, Phelps,




157
Bowie, McCubbin, Dirickson, McMaster, Hearn, is manifestly endangered," they mean in plain
Fooks, Jacobs, Shriver, Biser, Thawley, Michael, terms, revolution. That this power is inherent,
Newcomer, Smith, Shower and Brown-27.     inalienable, and would as well exist without, as
Negative-Messrs. Chapman, President, Blak- by its assertion in, the bill of rights, is indisputaistone, Dent, Hopewell, Ricaud, Chambers, of ble. No body can deny such a right as inherent
Kent, Donaldson, Dorsey, Wells, Randall, Kent, in the people and inseparable from all free govWeems, Williams, McCullough, Miller, McLane, ernment.
Tuck,Sprigg, Bowling, Spencer, Grason,George,  The present declaration of rights so recogWright, Gaither, Annan, Sappington, Stephen- nizes it; and' this proposition is but a reiteration
son, McHenry, Magraw, Nelson, Stewart of Car- of the truth. What does the amendment of the
oline, Gwinn, Stewart of Baltimore city, Brent, gentleman from Kent propose? To strip this abof Baltimore city, Presstman, Ware, Schiey, stract declaration, of its abstract character; to
Fiery, Neill, John Newcomer, Harbine, Davis, seize upon an abstract truth, which contemplates
Kilgour, Brewer, Waters, Weber, Hollyday, revolution only, as I have already said, and to
Slicer, Fitzpatrick, Parke, and Cockey-51.  apply it to a totally different purpose, to wit: to
So the amendment was rejected.          make it, in its connection, as a part of the bill of
The question then recurred on the amendment rights; in fact a constitutional restraint, as to the
of Mr. PRESSTMAN.                         manner of altering the civil compact. Is such
Mr. DIRICIsoN took the floor, but yielded to the proper place-is this the proper connection for
Mr. CHAMBERS, of Kent, who desired to offer an such a proposition? Is there propriety or fitamendment.                                ness of things, in such antagonist association of
Mr. C. said, that the question involved in the civil and revolutionary means of changing or alamendment offered by the gentleman from Bal- tering the form of Government? It seems to me
timore city, (Mr. Presstman,) was, or was not, not. When wereach the amendatory cause in the
in his, (Mr. C's,) humble judgment, proper to Constitution, there will be the proper place to put
be adopted or not, according to the construction restraints upon its amendment, and to define
~pu t n ~upo~n'it.:-         and prescribe the manner of its change. There
pu                                           Id doubtless be difference of opinion on that
Mr. CHAMBERS said, that the main objection to would doubtless be difference of opinion on that
the proposition of the gentleman from Baltimore subject-that was a vital question-but here, in
city was, that the argument by which it was sus- the bill of rights, there could be no difference of
tained, had very much embarrassed the question. opinion, upon abstract truths-truths which had
Constructions had been put upon the amendment beenutterred by our fathers seventy years ago,
which would render it of doubtful meaning. It were still truths and would forever remain truths.
was evident that the opinions of gentlemen who How and when to be exercised, or restrained by
had discussed it, differed widely from each other; the civil compact, is a question for detail in the
and so the constructions put upon it by the peo- Constitution proper. What difficulty could there
ple would be indistinct and discordant. What- be in voting for such a broad proposition. He
ever is inserted in the Constitution ought to be could see none. Let it go into the bill of rights,
clear and indisputable. He in tended to vote as an abstract declaration, in company with all
clear ald indisputsble. He Iintended to vote 
against the amendment in its present form, and other articles ejusdem generis. There it will be
with a view to make it more acceptable, he pro- qualified and restrained, by the defined terms of
posed to move an amendment. By one p arty.itthe Constitution proper, in which he was ready
had been held, that, without Constitutional en- to unite with the gentleman from Kent. There
actments or against them, classes of men might was no fear of misapprehension upon this subresolve themselves into a meeting, and set up a ject: the bill of rights and theConstitution must
Constitution of their own. Anotherclass insist- go together, as a whole, and be expounded in
ed that it was the riglt of the people to change connection. He hoped therefore the amendment
the Constitution by any process, and in any way would e withdrawn and the proposition of the
they might think best.  ith a view to clear the gentleman of Baltimore city be agreed to.
amendment of all mistiness, and make it clear.Thereupon the Convention adjourned until toto every comprehension, he moved to amend by morrow at 11 o'clock.
adding the following words:
"According to the mode authorized by the              _
Constitution or laws of the land."
Mr. RIDGELY was of opinion, that the amendmentofthe gentleman from Kent, wasnotcalculatedito meet the object he had in view, but rather to  THURSDAY, January 30th, 1851.
embarrass the question. The proposition of the  The Convention met at eleven o'clock.
gentleman from Baltimore city, (Mr. Presstman,)  Prayer was made by the Rev. Mr. GRAUFF
asserts a-mere truism, an abstract political truth,  The roll having been called, the Secretary prowhich no one would deny, to be embodied in that ceeded to read the journal of yesterday.
category of rights, in which is usually:presented  Mr. PHELPS moved that the reading be disthe analysis, or general principles of republican pensed with.
government.' All such general declaratidns of  Mr. SPENCER thought the precedent abad one,
popular' rights, contemplate the last' resort of a and hoped the motion would not prevail.
people to throw off oppression, "when the end of  Mr, PHELPS, not pressing his motion, the jourGovernment is perverted, and the public liberty nal was read, and having been amended so as to




158
correct an error in Mr. STEPHENSON'S resolution, was entitled to the floor, that gentleman having
was approved.                               yielded to a motion to adjourn by the gentleman
Mr. PREISSTMAN offered the following order from Baltimore city, (Mr. Brent.)
which was adopted:':Mr. DIRICKSON. I believe that the gentleman
"That the committee on theJudiciary inquire from Queen Anne's (Mr. Spencer,) is correct;
into the propriety of reporting a provision that but if there is a great anxiety on the part of the
the rights and interests of parties to a suit shall Convention that the question shall be taken, I
not be affected by any law passed during the have no desire to delay its action by any remarks
pending of said suit in any court of law or equity of mine.
in this State."                               Mr. RIDGELY. I have not entirely closed the
The PRESIDENT announced that reports of com- remarks which I intended to make yesterday. But
mittees were now in order.               a suggestion has been made to me, that the Convention is:anxious to take the question; and, if
No reports were made..so,il will not trouble it with any additional reMr. MICHAEL NEWCOMER, presented a peti- marks. If not, I should be glad to have anoptition of sundry citizens interested inthe inspec- portunity of concluding my remarks. I shall,
tions of Tobacco, Flour, Liquors, Fish, Lumber, however, be perfectly satisfied that the previous
Wood, Anthracite and Bituminous Coal, Plaster question shall be taken, if such is the disposition
of Paris, Lime and Guano, praying that the prin- of the Convention.
ciples of a free inspection may be engrafted in  Mr. FIERY. No gentleman in this body is
the Constitution.                           more anxious to accord to every member the
The petition was read and referred to the com- privilege of speaking upon every question than
mittee on Inspections.                      myself. But what is the condition of things
HOUR OF MEETING.               here? For the last three months, we have been
discussing different propositions, and up to this
The PRESIDENT announcedthe unfinished busi- hour, not one report has been adopted by the
ness:of the morning hour.to be the resolution of- Convention.
fered bylMr.STEPHENsoNyesterday,(as amended,)  Mr. MORGAN, interposing. I rise to a question
which provided that from and after Monday next, of order? "I's the previous question debateable."
the daily hour of the meeting of the Convention,  The PRESIDENT. The previous question has
shall be ten o'clock.                      not yet been moved, because the gentleman
Mr. SAPPINGTON, suggesting'some doubts as to from Washington county, (Mr. FIERY,) is not in
the presence of a quorum, moved that there be a a position to move it, until it is ascertained whethcall of the Convention.                    er the gentleman from  Baltimore county, (Mr.
The motion was agreed to.                Ridgely,) desires to conclude his remarks.
And the' roll was again called.            "Mr. FIERY. I understood that I had the conA quorum having been ascertained to be pre- sent of the gentleman from Baltimore county,
sent,                                      (Mr. Ridgely.)
On motion of Mr. BROWN, all further proceed-  Some conversation followed.
ings on the call were dispensed with.        Mr. FIERY (resuming.) I simply desire to set
And the question recurring on the adoption of myself right before the Convention. I do not
the resolution,.                           wish to be discourteous. I state, upon the pledge
Mr. JOHN NEWCOMER asked the yeas and nays, of all the honor I possess, that I am solicitous to
which were ordered, and being taken, were yeas afford every gentleman an opportunity to do jus43, nays 26.                               tice to his own views and to the sentiments of
So the Convention decided that from  and his constituents. But gentlemen will bear in
after Monday next, the daily hour of the meeting mind that, by the very act of moving the previous
of the Convention should be ten o'clock.   question, I deny to myself, as well as to others,
Mr. BRowN said that as there seemed to be no the privilege of discussion. But I do not desire
morning business before the Convention, he to speak on every subject. I want action-imwould move that the Convention resume the mediate action. It is my firm belief that if we
consideration of the unfinished order of yester- do not place some limit upon the discursive and
day.                                       latitudinous debates which continually take place
The motion was agreed to.                 in this body, we can never arrive at any successTHE BILL OF RIGHTS.             ful result. I am conscientiously of opinion that
it is my duty to enforce the necessity of action
The Convention thereupon resumed the con. by all proper means within my reach. My consideration of the report of the committee on the stituents demand it, and when my duty directs,
declaration of rights of the State of Maryland.  I shall not hesitate as to my course. Whatever
The pending question was on the amendment may be the odium which I may bring upon myoffered by Mr. CHAMBERS, of Kent, to the amend- self, in this body or out of it, I shall not'skulk
ment of Mr. PRESSTMAN.         -            from responsibility here or elsewhere. 1 take
Mr. FIERY said, that if the gentleman from  this course in good faith, and with no feeling of
Baltimore county, (Mr. Ridgely,) did not desire ill-will to any member of this Convention. My
to speak, he, (Mr. F.,) would move the previ- sole object is to expedite the transaction of its
ous question..                             business. As to the question which we have had
Mr. SPENCER suggested that as he understood, under discussion for a day or two past, the printhe gentleman from Worcester, (Mr. Dirickson,) ciple involved in it must come up for future dis



159
cussion on the question of representation. I see speak of here, has in fact taken' place. I think
no good to be attained by its continued discussion that gentlemen have confined themselves pretty
now. I confess 1 have borne it until my patience closely to the legitimate -subject matter under
is totally exhausted, and I must protest against discussion. I, therefore, hope that every gentlethe continuation of a state of things calculated to man, who desires it, may have an opportunity of
protract the session of the Convention to an in- being heard.
definite period.                             Mr. TUCK, (to the Chair.) What is the quesThe PRESIDENT (to Mr. Ridgely.) Does ithe tion before the Convention?
gentleman from Baltimore county claim the floor?  The PRESIDENT. It is on the amendment of
Mr. RIDGELY yielded the floor.           the gentleman from Kent, (Mr. Chambers.)
Mr. DIRICKSON took the floor, and remarked  Mr. DIRICKSON took the floor.
that he felt himself placed in an awkward po-  Mr. FIERY. I move the previous question.
sition.                                      The PRESIDENT. The gentleman has not the
Mr. BLAKISTONE interposed, and suggested that floor to make the motion.
the gentleman from Worcester, (Mr. Dirickson,)  After some conversation, the floor was yielded
should permit the question to be taken on the bylMr. DIRICKSON, for the motion for the previous
previous question, (there being an evident dis- question.
position on the part of the Convention not to se-  But the Convention refused to second it.
cond the previous question at the present mo-  So the question again recurred on the amendment.)                                     ment of Mr. CHAMBERS, of Kent.:Mr. DIRICKSON yielded the floor.           Mr. DIRICKSON said:
He had listened calmly and patiently to the
Mr. SCHLEY. I hope that the Convention will  Hehad listened calmly
not second the demand for the previous questio. de   whch for thepasto days, had occupied
I regard the subject which is now engrossing the grave attention of the Convention. He had
listened with somewhat more than his usual earour consideration, as one of grave importance, nestness, seriously regarding the amendment ofand think that the gentleman from Washingtonlment ofcounty t(r. Fiery) is mistaken in suposingo fered by the gentleman from the city of Balticounty, (Mr. Fiery,) is mistaken in supposing
that the sameprinciple will again come up for imoreas not only of th highest and mostsolemn
discussion on the question of representation. importane,  uas involving principles which
I cannot see the connection between the two. might shake our whole governent to its inmost
But apart from that consideration, if it were time centre, and in amoment of time  umble it fair
hathis ue a to   come uer or    fabric into dust and ruin. Little did he expect
that this question is again to Come under our re- to heart h this Hall, consecrated by so manypaXision, I, for one, am disposed to avail.myself of to hear in this Hall, consecrated by so many pasion, lih, for one, a m dispsed to avail. mysel               of triotic and historic associations, sentiments like
all the lightI can obtain by discussion among the  which but recently had c ome from more
members of this Convention. I care not if -we tho hh   ut re      had    me fm moe
emain here six mnts  my c t     around him-sentiments which but for the great
remain here ay mysl enjoy consth nituents wl than one quarteriof the wise assemblage ono
not make any unreasonable demands upon m   respect and   high regard he entertained for thea
As their representative'here, I have a duty to rs ad h            e   nrt      for
perform as well as rights to protect. It becomes sources from which they emanated he would deme so to discharge my duties here as that when nounce, asthey deserved to be, as moral treasons
1 go home, I may tell my constituents that I have against the fair fame and dignity of our noble
Stateand the peace, happiness and security of
accomplished the objects for which I came here ahdthe peace, happiness and security of
aThere are some gentlemen in this body-I her sovereign people. There might be times and
T   h ere are some gentlemen in           thi       s body-li
do not wish to specify-who seem to understand places, when and where, the enuniciation of
intuition all the matters that come befoe us, such political heresies however agrarian in their
band are reay to  give th eir votes thee mom ent  t etendencies and red-republican in their odor,
and are ready to give their votes the moment a would be etemles     n    porat
question is broached. I am not one of thatnum-        irely harmless and unimportant.
her; and I am anxious to give to every gentleman  But such was tat the case with emanations
who is disposed to speak, an opportunity'to do fromthis body.  saw  arond him  many
so, that I may myself enjoy the benefit of his among the most eminent and distinguished of the
views. Whilst I should, be glad to see more land-men whose past lives and intellectual larapid progress than we have hitherto made, in bors had already become a part ofthe history
order that we might perfect, as soon as possible, and pride of their country; and to an assembly
the work for which we have assembled, yet I am  graced and adorned by such a presence, the peovery sure that, to the satisfactory accomplish- ple might look with more than wonted confidence
ment of that work, debate is necessary. Gen- | and hearken with a willing ear to its political
tlemen must be permitted to express theirviews, teachings.
and those gentlemen only who are perfectly cog-  He did not wish to interfere with those who,
nizant of eveiy subject, are prepared to vote in by the utterance of new, and to him strange creeds,
the beginning, without examination and without sought to place themselves in a popular attitude
discussion. As I am not one of them, 1 desire to before their peculiar constituency. The ascent
move not at a gallop, but at a more reasonable ofthe politician is ever steep and toilsome-ways
speed. I wish to accord to every gentleman the new and untried-crooked and tortuous are freright to express his opinions and views. I have quently pursued ere station and pomp and power
been a long time a listener to-debates atthe house and all the bright baubles that dazzle around
and elsewhere, and I cannot see that the, latidu- ambition's goal are fairly won. And was this an
dinous and irrelevant debate which gentlemen ordinary political assembly collected together




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for the ordinary purposes of legislation, he most solemn contract-nay could not even bind
would be the last to complain of the mere vaga- themselves-but that having the physical power
ries of gentlemen, however wild and fanciful they must necessarily have the political right at
They should be free to seek their own objects all times, and in any manner they maylchoose, to
in any innocent manner which their hopes and break down every restriction, independent of the
fears might suggest. But the Convention now  most sacred constitutional compacts, and in defiholding its sittings was not of that character. ance of the violated rights of a down trodden and
It had met to frame a new organic and fundamen- oppressed minority. lf'such was indeed the cortal law-to wipe away the aristocratic'features rect theory of government, every consideration
and fettering restrictions that belonged to the past of social and individual security rendered it imgeneration, and in their place, provide new sys- perative that some new and more powerful retems better suited to the intelligence and'necessi- straint should be devised-something more stable
ties of the people, and more in harmony with than might be its whims —and more secure than
the wants and progressive spirit of the age. The: might be its. mercy. Happily such has never
task was one of no little labor or light responsi- been the design of the intelligent citizens of Mability, and he earnestly invoked gentlemen to ryland. The Constitution now in being-the crea-;abandon Eutopian and undigested theories and ture of their formation-contains the very idea
bring to the work before them all the wisdom, of compact, and recognizes its binding power to
dignity and solemnity which the subject and the the fullest extent.'Tis every where filled with
occasion alike, imperatively demand.       conditions and restrictions-mere contracts of
The proposition before us was in the following majorities with minorities, imposed, doubtless, for
words: [Here Mr. D. read' tbe amendment'of- the protection of sections and communities, and
fered by the gentleman from Baltimore city.] It tending to the general benefit of the whole. The
asserted the unrestricted and unqualified power doctrine now urged was a new one-and he nof the people in its broadest and most extended dulged the hope would have passed away, long
sense; and in his judgment, was evidently not de- before it could work out its legitimate and ruin
signed to be followed by any limited and whole- ous consequences.
some constitutional restraint.
so4e constitutional restraint..'   \'     He regarded every provision and guaranty
that had been or might hereafter be inserted in
This question of inherent power of the people the Constitution,'of as much moral and binding
had already been well and ably explained, and force, as it was possible for anything to be under
indeed from the first slight examination, had the canopy of high heaven, and they could not
seemed so clear and plain, as to require no mas- be abolished save in the manner designed, or vioterly argument to bring it within the grasp of the lated without the assumption of the most tyranhumblest comprehension. No one imbuedwith nical and arbitrary power, and without open and
the philosophy of our form of government, and flagrant abuse of all individual and political,understanding the great moral principle upon honesty. True, there was a mode by which'which it rested, had ever denied the fact, that all every feature of an existing government could be
-power was in the people, and that from them, as thrown aside, without consulting the established
-the great inexhaustible source, all power flowed. method. But that was revolution-an expedi-'The very existence of our Government, the crea- enrt not contemplated or provided for in a
ture of their hands, and the offspring of their Constitution', or by laws. It was a something
combined intellect, gives the happiest and noblest without, above, and beyond them all-a fearful
evidence of their free and glorious sovereignty, remedy left to man to protect him from tyranny
They, and they alone, can bind themselves, and and oppression, and always.to be used under a
it is in this verypower of bindingthemselves;that high and awful responsibility to the great God
all free government has its strength and origin. of the Universe.
It is this power that ushers into being great,com-  But it had been gravely argued by, a gentlepacts, and develops itself in the form of Consti- man from the city of Baltimore, "that the term
tutions and solemn agreements, by which the'compact,' in government,implied nothing more
whole people are bound up into a mighty body- than agreement, and might at any time be changed
politic, under the most sacred obligations and by a mere majority without regard to restricguaranties Ito secure each and all in the mutual tions." And pray, sir, what is the difference beenjoyment of every civil right and political lib- tween the words "compact" and "agreement?"
erty. He conceded'to the' people even greater What force does the one carry that might not legipower than the amendment proposed was design- timately be deduced from the other. When he
ed to indicate-for he conceded the power of heard this fancied difference urged with so much
binding themselves by a compact of as much earnestness and gravity, the old and oft quoted
moral force as though executed between indi- couplet came instinctively to his mind, and he
viduals-by a compact infinitely more sacred, be- c'ould not forbear repeating
cause its violation, either in letter or spirit, would  whatdifferene there should 
involve the happiness and peace of a whole peo-'Twixttweedledum and tweedledee.
ple. it was because he entertained this:great
fundamental maxim as. part-aye, as the foun-  Mr. BRENT here arose and said he hoped the
dation of his political faith, that he was coim- gentleman would state his position correctly, bepelled to take issue with the sentiments now boldly fore he likened it to tweedledum and tweedleannounced-that the people, or rather that ma- dee. He had said that the word compact in the
jorities, could not be morally bound by the bill of rights, did not mean contract.




161
Mr. DIRICKsoN resumed. He was still unable fair proportions and harmony of the law itself,
to perceive the nice distinction which'the honora- and finally war with its very vitality. He deble gentleman had in fancy drawn. To his mind sired that the instrument, which should be subthe terms compact, contract, and agreement had mitted for ratification, should be clear and exone common and general meaning, cenveyed one plicit-free from all abstraction-free from all
general and common idea. If there was the- doubt and obscurity-so plain that he "who runs
least distinction, it wascertainlytoo slighttohang might read," and at a glance comprehend all its
an argument upon. The same reasoning would simple provisions. But he did not consider the
apply as properly to the one as.the other. Among amendment as a mere abstraction, however cunmen, as individuals, an agreement was styled a ningly cloaed. An idea lurked amid its folds,
contract, and it only assumed the more dignified which might speedily and easily develop itself
and sounding appellation of compact, when in- into that doctrine, so acceptable to those sections
serted in the more solemn instrument that bound and communities now clamoring for power.
together a sovereign people. Sir, we are not There was in it the admission of a lawless might
here to discuss such slight and trifling distinctions and an overwhelming right, to which this Con-but for the higher and loftier purpose of fram- vention would hardly be willing to give its ening a Constitution for a prosperous and growing dorsement. There was about it the ghostly shapeople. And what, he asked, is the object and dow of another Convention, called by a different
end of all Constitutions? To draw men together power from that by which the present had its
by a closer bond of union-to harmonise the origin, and upon a basis ensuring a result notnow
social world-to secure individual rights, and anticipated. Gentlemen, when too late, would
more than all, to protect minorities from the learn that so far from being an unmeaning abstrong arm of the many. This was its hallowed straction, it was, in truth, a stern and practical
purpose and glorious design. Are gentlemen reality; offered with deep design and significant
then willing to give countenance, to a principle, meaning; that upon it, as a basis,new and startthat must defeatits every object-recognize with-  ing systems might be wakened into life and
out limitation the powerof a lawless majority, energy. He trusted no such supicious and unwhich may set at defiance everyright by us pre- certain feature, would be written upon the pages
scribed? If this new doctrine is to meet your of our future Constitution. Let its mode of
sanction and approval, why are we here to rea- change and alteration be prescribed clear, explison together? Why has every community and cit, and direct. The interest of every commu.
section of Maryland, sent forth its Delegate to nity, and individual, eminently demands that the
this high and wise conclave? Why have the manner of changing the organic law, under which
venerable and the venerated been invoked to per- their lives, their honor, and their property are
feet our councils by their experience and matu- secured and protected, should be, without doubt
rity?  Why, in short, this most expensive  andan  without obscurity.  Mystery should not
"solemn farce," if you are about to recognize a shroud with darkness, a single word or line of
principle which may-though the instrument that instrument, under which a free people are
you are now perfecting, receives the sanction of to live and exercise their inestimable privileges.
the people-tear it asunder and rend it into a  In, his judgment, the gentleman from Caroline,
thousand fragments, in its own time, in its own (Mr. Stewart,) had in a slight degree at least misway-above all Constitution, and beyond all law? apprehened the real issue now under discussion.
Such was not the sort of power he had been He had argued the question as though it was one
taught to respect and cling to, as the great fea- of mere physical strength-and not solely of conture of republican institutions. He believed that stitutional right. No one doubted but that power
Constitutions'were devised mainly to protect was the prerogative of numbers-nor denied but
minorities, and that to adopt any political vagary that they might exercise it in its wildest and
which over-rode and tended to their entire sub- most destructive form.  That was revolution,
version, was to make them little less than the soaring above all order-and far from the idea
merest mockery. Talk of organic and statute sought to be established by the amendment at
laws-where was their efficacy? Where were present occupying our attention. The effort now
minorities to look for protection? Solelyto the made was not only to elevate the majority power
clemency of the majority, and with uplifted to alawless position,but to give it form, and place,
hands, ask as a boon what they should demand asnd dconstitutional being in this very instrument
a right! Such innovation upon the sience of we are framing. It was our duty to recognize the
government, could not well be tolerated in the power, and at the same time to guard and secure
nineteenth century. The day, (if ever it existed,) it by proper moral and legal restrictions; and in
had gone by when the power of numbers alone the solemn compact, now to be ordained, we
was intended to govern the world,         could not be too careful to so distribute this inherent power, that whilst the rights of none are
But there seems to be some gentlemen, who crushed, the general interests of the whole State
regard the amendment as asserting, harmlessly, and community should be placed in the happiest
nothing more than a mere abstract right; and, as and most prosperous condition. There was a
such, avow their willingness to support it. Sir, great morbid and feverish excitement pervading
abstractions are dangerous things to insert in the every quarter of Maryland, and he respectfully
great organic law. Upon them new theories warned gentlemen to abstain from startling and
may be built, and around them novel doctrines terrifyingi doctrines, lest by their unpropitious
generated, which may, in time, destroy all the introduction they should discolor the whole public
21




162
sentiment, and force the already too tender sensi- rights, but looking calmly over the whole field and
bility into disease in its most aggravated form. weighing every circumstance in the balance, so
There was an idea abroadthat might alone would draft his code that, whilst the interests of all retriumph, and that the counties with their sparse ceived its beneficial influence, individual liberty
population were to be trodden down and robbed and sectional independence, should be every
of their political existence. He trusted no such where plainly and distinctly secured. The legisdestiny was in store, and he would see oil pour- lation of past days had shown no disposition upon
ed upon the troubled waters-calming and res- the part of the smaller counties to use their pretoring their deep agitation. Again he invoked the sent power detrimental to the prosperity of other
Convention to abandon abstractions that might portions of the State; on the contrary, they
have such fearful tendencies. And he respectfully now exhibited the noble spectacle of an honest
asked the gentleman who had introduced this people cheerfully discharging every obligation
amendment, what good result he expected from  made essential by our common debt, without
the proposition inserted in the unguarded form  present benefit or future hope.
in which he had offered it for consideration?  By their combined aid and assistance, the
Mr. PRESSTMAN here said he was not apprised mountains have been divided-canals openedof the best mode of carrying it out at present.  railroads created, and a great city reared up in.resued. He understd te all its magnificent proportions. Why then, this
Mr. DIRICKSON resumed. He understood the continued and ungrateful clamoring against the
gentleman then to express a willingness to take power essential to their security and indepena leap fearlessly in the dark-to urge the adop- dence? Why, to illustrate a mere abstraction,
tion of theories, the tremendous consequences of seek to humiliate their pride by placing them in
which no man had anticipated or could begin to a position but little short of mere colonial depenrealize until the very crisis was upon him. Born cies?
of the people, he sympathised in all their hopes A distinguished gentleman from Carroll county,
A distinguished gentleman from Carroll county,
and wishes. He was part and parcel of them. some days since, in speaking of that small minorihIe would have their every right so solemnly ty of the Convention who had voted for represenshielded that the very tyranny of numbers itself tation upon a purely popular basis, had said, with
would stand abashed and rebuked whenever a manner and a menacing expression, that might
tempted to break down the sacred barriers by indicate a threat, "that their constituency was
which they were guarded and preserved.    named' Legion. " Sir, the day of menace and
He had heard with great pleasure the very able threats had gone by. The duty of those who repremarks which had fallen from his honorable and resented the smaller counties was plain and open
highly esteemed friend from the county of Dor- before them. The magic of the word " Legion"
chester, (Mr. Hicks.) He had alluded to the could not deter them from their high and resolved
peculiar legislation of 1836, as affording the purpose. They could not now desert, in the
most distinguishing evidence of the spirit of re- hour of peril, without proving shamefully recreform which had ever marked his whole political ant to the sacred trusts which had been confided
career. So far as the policy of that period had to them by a generous people.
manifested itself in weeding out ancient draw-  To the words of the honorable gentleman from
backs upon the rights and privileges of the peo- Dorchester, (Mr. Phelps,) whilst speaking of the
pie, and in more Ithoroughly republicanising our fertility and beauty of the Eastern Shore, in view
present form of Government, it merited and re- of a separation that might too soon be hurried
ceived his gratitude and approbation. But to upon us, he had listened with mingled emotions
his deep regret he was compelled to say, that of pleasure and pain. With pleasure he felt the
when he remembered the innovation then made consciousness that there was no land upon which
upon the representative system, he was compel- Heaven had smiled more kindly, and surely no peoled to regard it as tne darkest hour in the modern pie more open hearted in their generous hospitaliannals of our State.                      ty, He trusted the hour of separation and seIt was then that the principle of the amend- session would never come. He was a Marylandment new submitted, received, in its most modi- er by birth-a Marylander by nature and by habit.
fled and limited form, a sort of quasi adoption. Every association of the past, and every hope of
Then the entering wedge was pointed-and, un- the future, entwined his affections about his nader the specious and deceptive guise of compro- tive State. There was not within her whole bormise, a change was effected, which, if now ex- ders one spot, from the topmost peak of the Alpanded to the extent advocated, might rend the leghanies to yon distant shore, upon which the
State to fragments. The idea here sought to be eternal thunder of the Atlantic's roar is unengrafted in the bill of rights, was nothing less ceasingly heard, which he did not love and cherthan the basis upon which certain gentlemen ish as consecrated ground. The deeds of her
might rear their darling hobby-" representation patriots and sages-of her warriors and statesbased purely upon population." He could not men, were one common property, and one comfor an instant give countenance to any scheme mon inheritance. Nocommunity orbrotherhood
with such an aim in view. Neither the past his- was ever bound by stronger ties or happier remtory of our State, nor its present condition and iniscences; and, fratricidal indeed would be that
geographical position, warranted or justified it. policy which, tearing asunder these bonds, would
The statesman who would provide wise laws for make one of the brightest of the old thirteen, a
the government of a large community, must not "Niobe " amid the brilliant galaxy of her sister
be swayed in his judgment by mere abstract States. He indulged the hope that gentlemen




163
would refrain from expressions which grated a rule to distinguish it from a compact or agreeharshly upon the feelings of so large a portion ment. A compact is a promise proceeding from
of the community. Outrage, heaped upon out- us-law is a command directing us."
rage, might compel them, however reluctantly, to  He had looked for other authorities on the
begin to think seriously of separation. Leave subject, but they were all out of the library-such
them in their present position of independence, as Story, Rawle, Wilson, Madison, and others.
and peace and harmony would dwell forever in But, if this was to be considered as correct
our borders. Reduce them to the condition of authority in reference to our political institucolonies, and no man could tell the end. They tions, it will be seen that this Constitution instead
had lived too long as freemen, ever to exist quiet- of being a compact, or contract, is a "rule of acly and tamely as bondsmen.                 tion," prescribed by the supreme power in the
Ere concluding his remarks, he desired to say, State. If this be the case, how stands the questhat in his own county, among his own people, tion? The gentleman from Baltimore, had ofand in his own humble way, he had, for years fered an amendment which was now before the
past, been regarded as a reformer. Great as was the House, a simple, plain, intelligent proposithe respect and veneration cherished for those tion. In whom is power vested? Who has the
noble ancestors who had transmitted the present right to change the Constitution? The people
Constitution under which we had so long and so constitute the supreme power of the State, and
happily lived, he thought many and great chang- the right is in this supreme power alone, and yet
es might be effected, conducive to the general in- the assertion is made, that they. cannot exercise
terest and public welfare. He did not regard the their own discretion in effecting the object, owscience of government as perfected and finished, ing to the compact contained in the Constitubut believed, that like all other sciences, and like tion. He could readily understand how, between
man himself, would be constantly undergoing different sovereignties, compacts of a binding
improvements-constantly advancing toward that force may be made; but the people, by whom our
high state of perfection which was evidently de- Constitution was made, being the sovereign
signed by the God of the Universe. Our fathers power themselves, cannot bind themselves and
had made great strides and done nobly in their posterity, by any compact in the form of a Conday-let us show ourselves worthy of such pater- stitution. The proposition before the House was
nity-worthy of their approbation, by seeking a a naked one. The gentleman from Kent has
still more elevated degree of political knowledge. thrown in an amendment, which entirely destroys
The instinct of the beast might remain still, but the original proposition. He contends that the'twas the province of man and intellect ever to be people have not the power to change the Constimoving onward to an higher and loftier sphere. tution in any other way than in the manner preHe was ready to co-operate with gentlemen eve- scribed by the Constitution.
ry where in the great work of reform before them.  Mr. CHAMBERS explained, that when the gen.
He was ready to abase the aristocrat and exalt tleman from Baltimore offered his amendment,
the people, and to infuse the spirit of equality he had asked him to explain it. The gentleman
into every branch and department of our govern- from Baltimore, replied that it was his impresment. But he never could consent to give his sion that the people, without consent of law, in
sanction to the principle contained in the amend- disregard of the Constitution, in any way, by
ment of Mr. Presstman, under discussion, even any mode, might upset the existing government,
though gentleman assumed for it the name and or put in operation a new system, and that this
garb of reform. He never could aid in the forging was the right he intended to recognize, and fhat
of chains destined eventually to fetter and bind those who came after us, could put their own
the liberties of his own generous and noble con- construction on the article.
stituency.                                   Mr. SPENCER stated what he had understood
Mr. BROWN followed in some remarks, which to be the course of the interrogatory; and then
are withheld for the purpose of his revision, (he proceededto defend the proposition of the gentlebeing detained by sickness at home.) The re- man from Baltimore, which was to be found emmarks will be published as soon as possible.  bodied in the Constitutions of eighteen of the
Mr. SPENCER expressed hisregret, that the de- States of the Union. What reason then, he
bate had taken such a wide range, and that the asked, was there to dread its operation in Marysubject of representation should have been land, more than it had been dreaded in other
brought into it. For the first time, in his life, he States? Was there more of a mob spirit here?
had heard that the Constitution was to be regard- Was not the people of our State orderly citizens
ed as a compact, and to be treated in the same abiding by law, and governed by a Constitution?
manner as a contract, or agreement between Hadthey not given the strongest evidence of
parties. There were statesmen, who contended their love of order, in their long submission to
that the Constitution of the United States was a the old Constitution? How often had the public
compact, but no such proposition had ever been will been thwarted by the legislative power? Yet
urged in relation to the state Constitutions. In they had borne the outrages long and quietly.
order to show that this was an incorrect view, The amendment of the gentleman from  Kent,
he quoted from Chitty's Blackstone, vol. i, p. 44, involved both an admission and a denial of the
the following definition of the word "compact:" right of the people. It asserts that they have the
Law "is a rule of civil conduct prescribed by right, but provides that they shall only exercise
the supreme power in a State, commanding what it in the way prescribed for them, and if they
is right and prohibiting what is wrong." "It is use it in any other way, they shall be adjudged




164
guilty of treason. Thus the first principle of might be imposed by other clauses in the Constipopular right is denied. Now he could never tution. If the gentleman would examine the
admit that the Constitution and laws possess a bill of rights, he would find that it was full of
power above the people.                    practical principles intended to be applied to the
Mr. TucK asked if he understood the gentle- legislation of the State. Would the gentleman
man from Queen Anne's, as saying, that when the say, that the provision which declared, that excesConstitution has provided a mode by which'the sive bail should not be required, was a mere abpeople may change the Constitution, they have,a stract principle? Or that trial by jury was so? Or
right to change it in any other way than the the provision which declared that property should
legal way?                                 not accumulate in a religious corporation? And
Mr. SPENCER said the people might change so as to numerous others.   Mr. D. traced
their Constitution, in any way they might think the bill of rightsto its early history-showing the
best.'he right is inalienable. He would not causes which had called it into being, and that,
not now go into the question, how the people from the altered condition of things, the necesmight carry out their will; but he could make sity for such a declaration had passed away; but
it clear that, when necessary, it might be done expressed his unwillingness to part with it, for
by a peaceful, tranquil process.           no other reason than its historical interest. The
He had only risen, however, for the purpose practical parts of this declaration might otherof stating what was his understanding, as to the wise be incorporated under various heads in the
meaning of compact and law. So far as he was body of the Constitution. He insisted that the
concerned, he would never consent to let the proposition'of the gentleman fromBaltimore,[Mr.
Constitution go out to the people in such vague Presstrnan] in any good sense that could be attachand undefined terms, as are to be found in the ed to it, was already set forth in the bill of rights.
old Constitution. He wished all the rights and The proposition was susceptible of three conpowers conferred or recognized in it, to be so structions. The first was consistent with our
clearly defined and expressed, that no one here- views of Government, and with the principles
after could misunderstand them. He was ready, embodied'in the bill of rights: that was to say,
at any moment, to sustain his position. He was that the whole people might, at any time, change
prepared for any argument on the subject, and if their form of Government; that all the parties
it was denied, he should hereafter defend it.  making a compact, might make a new one; that
Mr. DoNALDsoN said, he was in favor of the was not, and could not be denied.  Another
amendment of the gentleman from Kent, [Mr. ground was, that a majority of the people (and he
Chambera,] and against the admission into the wished this'distinction to be observed,) had the
bill of rights of any such provision as had been right to call a Convention and to alter the Conoffered by the gentleman from  Baltimore city, stitution by the bare right of a numerical major[Mr. Presstman.] He, [Mr. D,] thought it had ity, without any forms of law. The gentleman
been demonstrated, in the progress of this discus- shakes his head. Whether this is his view or
sion, that the incorporation of such a principle not; it is certainly the view of many gentlemen
into the organic law, would be improper, and on this floor.
highly inconsistent with those principles by  Mr. PRESSTMlAN. Whatever I may think of
which the State of Maryland had been' governed the power of a majority, my amendment speaks
from the beginning, and with the true principles for itself.
of Government every where. It was, in fact, the  Mr. CHAMBIERS. But I want to know your
construction put upon the article which gave it meaning?
a beneficial or an injurious influence, and if it  Mr. PRESSTMAN. You wish to know more than
was to be left in such a condition that it might I am willing you should know at this time.
become a ground of quarrel hereafter-if it was  Mr. DONALDSON proceeded. He did not say
not made so explicit one way or the other as to this was the exclusive meaning, but this was one
place it beyond the reach of those agitating dip- of the meanings.
cussions which work injury to every commu-   There was another classof gentlemen who
nity in which they exist-then it ought not to said there must be a legal mode of carrying
be there in any form. ie felt surprised that gen- out this principle at the ballot box. To that
tlemen, who were the advocates of the unlimited class belonged the colleague of the gentleman
power   of the majority, should desire to from Baltimore city, (Mr. Brent,) and he, (Mr.
avoid expressing  their  meaning  in terms D.,) placed himself among those who said, that
which could not be misunderstood.   Those the object must be effected according to the funwith whom he, [Mr. D.] acted, had no desire damental rule prescribed by the compact. He
that their views should be  misapprehended. had been much pleased to hear the remarks of
They did not wish that any article of doubtful the gentleman from Baltimore city, (Mr. Brent,)
import should find its way into the Constitution. on that'point, because that gentleman was much
The gentleman from Baltimore county, [Mr. less radical, (not using the term in any offensive
Ridgely,] had stated that the amendment of the sense,) than his colleague. In this respect, (said
gentleman from Baltimore city, was an abstract Mr. D.,) "not to be worst, stands in some rank
proposition, and that, therefore, he was opposed of praise."
to any qualification being annexed to it in the  Here then, was a proposition that was open to
bill of rights; thus assuming that the bill of rights three distinct interpretations. Ought it not to be
was a mere statement of the abstract principles made explicit? The evil to be apprehended was
of Government, subject to such qualifications as that the clause would receive its interpretation,




165
from the sources from which it emanated; from  Presslman,) in his remarks, had cited the authothe opinions of those who sustained it, and whose rity of the late John C. Calhoun. However
views, as the gentleman from  Carroll, (Mr. much he, [Mr, D.,] might disagree with that
Brown,) had yesterday remarked, would go "upon great man in some of the principles he had mainthe record which all the waters of the Chesa- tained, as to the relative powers and duties of
peake could never wash out."  That would be the general and State governments of the Union,
looked to as its contemporaneous exposition. The yet he,,[Mr. D.,] declared that illustrious statesmost innocent proposition in the world might, in man's theory of government were identical
such a way, become most noxious. The princi- with that which he, [Mr. D.,] had avowed,
pie, that a mere numerical majority should in all and in direct opposition to that of the gentlecases rule, was one which he had never pretended man from the city of Baltimore. Mr. D. read
to acknowledge. it seemed to him, that the pro- several extracts from the speeches of Mr. Calposition, interpreted as it had been by gentlemen houn in support of this position; and asked whethwho advocated its adoption, was identical with er any thing couldbe more explicit? [Calhoun's
that which had been voted down the other day, in Speeches, pp. 29, 65, 247, ed. of 1843.] Howrespect to representation according to popula- ever much the opinions of Mr.? Calhoun might
tion. If a mere numerical majority, as such, have changed, or seemed to have charged, upon
had the right at any time to annul the Constitution other questions, he had in this stood from the
and the Laws, then that majority had a right to beginning, firm and immovable, "like a great
be represented according to their numbers. The sea-mark standing every flaw."
one was a necessary corollary from the other.  According to the argument of gentlemen, this
Mr. D. proceeded to express the extreme sur- Constitution was not to bind us a single moment,
prise with which he had heard the gentleman if a bare numerical majority should decree its
from Queen Anne's, (Mr. Spencer,) argue that destruction. Of course, then, the protection of
the Constitution was not founded on compact; the minority was gone. Now, the true principle
when the very first article of the bill of rights was, not that numbers should have no weight;
declared, "that all government of right originates not that wealth should have no weight; not that
from the people, isfounded in compact only, and territory should have no weight; not that other
instituted solely for the good of the whole."  considerations growing out of divided or aggreNow, whatever that might mean, or however gated interests should have no weight; but that,
"absurd" it might be, it was there; our forefath- when a government was to be made for the people
ers had placed it there, and there it had remain- of a State, all these interests should be considered for seventy-five years. Whether it was a ed. Upon this question of representation, for
sound principle or not, it came from a high instance, he was for a compromise-but against
source-a source from which all the principles the principle for ever, that a mere majority of
of modern political liberty were derived; and the numbers should have the right to govern the rest
gentleman from Queen Anne's, (Mr. Spencer,) absolutely. The advantage and the interest of
knows that it was the very principle established the whole were to be consulted, and he had not
by JohnLocke, and adopted into our Constitution the slightest idea that any interest would be
as a protection against arbitrary power. His, injured when such a compromise was made.
(Mr. D's,) doctrine was that the consent of all Wherever there is danger of one aggregated
the individuals of a community was necessary to interest possessing the whole power in a State,
form a government, and that it was a compact it was wrong and must lead to injustice. He
of thewhole. The terms of the compact were stated that the decision of political questions
binding. A compact, if he understood the term, and elections by majorities, was merely a rule
was something that bound together. The differ- of convenience; and that, for the same object, the
ences between law and compact,as defined by the power of deciding such questions, was often givgentleman from Queen Anne's, (Mr. Spencer,) en, as in this State, to mere pluralties.
were entirely aside from the subject. They had  He then proceeded to reply to the argument of
nothing to do with it. Mr. D. illustrated this Mr. JOHNSON, made a day or two since. That
position, and proceeded to show that a compact gentleman had said that a bare numerical majoriwas no compact at all, if it could at any moment ty of the people had a right at any moment, and
be annulled without the consent of the parties in any manner, to annul the whole or any part of
makingit.                                 the Constitution, because, in his own words,
He had stated the meaning of the amendment " the eternal people were immortal." Now, if
of the gentleman from  Baltimore city, (Mr. the people, in all its component parts, were eterPresstman,) under the different constructions nal, then they were eternally bound by any cornthat might be put upon it; and that there was a pact. If, however, the gentleman's reasoning
certain class of gentlemen (amongst whom, as on that point was sound, it would lead directly
he understood the gentleman from Baltimore city, to the result of repudiation; because, if the comMr. Presstman, was to be placed,) putting a pact of the people with each other was not bindlarge and radical construction upon it-a con- ing for a single day, neither could the contract
struction against which, he, (Mr. D.,) protested, of the whole, with any creditor of the State, be
and which he did not desire to see sent out from  binding for a longer time. He knew that there
this Convention, without the addition contempla- was a question, how far this power of binding a
ted by the amendment of the gentleman from  community from generation to generation could
Kent, (Mr Chambers.)                      be exercised, yet it presented no practical diffiThe gentleman from Baltimore city, (Mr. culty, because we are bound to place such pro



166
visions in the Constitution as will prevent the               REPORT.
existence of such a difficulty.  Some method
must either be provided there, or the matter  Article 1st. There shall be a Treasury Departmust be left to that common law which the meat, consisting of a Comptroller chosen by the
great expounder of the Constitution has laid qualified electors ofthe State at each election of
down in the case of Luther vs. Borden, as the members of the House of Delegates, and shall
American doctrineno  practical receive an annual salary of three thousand dolAmerican doctrine., There is no practical
American doctrine.  There        lars; also of a Treasurer to be appointed by the
difficulty, however; for, in this age of the world, lars; aso of  a Treasuer to  e at each session
two houses of the Legislature at each session
no man will so clog the wheels of goverment as theeof o  ot ballot, who shall receive an n
to stay progress or prevent improvement. With
us, danger is to be apprehended rather from onual salary of two thousand dollars and neither
of the said officers shall be allowed or receive.
a contrary source.  We need brakes-we are
any fees, commissionsor perquisites of any kind
~going too rapidly.            ~in addition to his salary, for the performance of
Mr. D. then proceeded to speak of the right of any duty or service whatever. In case of a
revolution, as recognized (for extreme cases,) vacancy in either of the officers, by death or
by the Constitution,                        otherwise, the Governor, by and with the advice
But gave way to a motion that the Convention and consent of the Senate, shall fill such vacancy
adjourn.                                    by appointment to continue until another elecThe motion having been agreed to, the Con- tion by the people or a choice by the Legislature
vention adjourned until to-morrow morning at as the case may be. The Comptroller and the
11 o'clock.                                 Treasurer shall keep'their offices at the seat of
Government, take such oath and enter into such
bonds for the faithful discharge of their duties as.
I-* —*wc —~- -      (the Legislature may?prescribe.
| lrt. 2d. The Comptroller shallhave a general
superintendance of the fiscal affairs of the State;
FRIDAY, January 31st, 1851.    digest and prepare plans for the improvement
GRAUFF.0  r    and management of the revenue, and for the supPrayer by the Rev. Mr. GRAUFF...ev
TPrayer by the Rev. Mr. GRAUFFu    m      port of the public credit; shall report estimates
The roll having been called-no qu was of the revenue and expenditure of the State, and
present. M                 Iove a call of superintend and enforce the collection of all. MICH L NWCO  I move a     o  taxes and revenue; adjust, settle and preserve all
the Convl h                      j ention.  public accounts, decide on the forms of keeping
The P.  The rl hs jt been and stating accounts, and grant, under regulations
called.                                     prescribed by law, all warrants for moneys to be
Mr. NEWCOMER. How then are we to get the issued from the treasury, in pursuance of appromembers here? I suppose the proper plan will priations by law, prescribe the formalities of the
be to send the officers of the Convention for transfer of stock or other evidences of the State
them.                                       debt, and countersign the same, without which
After some conversation, the President direc- such evidences shall not be valid; he shall make
ted the Secretary' again to call the names of full reports of all his proceedings, andof the state
those members who had not answered on the of the Treasury Department within ten days after
first call of the roll.     \the commencement of each session of the LegisThe names having been iccordingly called, lature, and perform such other duties as shall be
and a number of members having entered the prescribed by law.
hall, ad interim, a quorum was found to be pre-.Art. 3d. The Treasurer shall receive and keep
sent.                                       the moneys of the State, and disburse the same
The journal of yesterday was read and ap- upon warrants drawn by the Comptroller and
proved.                                     not otherwise; he shall take receipts for all
moneys paid by him, and all receipts for moneys
The President laid before the Convention a received by him shall be endorsed upon warcommunication from the Treasurer of the State, rants signed by the Comptroller, without which
relative to the interest on taxes which has been warrant so signed, no acknowledgement of money
remitted by the Executive under the provisions received into the Treasury shall be valid. Upon
of chapter 207, of December session 1842, as re- warrants issued by the Comptroller; he shall
quired by the order of the Convention of 3rd make arrangements for the payment of the interinst.                                      est of the public debt, and for the purchase
Which was read, and                      thereof on account of the sinking fund. Every
On motion of Mr. BROWN,                 bond, certificate or other evidence of the debt of
Ordered to be printed,                    the State, shall be signed by the Treasurer andL
TREASURY DEPARTMENT.             countersigned by the Comptroller, and no new
certificate or other evidence intended to replace
Mr. MCLANE, chairman of the committee on another shall be issued until the old one shall be
the Treasury Department, submitted the follow- delivered to the Treasurer, and authority execuing report:                                 ted in due form for the transfer of the same, shall
The committee appointed "to consider and re- be filed in his office, and the transfer accordingly
port respecting the Treasury Department,"   made on the books thereof, and the certificate ok




167
other evidence cancelled; but the Legislature jection was,that it would be impossible to carry out
may make provision for the loss of certificates or the theory, because any single individual would
other evidences of the debt. The Treasurer then have the right,when a newcompact was
shall render his accounts quarterly to the Comp- to be made, to say he would not enter into it; and
troller; and on the third day of each session of could thus, by a factious opposition, impede the
the Legislature, shall submit to the Senate and will of an overwhelmning majority of a commuHouse of Delegates, fair and accurate copies of nity. To this, as to all other general principles,
all accounts by him from time to time rendered the qualification was to be attached, that a theoand settled with the Comptroller. He shall at retical right could not always be enforced. A man
all times submit to the Comptroller the inspec- who would proceed factiously to assert a right
tion of the moneys in his hands, and perform  where an immense majority of the community
all other duties that shall be prescribed by law.  was against him, might commit a moral wrong;
The report was read, and on motion of Mr. and in this case it would be an act of madness.
MCLANE, was ordered to be printed.         So that no practical difficulty could, in fact, ever
INTERL   arise.  Still, the theoretical right was there.
INTERNAL bIMPROVEMENTS, &C.
None of these metaphysical rights could be taken
Mr.McLANE, chairman of the committee on abstractly, but must be modified according to the
the Treasury Department to which was referred circumstances of the ease. Mr. D. further illusthe order requiring said committee to inquire trated the argument by showing that the princiinto the expediency of incorporating.in the Con- ple claimed on the other side of the absolute
stitution a clause prohibiting the Legislature power of the majority, is necessarily subject to
from creating debts, appropriating the public many qualifications in practice.
funds for works of internal improvements or other  He had yesterday stated (though he could not
objects not connected with a strictly economical go fully into the question,) that there was no pracadministration of the State government, &c., tical difficulty in relation to this matter. The
asked that said committee be discharged from  gentleman from Frederick, [Mr. Johnson,] had
the further consideration thereof, and that the declared that he could not bind the people of the
same be referred to the committee on the Legis- next generation as to matter of politics-as to
lative Department.                         Constitutions. He [Mr. D.] argued that the peoMr. McLaNE remarked that the Committee pie, if they were "eternal," could so bind themdid not consider this subject as coming within the selves. If our new Constitution shall provide,
legitimate range of their duties, and had therefore as he presumed it would. for future amendment
instructed him to move that they be discharged by means of Conventions, or if the 59 article profrom its further consideration, and that it he refer- hibiting the legislature from taking any such action
red to the Committee on the Legislative Depart- were stricken out, [and he persumed no one was
ment of the Government. It was also under- in favor of retaining it,] then all danger would
stood that the subject was embraced in a report be averted.
already submitted by the last named Committee.  Had not this Convention assembled in pursuThe change of reference was ordered accord- ance of a law passed in the face of that very aringly.                                    tide? That law would be right and constitutional
On motion of Mr. MCMASTER, the Convention and by no means revolutionary, if the 59th artipassed to the orders of the day.           cle were not in existence; but it seemed to him,
THE BILL OF  RIGHTunder present circumstances, that the act was
THE BiLL OiF RiGH.     revolutionary, although in this particular case it
Thereupon, the Convention resumed the con- had taken the forms of law, and had been acquisideration of the Declaration of Rights of the esced in by the whole people.  He did not wish
State of Maryland, and of the amendments pend- again to subject the community to any such daning thereto.                              ger-because, of late years, the popular impulses
Mr. DONALDSON, who was entitled to the floor had become too strong for such trials.
from yesterday, resumed and concluded his re-  So in relation to the question of the public debt
marks.                                    -as to how far one generation could bind anothAfter briefly re-capitulating the points of ob- er to repay the money which it had squandered.
jection which he had made yesterday against the There, he thought, was room for argument-but
amendment of the gentleman from Baltimore still, the error should always be upon that
city, (Mr. Presstman,) and the reasons which side which maintained the public faith without
led him to think that that amendment should be the slighest blur. He supposed it to be an almost
qualified by the restriction contemplated in the unanimous feeling in this body, that restrictions
amendment of the gentleman from IKent, (Mr. should be placed in the power of the Legislature
Chambers,) Mr. D. proceeded to cite the au- to. contract public debt; that the property of our
thority,of Washington, which he had yesterday descendants should not be thus deeply mortgaged,
overlooked, to sustain his, [Mr. D's] position, but that provision should be made for the paythat a compact signified a compact of the whole, ment of the debt within a reasonable time. Adopt
of every part with every other part. And this, the principle maintained by the gentleman from
it seemed to him, was the only sound view to Frederick, (Mr. Johnson,) and there would be
adopt in any Constitution.                no such thing as faith in a political community;
He had also omitted yesterday, he said, to no- there would be no power to bind even for a
tice an objection which might be made to his con- day.  That was one extreme.  The other exstruction of the compact of government. That ob- treme was binding a people forever, for any




168
amount of debt which the State might choose asserted, without fear of contradiction, that this
to incur. Still, this was not a practical difficulty, question of representation according to populabecause the remedy was easy, and sure to be ap- tion, or the right of a majority to rule, never
plied,                                      could have procured the call of this Convention.
A few words as to the right of revolution:  If reform  meant improvement, he hoped that
There was an admirable article, (the 4th,) in the no gentleman had a seat in this Convention, who
billof rights of the State of Maryland, (which  was not ready to make a great many reforms;
Mr. D. read.) There was embodied the true but this "concert of action," which had been
principle which lay at the foundation of all our called for, could not be obtained, by those who
rights, and which constituted our true security arrogated to themselves exclusively the title of
for the future, It was all that we wanted of the reformers; and strove to inflict on others the odiright of revoltition-more would be dangerous.  uim of being anti-reformers. In almost every
Mr. D. dwelt at some length upon the confu- county in the State, the question of representation
sion of terms, and consequent confusion of ideas according to population, was either not broachof those gentlemen who had spoken of all politi- ed, or was disavowed; the friends of the princal changes, however slight, as being revolutions ciple tried to avoid declaring themselves in fe-as taking from the word "revolution," all its vor of it, and put the question of a Convention
true political meaning-and giving the same sig- upon other grounds. They said, we must reform
nificance to. things that were the most ban- the Judiciary; we must place checksupon the Leeficial and the most noxious.  Revolution in lature, in relation to the exercise of this or that
physics and revolution in politics, were things power; and they pointed out quite a variety of
widely different in their nature. Unless the me- reforms, some of them good enough, and others
thod prescribed in the Constitution was adopted, from which he hoped we might be delivered.
or in case none such were provided, unless the This reform party was something like the share
American doctrine of Mr. Webster were applied, which the subtle Jacob secured of his father-inno changes in the Constitution could, in his, [Mr. law Laban's flocks, "ring-straked, speckled and
D's,] opinion be made, except there were such spotted:" it had as many colors as Joseph's coat.
a degree of oppression as would authorise a re- There was no such thing as concert of action
sort tothe right of revolution, as defined in the among reformers. They disagreed upon every
fourth article of our bill of rights.       proposition, and they ought to disagree, because
Gentleman might say, must we then suffer, out of that conflict good might ultimately come.
andj continue to suffer, under mis-government?  If the Convention could succeed in establishing
He would answer boldly, yes! so long as we such a system of reform as that- justice, rigid,
could endure it-so long as there were legal prompt, efficient justice might be brought within
modes of redress-so long as there was any hope the reach of every man; if it should check the
that liberty might be preserved and property pro- power of the Legislature to contract debts; if it
tected. The regular operations of time, and of should arrest special legislation by which genepublic opinion would effect the requisite changes. ral rules and rights were disregarded for particuHe illustrated this point. He had been suppo- lar purposes; if it should take away from the
sing, (he said,) a case where civil rights were Legislature the power of divorce, which was
invaded, but where mere abstract political rights now used wantonly, recklessly, and even shamewere concerned —as, for instance, where the lessly, to cancel and tear to pieces, the bond
right to a certain numerical proportion of rep- that made man and wife one; if it should give
pesentation was not enjoyed to the extent claim- to the State a substantial and well-regulated
ed by certain parts of the State-in such a case he common school system; organise the treasury.
cared it criminal to change or overturn the department on a proper basis, and accomplish
government in a revolutionary manner. Our po- other objects which he detailed; if these things
litical rights were only valuable as they secured should be done, and be done well, there was
to us our civil rights. And so long as our civil no ground for apprehension that the people
rights were in no danger of invasion, there was would have a revolution, or even a new Convennothing to justify revolution. The political ob- tion very soon.
jects avowed here were made of undue import-  He pointed out briefly the evils which would
ance. He admired, the other day, the candor result to society from the principle contended for,
of the distinguished gentleman from Frederick, that a bare majority had a right, at any moment,
(Mr. Thomas,) formerly Governor of the State, and in any way, to change their Constitution; and
when he declared that this question of represen- said, this was in fact confounding right and powtation was a mere question concerning the dis- er, and the practical operation of that principle
tributionof political power, and quickly added, at would realize with us a state of things graphithe suggestion of another gentleman, "and of of- cally depicted by the great poet of the human
fice.", The greater part of the people were sub- race-poet, historian, and prophet:
limely indifferent to mere politics and politicians,:unless in cases where substantial rights were in- Force should be right, or rather right and wrong
volved. Mere politics-as such —the struggle who (Between whose endless jar justice resides,)
should have one office or who should have ano- Should lose their names, and so should justice
ther, had become offensive to the people of the  too,
State. The true objects of reform, in his opinion, Then every thing resolves itself in power,,had no reference to mere political rights. And he Power into will, will into appetite,




169
And appetite, an universal wolf,              He then referred, as an illustration of the imSo doubly seconded by will and power,       propriety of quoting English statesmen on such
Must make, per force, an universal prey,    points, to the history of the vacation of the throne
And last, eat up itself."                   by James the Second, on the invasion of William,
Yes, "last eat up itself! "-for such a princi- Prince of Orange, and to the reason of the difple must die of its own excess. It leads directly ficulties in which the Parliament was involved.
to anarchy; and anarchy never did last long-in  The discussion given in Grey's Debates, shows
the very nature of things it cannot last long. But that they were embarrassed by the highly artifiin the mean time a very severe crisis might occur, cial nature of their Constitution, and all their
which might lead to disastrous consequences. The proceeding is explicable only by reference to the
revolution is peaceful to-day, but no one could fictions ofthatConstitution. Our casewas differsay that it would not be bloody to-morrow.  ent, and different rules and maxims should govMr. McLANE spoke at some length, but the ern our decision.
sketch which was prepared, is kept back for re-  Mr. CHAMBERS, of Kent, took the floor, but
vision. It will be published early.        yielded to a motion for adjournment.
Mr. GWINN, stated that the House had been  The motion was waived for the moment, to
told in the commencement of this discussion, enable
that the proposition of his colleague, (Mr. Presst-  Mr. C. to move, that when the Convention
man,) undeniable as it was in the abstract, was adjourns, it adjourn to meet at twelve o'clock on
embarrassed by the differing sentiments express- Monday.
ed by those who supported it. The gentleman  Ordered accordingly.
from Worcester had argued against its insertion  And thereupon,
in the bill of rights as radically wrong, because  The Convention adjourned until 12 o'clock on
it was a mere abstraction declaring only that Monday next.
which was self-evident, and that it was therefore, unnecessary to adopt it as an article. The___.-__
gentleman from Anne Arundel on the other hand,
was prepared to vote against it as an abstract         MONDAY, February 3rd, 1851.
idea, which was dangerous in its tendency. He
could not attempt to calculate the extent to  The Convention, pursuant to its order of Friwhich these different opinions would influence day last, met this day at 12 o'clock.
the House in its decision.                   Prayer was made by the Rev. Mr. RIFFITH.
o s, t  t   w  n   The roll having been called, the journal of
He desired, however, to say, that there was no Friday was read.
historical proof to sustain the idea that the pre-  The PRESIDENT announced that reports of
sent Constitution was a compact among the coun- committees were in order.
ties, and therefore, the resolution was not objec-  No reports were made.
tionable on that account. Butthe true relation 
of the counties to the State would be discussed            DESKS, ETC.
hereafter, with reference to the question of re-  Mr. MITCHELL rose to offer an order, in regard
presentation, when that subject came up.   to which, he said, he had not consulted any
The gentleman from Anne Arundel thinks that other members of the body. He thought, howour Constitution will derive its sole validity from  ever, that the.opinions of gentlemen who had had
the ultimate ratification by the people. If this any experience here, would concur with his
be true, and the Constitution be adopted, it is an own, as to the propriety of the adoption of the
admission of the right of the majority to frame a resolution.
government, binding on the minority; and this  The order was read as follows:
must be the result.' Whatever basis of represen-  "Ordered, That all the desks be removed from
tation is adopted, or whatever relation between the hall, and that a large table be substituted
the counties is established, the Constitution will where members can write, and that the commitbe the ordinance of the majority.          tee appointed for the purpose of examining the
It seemed to him that if the Constitution they condition of the Furnace, be instructed to have
were framing, derived all its vitality and force the flues closed, and that the old fire place be
from the assent of a majority of the people, that substituted."
this House had no right to reject the proposition  Mr. MAGRAW rose to enquire whether there
which asserted that the people could exercise the was any such committee as a committee on gas.
same power hereafter.                        Mr. MITCHELL suggested that it would be well
He maintained that every republican Constitu- so to modify the resolution, as to provide that
tion contains within itself, expressed or unex- gentlemen who might address the Convention,
pressed, theprinciple that all power resides in the should, if they thought proper, speak from the
people, and that the government which proceeds platform on which the President's desk stood, infrom them, is revisable by the same authority. stead of speaking from their own places.
For if it is intended for their advantage only, and  Mr. McMASTER moved that the order be laid
originates in their consent, they can take its ex- upon the table.
ercise into their own hands, as readily as a  And accordingly,
principal can revoke a power of attorney; and  On motion of Mr. BRENT, of Baltimore city,
it does not necessarily follow that the exercise of the Convention proceeded to the consideration of
this power would be an act of revolution.  the unfinished business of Saturday last.
22




170
THE BILL OF RIGHTS.           our Convention bill, recognises the majority prinThe Convention resumed the consideraton of ciple. The Constitution which we make, may
the order oftea  be    the (laybeereport submitted be carried here by a majority of counties, if the
ye order of     n the day, being the report submitted majority of a delegation were entitled to cast the
ofby Mr. DoRstte on the1 th instant, as chairman vote of a county, voted against by a majority of
of the sommitiee on the declaration of rihts.  the counties, and yet be ratified by the popular
The question pending before the Convention, vote of the city of Baltimore and the larger
was on the amendment offered by Mr. CHAMBERS counties. The Convention are but agents in the
of Kent, on t he       289th   instant, to the amendment business-after they have concluded their work.
ofiere.by  Mr.  oPRESSTA, o an the n28thinstatt. it is submitted to the people, and, by force of
floor.         O   ent, was entitled to the their majority vote, becomes a supreme ordinance.
Mr. C. said that, in order to enable the gentleman from Baltimore city, (Mr. Gwinn,) whose  Illustrations drawn from English constitutional
argument had been broken off by the near ap- law wyere not applicable. The arguments of Fox,
proach of the hour of adjournment, to conclude Grey, Erskine and Sheridan in the movements in
his remarks, he, (Mr. C.) would waive his right the British Parliament, on the subject of reform,
to the floor.                             in the year 1797, went on the ground of conveniMr. GWINN thereupon took the floor.      ence and not of right. The Constitution of the
Mr. GWINN said he would take advantage of State did not recognize the principle of popular
the kindness of the gentleman from Kent, to con- rule, and Mr. Pitt was able to resist all claim
elude the remarks, which, in consequence of his which was put on this ground. So too, in 1688,
state of health and the weariness of the Hlouse, when the Parliament met to remedy the state of
induced him to omit pressing on the Convention things ensuing on the flight of James I., it was
at its last sitting. He would promise to repay seriously embarrassed. "The King can do no
that kindness, by occupying no more time than wrong," and, " the King never dies," were maxwas necessary, to express his views on the sub- ims, which utterly contradicted all notion of right
ject under discussion. The amendment of his to fill the throne, or to consider it vacated. It
colleague was, to insert in the bill of rights, a was compelled to adopt an extraordinary and utdeclaration of the inalienable right of the people terly inconsistent resolution, to arrive at any reto change, alter or abrogate their form of govern- sult. After examining, critically, this resolution,
moent. The gentleman from Kent, (Mr. Chamin- he showed that no such difficulty could occur
bers,) had moved to amend the proposition, by under the doctrine of a majority. It arose out of
adding the words " according to the law or Con- their artificial system. But there was an intrinstitution of the State." This amendment was sic right in the doctrine of a majority power.
directly in contradiction of the original propo- Those who had the most numerous interest in life
sition. If the right was inalienable in the peo- and liberty were certainly entitled to prescribe
ple, it could not be definitively surrendered to a the laws by which they should be governed. It
body which was not the people, and which, as it was the rule of every deliberative body-it should
was part of the government, might be interested be the rule of that supreme Parliament of which
in resisting that power of reformation which it all, who have an interest inl the State, are mealwas the object of the article to recognise. The bers.'
proposition involved no danger. The right must 
beexercised with, moderation, and with-in the, He stated that seventeen or eighteen States
be exercised with moderation, and within the
limits of that " moral competence," which re-had adopted the principle ofithe amendment of
strains every legislative body  his colleague, without the modification of the
gentleman from Kent; and these were not new
The article, as proposed by his colleague, did States, animated by a desire to overleap the annot assert a revolutionary principle. That prin- cient land-marks, in their,eagerness after novelcipld' exists in all governments, without provision ty. Among them were old, discreet and orderly,
made for its exercise. The object Of the amend- and what were esteemed conservative, States.
ment was not to assert a right of revolution, but They had adopted the principle, and no danger
to compel the recognition by the existing govern- or inconvenience had resulted. Yet the cry had
ment, of the source of power, in the State, and been raised thatits introduction here was warrant
to constrain it by moral force to accommo- for arevolution. In conclusion, hewas infavor of
date itselt to their varying wants and situation. the proposition, for two reasons: first, because
Where this is done, revolutions, even if they oc- the right to alter, amend or abolish the Governcur, are comparatively harmless. There is no ment is in the majority of the people, and it is
better instance than that of England in 1688, as proper that it should be specifically recognized in
contrasted with the result of the less flexible sys- the organic law; and secondly, that it is a right that
tem of France, which was upturned in the last cannot be absolutely surrendered, and it is usecentury.                                   less to adopt a form of words which would imply
There was no reason to object to the majority such a surrender. The amendment of the gentleprinciple which the article recognised. The peace man from Cecil, (Mr. McLANE,) because a mode
and happiness of the greater number are interest- should be prescribed for ascertaining, from time
ed in a stable government. They are sureties for to time, whether the people desired a change or
its existence. Much more evil is to be appre- not. For whenever, this was ascertained, it was
hended from the obstinacy with which minorities the duty of a popular governqment to lend all its
adhere to power. The whole proceeding under energy to promote this end.




171
It was the duty of the Government to give a the people-should at any timethink it expedient
proper control and direction to popular excite- to remodel their form of Government, they had
ment, and to keep it always in the bounds of or- a right to do it ieon obst(ate, any other power
der. They did not accomplish, by what was upon earth.
called "the doctrine of acquiesence." This was  Mr. JENIFER. Does the gentleman mean to
certainly a strange creed. He could understand say, that if a provision should be inserted in the
the consistency of a doctrine which recognizes new Constitution, declaring that hereafter the
the right of the people to reform their govern- Constitution may be altered by a Convention,
mert, and which declared, that all offices created and that Constitution should be ratified by the
by the old Constitution were ex-necessitata vacat- people, does the gentleman say, that notwithed, when the people established a new order of standing that article, the people may, through all
things. But hecould not understand this doc- time, and without a revolutionary movement,
trine of assent, by the officers of the old Govern- change their government?
ment, to an order of things which they believed  M. BICHANAN. At ay time. The peopleillegally ordained. The judges under the present a majority of the people-have at all times the
Constittution might resign, but if they thought right to remodel or change their government.
that the new officers were chosen in contraven-  Mr. SOLLERa. How is that majority to be astion of that authority which they had sworn to certained?
sustain, how could they acquiesce?  And even  Mr. BUCHANAN. That is a matter for their
Tn Mr. BuCHANAN. That is a matter for their
if they did, how could they do more than resign, consideration.
and leave their office vacant indeed, but still in
legal existence. Acquiescence in the existing  One word, (Mr. B. said,) as to what might he
government, if it believes that its authority was regarded as the sentiment of the people of the
encroached upon, or unduly subverted, might be United States, on the subject.  There were
treason to the Constitution-but it could be noth- some twenty-four States which embraced, subing more. The difficulties of the creed held by stantially, this very doctrine in their Constitugentlemen on the other side were inevitable.  tionsmost ofthem  the very words. But he
Mr. PRESSTMAN followed in some remarks, a rested on the example of that proud old State of
report of which is withheld for revision.  Virginia-he rested upon a principle which was
Mr. BUCHANAN said, he did not design to there promulged by Marshall. Madison and
trouble the Convention with any remarks at this Monroe, and their compatriots in the Convention
time. He thoughtthat the question would come which formed the Constitution of'76, where
up hereafter. But he felt it his duty, before his phraseology  even  stronger than that of his
friend from Kent, (Mr. Chambers,) proceeded friend from Baltimore city, (Mr. Presstman,)
with his remarks, to exhibit to him  certain had been employed. The original Constitution
authorities, from the examination of which he, of Virginia, asserted the inalienable right of a
(Mr. B.) had come to the conclusion that there mjority of the people-not the aggregate people
was no doubt whatever, of the correctness of the -but of a majority of the people to remodel and
doctrine set forth in the amendment of the gen- change their government. That doctrine had
tleman from Baltimore city, (Mr. Presstman.)  been ratified and re-affirmed by the Convention
He,(Mr. B.) had come to the conclusion, from of'30. The same principle had been adopted
a full examination of those authorities, that the by Texas, Florida, and Iowa.
people had an undoubted, an inalienable, and in-  Mr. B. then read the following authorities
defeasible right to amend their Constitution at which he handed to the Reporter, as a substiany time, and in any manner they might think tute ior his intended argument.
proper; and he would go further and say, on  The Declaration of Independence:authority, that this was an inalienable right, of' We hold these truths to be self-evident, that
which it was doubtful, whether or not, the peo- all men are created equal; that they are endowed
pie could even divest themselves, if they desired by their Creator with certain inalienable rights;
to do so. He agreed with the gentleman from  among them are life, liberty and the pursuit of
Baltimore city, (Mr. Presstman,) that it was not happiness. That to secure these rights, governimportant, so far as the rights of the people were ments are instituted among men, derivinag their
concerned, whether a provision was embraced just powoersfrom the consent of the gorvened; that
in the Constitution, authorizing the people at when any form of government becomes destruc-.specified times, to reform their Constitution or tive of these ends, it is the riglht of the people to alnot. He, (Mr. B.) would vote for such a provi- ter or abolish it, and to institute a new governsion. Still it was unimportant.  The people ment, laying its foundation on such principles,
could do this tiling, by virtue of their inherent and organizing its power in such forms, as to
sovereignty. Now, although the doctrine seem- them shall seem most likely to effect their safety
ed to be broad, and although he could not, until and happiness."
he had examined the authorities, go to the ex-  Mr. Jefferson sa}s:
tent to which he would now go, yet he had come  "It is not only the right, but the duty of those
to the conclusion, that this power did exist in now on the stage of action, to change the laws and
the people, no matter what the Constitution institutions of government, to keep pace with the
might say. Under monarchical governments, the progress of knowledge, the light of science, and
absolute sovereignty rested in the monarch, but'he amelioration of the condition of society.
with us the sovereign authority was in the peo- Nothing is to be considered unchangeable, but
ple; and if'the people themselves-a majority of the inherent and inalienable rights of man."




172
JusticeIredell, of the Supreme Court, (vol. the Constitution whenever and however they please.
iii, Elliott's debates,) says:             This is a right of which no positive institutions
"Our government is founded on much nobler can deprive them.
principles. The people are known with certain-  "These important truths, are far from being
v to have originated it themselves. Those in merely speculative; we, at this moment speak
power are their servants and agents; and the peo- and deliberate under their immediate and benign
pie without heir consenit, may remodel the gov- influence. To the operation of these truths, we
ernment whenever they think proper, not mere- are to ascribe the scene, hitherto unparalleled,
ly because it is oppressively exercised, but be- which America now exhibits to the world, a gencaluse they think another forml is more conducive to tle, a peaceful, a voluntary and a deliberate trantheir welfare." —[Story's Commentaries, vol. i, sition from one Constitution of government to anpage 326                                   other, (from the confederation to the Constitution of the United States.) In other parts of the
Hamilton (Federalist, No. 22,) says:      world, the idea of revolution in government is by
"The fabric of American empire ought to rest a mournful and indissoluble associations, conon the solid basis of the consent of the people. The nected with the idea of wars, and all the calamistreams of national power ought to flow immedi- ties attendant on war.
ately from that pure original fountain of all le-         experience teaches us to view
"But happy experience teaches us to view
gitimate authority."                        such revolutions in a very different light-to conJay, chief justice of the United States Supreme sider them as progressive steps in improving the
Court, says:                               knowledge of government, and increasing the
"At the revolution, the sovereignty devolved o, happiness of society and mankind.
the people, and they are truly the sovereigns of:."Oft have I viewed with silent pleasure and
the country; but they are sovereigns without sub- admiration, the force and prevalence through the
jects, (unless the African slaves among us may United States of this principle-that the supreme
be socalled,) and have none to govern but them- power resides in the people, and that they never
selves; the citizens of America are equal as fel- part with it. It may be called the panacea in
low-citizens, andas joint tenants in the sover- politics. If the error be in the Legislature, it
eignty."-[2 Dallas' Reports, 419.1         may be corrected by the Constitution: if in the
Constitution, it may be corrected by the people.
Court, say:tes Supreme There is a remedy, therefore, for every distenm"t has bn sai tht te p e hd a y per in government, if the people are not wanting
"It has been said that the people had already to thehselves." —[Wilson's Works, vol. iii, p.
surrendered all their powers to the State sover-  heseves"[ison'sWorks, vol. iii, p.
eignties, and had nothing more to give. But, 293.]
surely, the question whether they may resume  Again, he says:
and modify the powers granted to government,  "A revolution principle certainly is, and cerdoes not remain to be settled in this country. tainly shoud be, taught as a principle of the
[4 Wheaton's Reports, 405.]                Constitution of the United States, and of every
State of the Union. This revolution principleJustice Wilson, a signer of the Declaration of that the sovereign power residing in the people,
Independence, a member of the Convention of they may change their Constitution and Govern1787, which framed the Constitution of the Uni- ment whenever they please-is not a principle
ted States, and afterwards a judge of the Su- of discord, rancor or war; it is a principle of
preme Court of the United States, says:    melioration, contentment and peace."-[Wil"Of the right of a majority of the owhole people son's Lectures, vol. 1., p. 21.]
to change their government at will, there is no  And, again:
doubt."-[1  Wilson, 418; 1 Tucker's Black.   "A proper regard to the original, and inherent,
Comm. 165, cited 324 p., vol i, Story's Comm.]  and continued power of the society to change its
Again he says:                            Constitution, will prevent mistakes and mischief'Perhaps some politician, who has not consid- of a very different kind. It will prevent giddy
inconsistency; it will prevent unthinking rashered with sufficient accuracy, our political sys- inconsistency; i t  wll prevent un thinking rashtems, would answer in our government, the su-ess; it will prevent unmanly langor:"-[Wilpreme power was vested in the Constitution. son, vol. l, p. 420.]
This opinion approaches a step nearer to the  Justice Patterson, of the United States Sutruth, (than the supposition that it resides in the preme Court, says:
Legislatures,) but does not reach it. The truth  "The Constitution is the work of the people
is, that, in our government, the supreme, abso- themselves, in their original, sovereign and unlute, and uncontrolable power remains in the limited capacity."  "A Constitution is the form
people. As our Constitutions are superior to our of Government delineated by the mighty hand of
legislatures, so the people are superior to our the people," is "paramount to the will of the
Constitutions. Indeed, the superiority in this Legislature," and is liable only "to be revoked
last instance is much greater; for the people pos- or altered by those who made it."-[2 Dallas'
sess, over our Constitutions, control in act as well Rep. p. 304.]
as right."-[Wilson' s Works, vol. iii, p. 292.]  The Supreme Court of the United States
A"gain he says:                          through Judge Marshall, says:
"The consequence is,that the people may change'"That the people have an original right to es



173
tablish, for their future Government, such prin- they have thereby made that community one
ciples as, in their opinion, shall most conduced body, with a power to act as one body, which is
to their own happiness, is the basis on which the only by the will and determination of the majority;
whole American fabric has been erected. The for that which acts in any community, being only
exercise of this original right is a very great ex- the consent of the individuals of it, and it being
ertion; nor can it, nor ought it, to be frequently necessary to that, which is one body, to move
repeated."-[1 Cranch, 157, cited 431 Story's one way, it is necessary that the body should
Comm. vol. 3.]                              move that way, whither the great force carries
Rawle, an able commentator on the Constitu- it, which is the consent of the majority; or else
~tie~on, say~s:~ *               it is impossible it should act or continue one body
tn, *^~~',. says:, -one community-which the consent of every
Vattel justly observes, that the perfection of individual that united into it agreed that it should;
a State and its aptitude to fulfil the ends pro- and so every one is bound by that consent to be
posed by society, depend upon its Constitution. concluded by the majority. And therefore, we
The first duty to itself is to form the best Con- see that, in assemblies empowered to act by posistitution possible,and one most suited to its circum- tive laws, where no number is set by that posistances; and thus it lays the foundation of its tive law which empowers  them, the act of the
safety, permanence and happiness. But the best majority passes forlhe act of the whole and of
Constitution which can be framed, with the most  determines s hvin, by the law of nature
course determines as having, by the law of nature
anxious deliberation that can be bestowed upon and reason, the power of the whole; and thus
it, may, in practice, be found imperfect and in- every man, by consenting with others to make
adequate to the true interests of society. Altera- one b   politic, under one government, puts
ions and amendments  then b ecome  desirabledpolitic, under one government, puts
tions and amendments then become desirable. himself under an obligation to every one of that socieTe he      people retainlthe people cannot, perhaps, divest y to submit to le determination of the majority, and
themselves of the power to make such alterations. A to be concluded by it.'
moral power, equal to, and of the same nature
with that which made, alone can destroy. The  Mr. Madison, in relation to the same subject
laws of one legislature may be repealed by another says:
legislature, and the power to repeal them cannot  "If we resort for a criterion to the different
be withheld by the power that enacted them. principles on which different forms of GovernSo the people may, on the same principle, at any ment are established, we may define a republic
time, alter or abolish the Constitution they have form- to be, or at least may bestow that name on a Goved. This has been frequently and peaceably ernment which derives all its powers, directly or indidone by several of these States, since 1776. If rectly,from the great body of the people."  * * * 
a particular mode of effecting such alterations has "It is essential to such a Government that it be
been agreed upon, it is most convenient to adhere derived from the great body of the society, not from
to it, but it is not exclusively binding.''-[Rawle an inconsiderable proportion or a favored class of it;
on the Constitution, p. 17.                otherwise, a handful of tyrannical nobles, exerJustice Story, of the supreme court of the Uni- cising their oppressions by a delegation of their
ted States, says, in his commentaries on the Con- power, might aspire to the rank of republicans,
tstitution::y,                            and claim for their government the honorable
The declaati s te d e on te   title of republic.
"'The declaration puts the doctrine on the true  "It is essential for such a Government that perground-that government derives its powers from sons administering it be appointed, either direct.
the consent of the governed. And the people ly or indirectly, by the people; aud that they
have a right to alter it," &c.-[page 300, vol. I. hold their appointment by either of the tenures
Again, Judge Story, in speaking of the Decla- just specified; otherwise, every Government in
ration of Independence, says:              the United States, as well as any other popular
"Itwas not an act done by the State govern- Government that has been, or can be well or.
ments then organised, nor by persons chosen by ganized, or well executed, would be degraded
them. It was emphatically the act of the whole from the republican character."-[Federalist,
people of the united colonies, by the instrumen-No. 39.
tality of their representatives, chosen for that,  The Declaration of Rights of a large majority
among other purposes. It was an act not com- of the States of the Union, contain a provision
petent to the State governments, or any of them, analagous to that proposed here.
as organised under their charters, to adopt. Those
charters neither contemplated the case, nor pro-  The bill of rights of Virginia of 1776, which
vided for it. It was an act of original inherent was unanimously adopted, contained the followsovereignty by the people themselves; resulting ing provision.
from their right to change their form of government,  That Government is or ought to be instituted
and to institute a new government, whenevernecessa- for the common benefit, protection and security
ry for their safety and happiness." —Story's Corn. of the people, nation or community. Of all the
on Con., vol. 1, page 198.                 various modes and forms of Government, that is
best which is capable of producing the greatest
Mr. Locke, in his worl on civil government, degree of happiness and safety, and is most effecsays:                                      tually secured against the danger of mal-admin" For where any number of men have, by the istration. And that when any government shall
consent of every individual, made a community, be found inadequate or contrary to these pur.




174
poses, a mnajority of the COMMUNITY hath an indubi- not draw him off from the republican faith. He
table, inalienable and indefeasible right to reform, was proud of such a city, and if the gentleman,
alter or abolish it in such manner as shall be judged who was from a smaller county, had a smaller
most conducive to the public want.          share of that faith, it could not be helped. He
This provision was again adopted in Virginia hoped that the gentleman was answered.
in the bill of rights of 1830.                Mr. MITCHELL. I am answered.
In the Convention of Virginia a proposition was  Mr. SPENCER resumed, in conclusion. He had
made to engrrft a clause on the Constitution, pro- not intended, when he rose, to make a speech.
viding for its future amendment. This was re- He would only add, that he intended to vote for
jected on the ground that a majority of the people the amendment of the gentleman from Cecil; and
had thepower at any time, and in any manner they whenever it should be necessary for him to do so,
pleased, to amend their Constitution, or to Smake a he was ready to defend the position he had
new one.                                    take
Mr. CHAMBERS said nothing was more imporAmong those voting against the provision, were tant, in all controversies, than a distinct stateJames Madison and John Marshall,           nment and understanding of the exact points in
Some conversation followxed on a point of issue. From what was passing around us, he
order, in which Messrs. BRENT, of Baltimore, was led to think we were in great danger of
SPENCER and the PRESIDENT, ook part.       fighting shadows. He very much regretted the
r S C  tn   apparent unwillingness of gentleman, to explain
Mr. SPENCER then proceeded to remark, that their positions precisely. It had even been said
he should vote in favor of the proposition of the to be "unfair," to ask gentlemen distinctly to
gentleman from Cecil, (Mr. McLane,) and he, explain the object and design of their proposi(Mr. S.) maintained the proposition of the gen- ions submitted for our action. He regarded such
tieman from the city of Baltimore, (Mr. Presst- notions as utterly out of place here.
man,) in all its integrity. He should go further  Our proper duty here was to form such a
than that gentleman, according to the views he Constitution, as would best secure to the people
had submitted this morning. I-e was in favor of Maryland-the whole people-the full and
of the proposition of the gentleman from Cecil, safe enjoyment of life, liberty and property, for
(Mr. McLane,) because it declared it to be the all time, and not to elevate one class or party in the
dutyofthe Convention to carry out that great community, anddepress another. Its provisions
cardinal principle, which lay at the foundation ofshould be not only just and equal, but as plain
all government. The mode pointed out by the and intelligible, and as free from doubt or obgentleman from Cecil, was good, and should re- scurit as possible, so that those who administer
ceive the approbation of every member-cer- the Government, and all intelligent persons, may
tainly every reform member of the Convention,  comprehend its import. It would be, a poor boon
Mr. SPENCER said he did not intend to go into to the State, if our labors resulted in an instruany elaborate argument. Hle shou)d vote with ment calculated to produce doubts and difficulall his heart for the amendment of the gentle- ties, and expensive litigations. He adverted to
man from Cecil, and for the proposition of the the history of this debate. When the section in
gentleman from  Baltimore, [Mr. Presstman.] the bill of rights, reported by the committee
e desired also to add a few authorities to those which declares in the most expressive terms, the
which had been brought forward by the gentle- supreme sovereignty of the people, as the source
man from  Baltimore county, [Mr. Buchanan.] of all political power, and their right to control
He then proceeded to read extracts from No. 84 and alter the government, was under consideraof the Federalist, from Judge Story's commen- tion, the resolution now before the chair, was
taries, and from Davis' abridgement, for the pur- offered by the gentleman from Baltimore, [Mr.
pose of sustaining the position, concerning the Presstman.] He had not perceived the necesmeaning of compact and the right of the people sity for any additional declaration of the kind,
to alter, amend or abolish their form of govern- and enquired of the gentleman why he considered
ment. He had cited these authorities to sustain it requisite. To this it was answered that the
the position he had started in the beginning  oobject was to introduce the doctrine, distinctly
this debate.                                avowed as his creed, that the majority of the
Mr. MITC-HELL begged leave to ask the gentle- people, at any time, in any mode they pleased,
man from Queen Anne's, a single question. That and without any previous constitutional or legal
gentleman, as well as himself, represented one provision-nay, against and in opposition to conof the small counties of the State. Was the gen- stitutional or legal provision, could remodel the
tleman prepared to throw the whole power of government or form a new one. Against this
the State, into the hands of the people of Balti- doctrine he had entered his solemn protest, and
more?                                      had ventured to read the first article of the pseMr. SPENCER replied that he had no fear of sent bill of rights, which declared that "all govthe power of Baltimore, or of her hostility to the eminent is founded in compact only and insticounties. He was of opinion that whenever tuted solely for the government of the whole."'
Baltimore should attempt to exercise a power Another gentleman from Baltimore, [Mr. Brent,]
over the counties, she would find in the counties had controverted the doctrine of his colleague,
power and energy enough, to oppose an effectual so far as related to the necessity of some legal
resistance to the attempt. The fact of the exis- provision, declaring the mode of proceeding. A
tence of a city like Baltimore in the State, did gentlemen from Queen Anne's, [Mr. Wright,] in




175
a very clear and concise speech, had objected, in been sufficient authority for any Maryland lawlike manner, saying the gentleman was right as yer, but he would be able to show abundant aufar as he went, but that something more was ne- thority for the truth of his proposition without
cessary. That "something more" it was the ob- going farther than to the pages of the book reject of his amendment to supply. Another gen- lied on by the gentleman from Cecil-Justice
tleman from Queen Anne's, [Mr. Spencer,] had Story's Commentaries on the Constitution. Judge
declared "it was the first time in his whole life, Tucker in his commentaries on Blakistone-a
he had ever heard it claimed that government book in the hands of every law-student-has miwas founded in compact."                    nutely entered into this subject. He maintains
Here Mr. SPENCER explained that he had not the doctrine in the strongest terms. Judge Story
intended to use language so broad,but to say in the book relied on, reviews at length, Judge
that the Constitution was not a compact.   Tucker's remarks, and in the course of his exMr. C. resumed. Upon this, his friend from  amination, refers as is usual with him, to all the
Anne Arundel, (Mr. Donaldson,) had delivered leading authorities. Mr. C. here read from vaan argument as lucid and logical, and to his mind, rious pages, the quotations from Madison, Jefferas conclusive, and if he were not present, he son, Jay, John Quincy Adams, Mr. Dane, the
would add, as statesman-like as any he had lis- Constitution of Massachusetts, the resolutions
tened to in this House. Other gentlemen had of Virginia and of Kentucky, all in "tottidem verexpressed conflicting opinions upon the subject. bis,"expressing the distinct doctrine,:that GovernThe elaborate argument of the gentleman from  ment was founded in compact.
Cecil, (Mr. McLane,) was not professedly in re-  H  averred that Justice Story himselfmaintain
ply to that of his friend near him, (Mr. Donald- ed this doctrine, and was misconceived by the
son,) but was directed against the positions gentleman from Cecil. It must not be lost sight
which he, [Mr. C.,] had previously and briefly of in this inquiry, what Justice Story was discusurged; and these he now begged leave so to re- sing. The doctrine of the right of secession of one
state as to leave no room for misconception.  State from the Union, fora violation of the terms
1st. He maintained, that according to our the- of the'Constitution had been openly avowed.
ory, government was founded in compact; South Carolina had maintained her right to nuland                                        lify-to treat as void-any law which she consid2ndly. That the acknowledged sovereign pow- ered contrary to the letter or spirit of those
er of the people, to alter and reform the Consti- terms. Her senators in Congress had maintained
tution and form of government, must be exercis- the same claim, and the subject filled the minds of
ed by a mode prescribed by the Constitution it- political men all through the country. This right
self, or by a law pursuant thereto, or it must be was based upon the ground, that the States as
by revolution.                             sovereignties were parties to the compact, which,
As to the first proposition, he begged to be di  theefre was to be regarde  as a treaty amonst
tinctly understood, as not holding the "compact"independent nations.
to be of such a character, as to ustify a an action  Aginst this doctrine, Mr.  ebster had raised
at law, by an individual who might allege a par- his powerful logic; and his efforts to put down
ticular violation to his detriment. The very na- that mischievous creed would have immortalized
tare of the agreement and the parties to it, for- his name, had he no other claim to the gratitude
bid any such idea. Amongst individuals enter- of the latest posterity. Justice Story, in his treaing into compacts, there was always a clear un- tise, is examining into this question. After exderstanding,' that the courts of justice would ad- pending some five and forty pages in reviewing
minister relief to a party injured by the violation the authorities on either side, he says, in page
of its terms.                               304, sec. 335, "It is easy to understand how comIn the formation of a government there were pacts between independent nations are to be conno tribunals superior to the government, and the strued, and violations redressed." "There are
only redress to which an individual could look, but three modes in which these differences can be
was the moral obligation to perform the stipula  adjusted:" they are by "new negotiations," "reftions of the agreement in good faith.  Except, erence to a common arbiter selected pro hac vice,"
indeed, where one branch of the government or, "a resort to arms." In thesfollowing section
might be appealed to, as a check upon the at- 336, he continues, "it seems equally plain that
tempt of another branchto commit such a viola- in our forms of Government the Constitution
tion. Thus the courts frequently interposed to cannot contemplate either of these modes of rearrest the execution of a legislative enactment, dress.  ach citizen is not supposed to enter
which was in violation of individual rights, se- ito the compact with all the others as soereign,
cured by the organic law.                  retainig an indepenldent and co-equal authority to
Nor did he mean a compact in the sense of a judge and decide for himself. le has no authority
treaty amongst nations, sovereign and indepen- reserved to institute newo negotiations; or to szsdent, which having no higher power to decide in pend the operatios of the Constitution, or to comquestions of alleged violations of their agreements pet the reference to a common arbiter; or to declare
must of necessity, each decide for itself, and re- war against the community to which hel belongs."
cede from the agreement, when a violation was  Then follows immediately the section, 337,
committed.                                 page 305, triumphantly relied on by the gentleHe had supposedthat the express and emphat- man from Cecil. "No such claim has ever (at
ic declaration in our bill of rights would have least to our knowledge) been asserted by any ju



176
rist or statesman in respect to'any of our State of enforcing it another. If a trespasser takes
institutions." Let us pause here a moment. my farm or my horse, I have a perfect right to
The gentleman would have us suppose that which repossess myself, but I may not go on the premiJudge Story never heard of, as being claimed, ses and with a bludgeon knock out the brains of
was the idea of Government being founded in the one, or seize a revolver and shoot six bullets
compact. A greater mistake never was made. through the vitals of the other. That is not the
He had quoted throughout the whole chapter, mode in which the right is to be exercised.
name after name, book after book-amongst      At this point of his remarks, Mr. C. gave way
them the Constitution of his own State, saying, to a motion that the Convention adjourn.
"it is a social compact, by which the whole peo-  Which motion having been agreed to,
pie covenants with each citizen, and each citi-  The Convention adjourned until to-morrow
zen with the whole people. "And had he never morning at ten o'clock.
heard  of that?  The gentleman will find by
reading the preceding pages of that chapter, or
even the last few antecedent lines, that the "no
such claim" refers to a clainq like that of inde- 
pendent nations-a claim to "negotiate anew,"
"select an arbiter" or "declare war." To make
it mean any thing else, is to make Justice Story
to stultify himself. Why, in this self-same sec-     TUESDAY, February 4th, 1851.
tion, 337, a few lines below, heorepeats the same
doctrine, and yet expressly treats of the "corn-  The Convention met at eleven o'clock.
pact" as recognizing it. "No right exists or is  Prayer was made by the Rev. Mr. GRIFFITH.
supposed to exist on the part of any town or  The roll was called, and no quorum  being
county, or other organized body within the State, present,
shortof a majority of the whole people of the  Mr. RiDGELY moved that the Convention adState, to alter, suspend, resist or dissolve the op- journ, (with a view to give time for members to
erations of that Constitution, or withdraw from  come in,) and asked the yeas and nays, which
it. Much less is the compact supposed liable to were ordered, and being taken, were yeas 0; nays
interruption, at the will of any private citizen, 39.
and this according to Mr. Locke, is the true sense
of the original compact by which every individual  So the Convention refused o adjourn.
has surrendered to the majority the right to con-  Mr. KILGOUR moved a call of the House.
trol," &c.                                    The motion was rejected.
Why talk of the qualities of a compact if there  A quorum was now present.
be none? How, sensibly speak of the sense of
the original compact, if no such thing can be al-        HOUR OF MEETING.
leged? No, sir, it is the nature and effect of that
On motion of Mr. WEEMS,
very thing of which he had so long and so ably  It was ordered,
been discoursing, and let gentlemen think as they  Thatthe daily hour of meeting hereafter, be
That the daily hour of meeting hereafter, be
may on other matters, every one who would care- IIh o'clock, A. M.
fully examine the pages of Justice Story, would  The PRESiDENT laid before the Convention the
look in vain at the 337th section of his Ist vol.
following communication from Jos. C. G. Kenon the Constitution, for any authority against the followin   ommuniation from  Jos. C G endoctrine that government was originally founded nedy, Esq., Superintendant of Census.
in compact, nor did he admit that the high authori-           CENSUS OFFICE, 
ty of Mr. Webster was in any degree opposed to          Washington, Feb. 3rd, 1851. 
him. He did not allege the Constitution to be To the President of MJaryland State Convention:
technically a contract or compact. It could not
be enforced in a court of law.  What says Mr.  SIR: I find by an examination of the official
be enforced in a court of law. What says Mr.  eturns to which m  attention was called by a
Webster in the speech referred to? After say- returns (to which my attention was called by a
ing "in strictness, the Constitution is not a com- newspaper statement,) that an error exists in the
pact," he adds, "I believe it is founded in con- returns made for Frederick county, of which the
sent.or agreement, or on compact, if the gentle- total population will not vary much from 40,941.
man prefers that word, and means no more than I will send a more particular statement to-morvoluntary consent or agreement." Indeed the get- row. We have been much delayed in reeonciltleman from Cecil comes to this conclusion at ing the inconsistencies existing between the relast-that it is founded on assent and agreement. turns made by the marshals of the population in
the several sub-divisions, and the number exhibIt is then but a philological difference between us,
and I rather think that Noah Webster, as well ited by the returns themselves.
as his great namesake, will show that agreement  I regret that the return has been made for
as but another wordafor compact.            Frederick, so much at variance with the facts,
and hope no great inconvenience has resulted
But, after all, the question is of comparative therefrom.
unimportance. The great and interesting point
is, as to the force and effect of a Constitution as  I have the honor to be, sir,
a mode of executing the sovereign power of the      Very respectfully, your ob't serv't,
people.                                                       JOS. C. G. KENNEDY,
The absolute right is one thing, but the mode  Which was read, and




177
Referred to the committee on representa- James the Second, by saying,"itis apparent from
tion.                                      the whole reasoning of the parties, that they were
The PRESIDENT also laid before the Convention not considering how far the original institution
a communication from E. Root, Esq., State Su- of government was founded in compact," &c.
perintender;t of Public Instruction of the State of  He would now proceed to examine the other
Wisconsin, covering the reports of the State, of proposition which he regarded as of the very
the Board of Regents of the State University.  greatest importance to the very existence ofgovWhich was read, and                     ernment-the binding obligation on all-the whole
Referred to the committee on Education.  community of the Constitution or organic law
On motion of Mr. STEWART, of Baltimore city, until altered by a Constitutional or legal mode.
the Convention proceeded to the consideration of He did not profess to give the authority of
the unfinished business of yesterday.     Conventions or Legislatures, in which this subTHE DECLARATION OF RIGIITS        ject had been directly discussed. It was the
duty of his antagonists on this occasion to proThe Convention resumed the consideration of duce some authority for their new doctrine
the order of the day, being the report submitted which was at war with long settled opinion, and
by Mr. DORSEY, on the 1 th ult., as chairman of doubtless, if authority existed, it could not have
the committee on the declaration of rights.  escaped the extensive information and industriThe state of the question was as follows:  ous research of the several gentlemen who have
The first article of the report being under con- urged it. The gentleman from Baltimore counsideration in the words following:        ty, (Mr. Buchanan,) supposes he has the author.
"That all government of right originates from  ity of Mr. Burke. It was not the celebrated and
the people, is founded in compact only, and in- justly celebrated orator and patriot, Edmund
stituted solely for the good of the whole.".  Burke-but a name-sake. He had not been sufMr. PEs N hd m d to a d the said ficiently attentive to the political operations of
Mr. PRESSTmAN had moved to amend the said the last few years, to know much of such matarticle, by adding at the end thereof the followarticle, by adding  at the end thereof the follow- ters, and he confessed he had notheard of this re6~~~~ing words:'port until it was now produced by the gentleman,
"And they have at all times the inalienable nor did he know where Mr. Burke came from.
right to alter, reform, or abolish, their form of  [SEVERAL VOICES.  "FromNew Hampgovernment, in such manner as they may think shire."]
expedient.".  Well, it seems Mr. Burke is, at least, of imAnd Mr. CHAMBERS, of Kent, had moved to portance enough to have it known what State he
amend said amendment by adding, at the end represents. Most certainly he had evinced a
thereof, the following words:             commendable share of industry in the collection
"According to the mode authorized by the of writings, on the question of the rights of the
Constitution or laws of the land."        people. But did not his friend perceive that each
And the question was on the amndment tthehe of these writers expressed the very doctrine
amendment.                                which our bill of rights announces-which every
Mr. CHAMBERS, of Kent, who was entitled to Constitution in this broad land declares, which
the floor from yesterday, resumed and concluded he had repeatedly said, none but a madman
his remarks.                              would deny-that is, that the people are the
Mr. CHAMBERS alluding to his remarks of yes- source of all power, and have the right to alter
terday in relation to the question of "compact,  and change their form of government? This onsaid there were other authorities which would ly left us where we were; they do not say the
sustain him, but he had thought it sufficient to people, or a portion calling itself a majority,
show the error of his friend from Cecil, in sup- may do this without law-against law. Mr
posing Justice Story to deny this doctrine. He Burke, indeed, does say, he thinks his is the true
thought it quite as much an error to ascribe the interpretation, and the authority of this opinion
origin of this notion of "compact" to the advo- is against us. On looking over the journal,
cates ofthe Divine right of kings, and notlessan it will be seen that he came to the conclusion
error to suppose that Justice Story had so assert- that the Dorr revolution or rebellion, was stricted. The doctrine of the Divine right of the ly justified, and that the general government
king to govern, is as opposite to that of compact should not have interposed to restrain, or the
or agreement of the people as to the terms of courts to punish it, and on the same dayon which
government, as darkness is to light.      his report was presented, it was postponed to
The Divine right torule necessarily leaves noth- the next session of Congress, and he was not
ing to the people but the Divine obligation to be aware it had ever been heard of since.
ruled. The decrees of the Deity cannot be con-  Neither the President with his Cabinet, or the
troled by the agreements of men. His friend, courts of Rhode Island, or the Supreme Court, so
(Mr. Donaldson,) had fully shown that the doc- thought.
trine was introduced by Locke, Sidney and oth-  Mr. BUCHANAN remarked, he had not relied
ers, who were the patriots of their day and an- on the authority of Mr. Burke, but on the books
tagonists to the Divine right of kings-and so he had cited from his report, and which were not
said Justice Story, p. 293, sec. 325. And in in the library.
p. 313, sec. 343, he concludes, after examining  Mr. McLANE, asked leave to make an explathe debates in Parliament on the abdication of nation. He had not intended to evince any indis23




178
position to be interrupted, but was always ready at any hour of any day. If there was nothing
to hear what any gentleman might say to him. else to condemn this heresy but its mischievous
He desired to ask the gentleman what was the consequences, its unmixed evils, these should
doctrine to which he referred, as having never make it odious. All the lawsof the Great Eterbeen broached before, since the commencement nal source of truth, are in beautiful harmonyof our government.all most wisely destined to continue the harmoMr. C. referred to the proposition he had en- nious action of man, and all creation around him.
deavored distinctly to state, that a Constitution  The source of infinite order never could be the
was binding onthe whole people, and could not be birth-place of confusion and strife. He feared
changedin a modeprohibitedby its ownterms, but this doctrine came from  below, and tended
only in conformity to a legal provision-in short, downward. Wise men and patriots had anticithat in this respect the people could bind them- pated the difficulties now urged on the other side
selves. This had been received as a settled doc- as growing out of the concession of the sovereign
trine. It was but lately that any one had contro- power of the people. His friend near him, (Mr.
verted it. The argument of the gentleman from  Donaldson,) had made full reference to thevariCecil, himself, ended in a proposition to intro- ous speeches of Mr. Calhoun, to show his utter,duce into the Constitution a mode of amending abhorence of the doctrine of the absolute, unreit —amending it by Conventions.             strained rule of bare majorities. The gentleman
There was no collision with the sovereign from Cecil, had spokenof the events of Mr. Calrights of the people. He termed it a lmtitatioq. houn's life, as weakening his claim to authority,
or restriction of the right, to a particular mode of after 1828. He must be permitted to say, from
amendment. The gentleman from Cecil termed personal associations with Mr. Calhoun, to whose
it a "regulation," by which a particular mode intellectual and high moral worth, he bore the'was to be pursued. The difference seemed to be warmest testimony, that these opinions were not
Tverbal, as explained by the gentleman, and he adopted for the first time after 1828-they were
inclined at present to withdraw his own amend- those which he had always maintained.
ment, and allow that of his'friend to replace it,      theauthority of Judge Story, that
being much more anxious to accomplish the ob-                                   y
being much morbe anxious to accomplish the ob- a Constitution should not be altered, but by preject, than to, be the author of the resolution.
vious provision. He read from page 305, sec.
Agreeing so nearly, in conclusions, he felt no vious provision  Herread from  page 305, sec.
disposition to assail the arguments by which the 337:'The undrstanding i's general, if not uniad arrived at his, though he must say versal, that having been adopted by the majority
hewgenlktlemaon hd ariv  his gh he must sy of the people, the Constitution binds the whole
they were unlike those on which he rested his cmmunity, popio vige,d is unalterable,
community, proprio vigore, and is unalterable,
own opinions. All the gentlemen who have
taken the opposite view, have reiterted the except by the consent of the majority of the peolakveren  r  he opposite vipeople. The  "eted tha  ple, or at least of the qualified voters of the
sovereign rights of the people. The "eternal Stte.
people are immortal," says one gentleman. Yes,
and he might have added, practically invisible  [Here several gentlemen were seen to laugh
and intangible. Who denies the supreme, sove- and produced a slight interruption.]
reign, politicalpower of the people? Most cer- Mr. C. said, wait a moment and instead of
tainlyno one on this floor. But may not politi- "visunm teneatis," he might have occassion to
cal right, like any other rights be controled, re- remark "hinc illoe lacrymem."
gulated byself-imposed Iestraints or regulations?  Justice Story continues, "in the manner prescribed
Why else do we make a Constitution? Why all by the Constitution, or otherwise provided for by
this expenditure of time and money? Is it to the majority.  Now, " provision " implies preprepare an instrument to be submitted to the vious arrangement-preparation.  It is to be
solemn consideration of the whole people, for done by the Constitution, or by the authority of
their agreement and assent to it, as the terms on those who make it. This is precisely the lanwhich they will continue:the government for all guage of my amendment, "by the Constitution
time? Is all this expensive, tedious and solemn or law of the land," and there can be no law of
form of proceeding to be gone through, to pro- the land on this subject, but an act of the Legisduee a government, and yet in one year, or lature authorised by the Constitution. No other
month, or week, an irregular unauthorized mass meaning could be attributed to such language.
of men, calling themselves a majority, may de- What sort of legal provision could be made by
cree its termination?  Aye, rightfully and this assemblage of people, who were to wield
without acting in violation of law, annul and de- the sceptre and rule the State? They, the peostroy it.                                  pie, had been presented in all sorts of shapes and
What, sir, is a Constitution? Why is it pro- described in softest; sweetest phrases, but he had
per to have one? Chief Justice Marshall has said not yet heard the idea suggested that they were
"a Constitution is framed for ages to- come, and to become a regular Legislature to pass laws and
is designed to approach immortality as nearly as make " provision " for changes in the governhuman institutions can approach." —[6 Whea- ment. The very etymology of the word "proton, 384 Cohen on Virginia.]    But if this vision,"implieda"previous "preparation. The
assemblage can convene at one time, it can at gentleman from Cecil is for" previous provision,"
another. It is said to require no provision for and his is a more stringent plan. He would not
its terms, mode of organization or action-all not allow the Legislature to provide.
are to beself-imposed, self-decided —all, on an im-  Mr. MCLANE.'6No, it ought to be in the
pulse, which may happen in ten years or one-  Constitution itself."




179
Mr. CHAMBERS. In that case the only differ- acquiesence, what reason was there for ascertainence between the two propositions is, that.mine ing a majority?
looks to a legislative provision, while his, does  Mr. C. None-not the least. And if a meeting
not. The gentleman will not entrust the power of fifty men, under the lead of the gentleman,
to the Legislature.                         shall form a Constitution, and induce the people
Mr. McLANE said the gentleman from Kent to proceed to administer the government under
did not do justice to hisargument. He explained it, by electing officers at the times, and in the
that his idea as to the manner in which provision manner provided, and those who legally rule the
should be made in the Constitution, was, to give State in its various departments, choose to retire
the Legislature the power only to specify such and acquiesce in the usurpation of these officers,
details for carrying out the provision as circum- i will become the existing government of the
stances called for. His objection to the amend- State; and when established as such, will be promerit of the gentleman from Kent was, that it tcted by the military arm of the United States.
vested all the power of calling a Convention, in  Mr. PaESSTMNA said, "That's all I contend
an act of Assembly, as the amendment read, "ac- for."
cording to the Constitution or laws of the land.'"  Mr. C. said, it was not all he contended for. He
The expression, he thought too vague and admit- had a right to the coat on his back. If another
ted of too comprehensive a construction. Act in his presence assumedthe ownership and dispoof Assembly was more definite. He did not seses himof'it, and he acqiescedin it, hemight be
know that he had ever read in any Constitution, concluded. It did not follow that the conduct
the phrase,1 "laws of the land," except in refer- of the man who had possessed himself of his coat
ence to criminal cases. What, he asked, was by force or fraud, was justifiable and proper.
meant by " the laws of the land?"           He claimed that the change in the government
Mr. CA ES replied. Te  stm    should be made by a provision in the Constitution
Mr. Cled.  The s  te ad      or by a constitutional law, and then the rulers
mon law.                                    would be bound to retire. It would no longer be
Mr. McLANE. This did not include all the at their option to acquiesce or resist.
laws of the land. All the ordinances of the city  Mr. Webster's name and authority had been
of Baltimore are laws of the land. He gave a invoked. He had long known Mr. Webster, and
brief exposition of his own views as to the oper- atone period intimately. He knew something
ation of the civil and statute law.         of the character of'his gigantic mind-the course
Mr. C. suggested there was no such thing as of his political opinions-the current of his feelthe civil law in Maryland.                  ings.
Mr. McLANE replied, there certainly was civil  The more these were known, ihe more that
law and admiralty law also.                 great man would be admired. With such knowMr. C. remarked. Neither have we admiralty ledge he could say, that he who looks to Daniel'law.                                   t   Webster to countenance confusion, discord and
Mr. McLANs said there* certainly was admi- civil strife, willbe sadly disappointed. His tongue
ralty.:aw in te code  there United States. He and his pen teach other lessons. Like his famiralty law in the code of the United  States. He liar friend, Judge, Story, he belongs to another
proceeded to say, he would not give the Legisla- school. Hi s claims to theartfelt gratitde of
ture the power to call a Convention. I-lls idea school. His claims to the heartfelt gratitude of
ture the power to call a Convention. HI s idea the last man that lives under, and loves the
was, to engraft in the Constitution a power to American Constitution, rest on his uniform dethe Legislature to pass a law to carry out that fence of well defined, national, constitutional prinspecific provision. If that was the meaning of es of iee grenent and good o-der.
the gentleman from Kent, there was no disagree-  What says Mr. Webster? Why in the very
ment between them. He wouldt only empower speech cited, the Dorr case, p. 14, he meets the
the Legislature to carry out the provision in the objection so continually and repeatedly pressed
objection so continually and repeatedly pressed
~~~~Constitution..upon us as conculsive-the implied control of
Mr. CHAMBERS resumed and said, the phrase, what he admitted as fully as we do "the sover" laws of the land," was designed to mean exact- eignty of the people." It was urged then, as
ly an act of Assembly, passed pursuant to authori- now, it was to control, to check these right. It
ty given in the Constitution. He vindicated the is now said we "shackle" them. Hear him,
expression, and said it occurred frequently in the "my adversary says, if so, and the Legislature
bill of rights and Constitutions, and in his ac- would not call a Convention, and if when the
quaintance with the courts, at the bar and on the people rise to make'a Constitution, the United
bench, for a period of more than forty years, he States step in and prohibit them; why the rights
had not heard such an interpretation as is now and privileges of the people'are checked-congiven to these words. The ordinances of Balti- troled."  That was the objection then, precisely
more were, in his opinion, no more alluded to as it is now. Very well, now for the answer; "unthan the bye-laws of the Farmer's bank, over doubtedly!"  "The Constitution does not proceed
which his friend near him, (Mr. Wells,) presi- on the ground of revolution; it does not proceed
ded. Being sort of " house-hold " terms with on any right of revolution; but it does go on the'
the profession, they had occurred to him at the idea that within*' and aunder the Constitution no
moment. Whatever words were used, he insist- new form of government can be established in
ed on some provision as the mode of ascertaining any State without the authority of the existing
the popular will-the will of the majority.  State." It must be so. All the notions we have
Mr. PRESSTMAN asked if there was a general ever entertained, concur to demand it to be so.




180
You find the different States accordingly giving it has agitated this State, and it is high time to
authority to make new governments or to alter the be put at rest. It must be settled. A very large
existing one.                               portion of the people have contended for the
Any other doctrine consigns to us anarchy. He right, whilst another portion have resisted it. At
then went into a detail of the early incidents of one time so intense was the excitement, growing
the French Revolution of 1793, and read a nam- out of the question,and the bold resistance which
ber of passages from the speeches of the Jaco- was made to all reform, that we were seriously
bins to show how the worst men will act in the threatened with intestinepwar.
name of the "dear people."                    What objection is there to engrafting such a
At first all France was the "people."  It was.principle in our declaration of rights? Is there any
soon notorious that Paris was France-presently thing wrong in it? Thehonorable gentleman from
the constituent assembly was Paris-then the Ja- Kent,(Mr. Chambers,) telis us, he is the friend of
cobin clubs were the assembly, then Robespierre the people, but he objects to it, because he is fearand the bloody guillotine were the fit represen- ful of popular excitement-is apprehensive of the
tatives of the clubs-to these succeeded a first mob. He has pictured to us the character of
Consul-a King and an Emperor. He did not Robespierre, his professed attachment to the peomean to say, the succession of events would be ple, and his profligate hypocrisy. Was this done
as rapid here. Our people had too long been for the purpose of casting a satire on those in
acquainted with the principles of civil liberty. this House, who contend for this unalienable and
He had regretted to hear the gentleman from  sacred right?  If so, the shaft was harmless.
Cecil say, our fathers knew nothing of these prin- There are those to be found in every community
ciples at the revolution. He believed that as pure who cover their vices by the cloak of hypocrisya representative  democracy-republicanism-  such as profess to be the true friends of the
was to be found in the towns of New England, people, and yet embrace every opportunity to
before therevolution, as now. Those who framed stab and to deprive them of their rights. He
our Constitutions had at least as just conceptions tells us, too, that in the excitement throughout
of civil liberty as we have. He read from the France, Paris controled everything-that Paris
Constitution of Virginia, of 1830,. of which all was France and as Robespierre managed Paris,
the great men of their State were said to be therefore, he was France. And then the gentlemembers, the express declaration, that "the dec- man tells us, that as Paris stood to France, so
laration of rights made onthe 12th of June, 1776, does Baltimore to Maryland. Does he mean to
as the basis and foundation of government" "re- caution us against Baltimore influence and inquired no amendment," and should be perfixed subordination, and to tell us that in her city,some
to the new Constitution. And here, and every Robespierre will spring up, who, holding in his
where, these principles were understood; so that hands her destiny,will thereby control the State,
as "John Randolph" had said, "we had only to and in fact, be the State. Such apprehensions had
throw King George overboard" and every thing no terror in them for him. He had no such fear.
was right. But if our ruin would not be as rapid None which would drive him from  a just and
it might be as certain. The population of Balti- correct position. Nor did it concern him, that
more would be larger in respect to the other -an effort should be made, to drive the friends of
parts of the State, than Paris was to France. popular rights in this House, from their true
Men in all ages and counties have the same in- ground, by pictures of such a character. The
firmities and unfortunately the same class of art- true- and sincere advocate of the rights of the
ful, designing demagogues to stimulate them.  people, was always known and appreciated. It
The final catastrophe was inevitable, if once we it true, the purest are sometimes traduced by the
were set afloat on this wild and perilous ocean friends of power. Even a Ienry was branded as
of popular prejudice, passion and excitement.  a traitor, and would have been hung, had the ReEdmund Burke had beautifully said, "Justice volution proved unsuccessful.
required protection from  power."  If  now    In advocating the doctrine, which is now beamongst us, might he not add-our weakness re- fore us, we stand on no isolated ground. It was
quires protection against oppression; our modera- the doctrine of our gallant forefathers, and has
tion against extravagant ultraisr; our minorities, been incorporated into the Constitution of a large
protection against majorities; and the rational majority of the States of this Union. And in
civil liberty, we now all love, will e'er long re- many of them, in the very language submitted by
quire protection against anarchy? It will then the gentleman from Baltimore. Eighteen of the
be too late.                                States have recognized it.
Mr. SPENCER said, his friend from the city of  The 1st article of the declaration of rights of
Baltimore, (Mr. Presstman,) had offered to Tennessee, concludes as follows: "They, (meanamend the first article of the declaration of rights iug the people,) have at all times an unalienable
by adding the following:                    and indefeasible right to alter, reform, or abolish
their form of government, in such manner as they
"And they, (the people,) have at all times the may think proper."
unalienable right, to alter, remodel, or abolish  And for the same purpose hereferred to the
their form of government,' in such manner as they following authorities:
think expedient."
thk expede   1st. Maine-declaration of rights, 2d sec.
The question presented is, one of greatin-.   rd. Massachusetts-preamble [to Constituterest and magnitude. For thirty years or more    tion.




181
3rd. Vermont-article 7th, Constitution.  without doubt or difficulty a convenient mode
4th. Connecticut-article 2d,  do.       for the assembling of future Conventions might
5th. New Jersey-article 2d,  do.         be designated.
6th. Virginia-article 3d,    do.           Mr. SPENCER. Then why object to the inser7th. Indiana-article 2d,     do.        tion of the doctrine of right in the people, in this,
He would not detain the Convention by read- its proper place? Why clog it with restrictions?
ing the Constitutions of the several States. They We are now laying down the platform of a Rewould be found, in very many cases, to embody publican government. There was nothing in the
the very language submitted by his friend. It was doctrine which would prevent us from prescribtoo late to question adoctrine so true, and which ing a mode for calling Conventions in future.
constitutes the very foundation stone, on which He advocated such a course. But he would
our whole republican system of government is never consent to place the Constitution in the
built. But the gentleman from Kent, is afraid hands of the Legislature. This was the ground
that it may be abused, and that popular frenzy on which he stood before the people of his
may become excited. Has it produced any evil county.
in the other States of the Union? Why is it that  The authorities which he had quoted were
such danger is to be apprehended in Maryland? right up to the point. They are too clear to reThe gentleman has said that there was no quire elucidation. The commonest mind can
authority to sustain the doctrines that the people understand them. Story says, the Constitution
have the right to remodel their government, ex- ay be altered in the manner presribed in it, or
cept in the modeise prescribed in the Constitution; oteriseecibed by the majority. Then, acthat no statesman had contended for such a cording to him, it may be done in a manner other
proposition. To shew that the gentleman was than that in the Constitution. If so, how? In a
wrong,: he referred to the following authorities: manner prescribedfor by a majority of the qualified
Story, in his Commentaries on the Constitution of voters. And on this point Mr. Story is fully susthe United States, section 337, in speaking of our tained by Mr. Rawle, who says, if a particular
State Constitutions, says: "The understanding is mode be agreed on, it is most convenient to adhere
general, if not universal, that having been adop- to it, bnt it is not exclusively binding,. Let it not
ted by the majority of the people, the Constitu- then be said by the gentleman, that we are contion of the State binds the whole community, tending for a principle, new and unheard ofproprio vigore; and is unalterable unless by the an- one unsustained by authority.
sent of the majority of the people, or at least of  The gentleman has asked, as has also the genthe qualified voters of the State, in the manner tleman from Anne Arundel, (Mr. Donaldson,) his
prescribed by the Constitution, or otherwise friend Mr. PRESSTMAN, how the government is to
provided for, by the majority."           be altered by the act of the people, unaided by a
Mr. Rawle, who is another distinguished wri- constitutional provision, or a legal enactment?
ter on the same subject, says: "The people re- He ayshelikestomeetan intelligible proposition.
tains-the people, perhaps, cannot divest itself I there any obscurity in this? " He who runs may
of the power to make such alterations. If a par- read." His, (Mr. Spencer's,) friend had answered
ticular mode of effecting such alterations be with sagacity, that it was not for him to indicate
agreed on, it is most convenient to adhere to it, how the people were to carry out and exercise
but it is not exclusively binding."       their power. That would be determined when
the crisis arose. He would, however, refer the
Judge Wilson, says: "Permit me to mention gentlemen from Kent and Anne Arundel to Stoone great principle-the vital principle I may ry to settle their difficulty. The gentleman from
well call it, which diffuses animation and vigor Anne Arundel had asked whether the whole peothrough all others-the principle, I mean, is this, ple were to be consulted, whether women were
that the supreme or sovereign power of society, to vote, and who was to fix and determine the
resides in the citizens at large, and that there- capacity of voters, the question of age and incomfore they always retain the right of abolishing, petency from idiocy, infamy or other cause?
altering or amending the Constitution at what-  Judge Story, in sect. 327 of his commentaries,
ever time, and in whatever manner they may says, "Every State, however organised, embradeem expedient." And again he says, "As to ces many persons in it who never assented to its
the people, however, in whom the sovereign form of government, and many who are deemed
power resides, from their authority the consti- incapable of such assent, and yet, who are held
tution originates; for their safety and felicity it bound by its fundamental institutions and laws.
is established; in their hands it is as clay in the Infants, minors, married women, persons insane,
hands of the potter."                     and many others, are deemed subjects of a counMr. Madison, in his report upon the Virginia try and bound by its laws,'although they have
resolutions of 1798, says: "The authority of never assented thereto, and may, by thse very
Constitutions over governments, and of the sove- laws, be disabled from such an act."
reignty of the people over Constitutions, are  And again, in the same section, he says, "a
truths which are always to be kept in view."  majority only of the qualified voters is deemed
Mr. CHAMBERS here said, that at the outset he sufficient to change the fundamental institutions
had said and now repeated,that he did not deny the of the State, upon the general principle, that the
inherent right of the people, and that it was the majority has at all times a right to govern the
bounden duty of this Convention, to introduce minority, and to bind the latter to obedience to
into the Convention, some provision by which, the will of the former."




182
It is hoped, that the two honorable members that such State has the right to judge for itself,
are answered, and that their difficulty has vanish- in relation to the nature, extent and obligations
ed.                                        of the instrument, without being at all bound by
The gentleman from Kent, in order to justify the interpretation of the Federal Government, or
himself in the position which he occupies on this by any other State; and that each retains the
question, as he has done on another occasion, power to withdraw from the confederacy, and to
contends that a State Constitution is to be con- dissolve the connection when such shall be its
sidered as a compact or contract. If he can choice, and suspend the operations of the Fedemake this out, then it is clear that the people ral Government, and nullify its acts when in its
cannot alter it, except in the mode provided. own opinion, the exigency of the case may reBut if he fail in this, then his whole ground is ta- quire." Will the learned gentleman consent to
ken from under him, and the point must be given adopt such conclusions as these. He has cited
up. It will be remembered, that he, (Mr. S.,) Judge Story to prove his position, that the Consome days ago, stated that it appeared to him  stitution is a compact. But it will be found, on
strange that our State Constitutions were treated examination, that it is not the opinion of Judge
as compacts or contracts. It was new to him, and Story from which he can derive support, but on
the idea was all wrong. He then referred to Jus- the contrary, the doctrines of jurists whose views
tice Blackistone to define the difference between are controverted throughout by the distinguished
law and compact. His point was, that govern- author-will the gentleman hold to them, or to
ments were founded in compact, but as soon as Judge Story? To which class does he belong?
organised, they cease to have such a character Is he willing to take the consequences, as illusand become fundamental law.'He also then tratedby Judge Story of the doctrine of cornsaid, that in reference to the Constitution of the pact?  That distinguished jurist, leaves no
United States, there was, in this country, many doubt upon this question. He positively negawho held it to be a compact. The distinguished tives the idea of the Constitution, being treated
member from Cecil, had taken the same position or considered as a compact. In sec. 339, he says,
with him, as to the foundation of government, "a Constitution is in fact a fundamental law or
and had asserted, that after it was organised, it basis of government, and falls strictly within the
became organic law and was no longer a compact. definition of law, as given by Mr. Justice BlakIn this, his friend from Cecil, was too explicit to istone." It will be borne in mind, that this is the
admit of doubt. He had never held that govern- very authority which was quoted by him, (Mr.
ment was not founded on agreement. His doc- S.,) in the earlier part of this debate. "It is,
trine was, that the agreement terminated when (says the author,) "a rule of action prescribed
the government was ordained, and yet, the gentle- by the supreme power in a State: regulating the
man from Kent, (Mr. Chambers,) had spent along rights of the whole community. It is a rule as
time in asserting a proposition which no one dis- contra-distinguished from a temporary or sudden
puted, that government was founded in compact; order-permanent, uniform and universal. It is
and' then in order to sustain his idea that the also called a rtle to distinguish it from a cornState Constitutions are compacts, he had depart- pact on agreement; for a compact is a promise
ed from the question, and sought authority in the proceeding from us; law is a command directed
conflicting doctrines of distinguished statesmen, to us." And in sec. 340, he says, "it is in this
as to whether the Constitution of the United light that the language of the Constitution of the
States were a compact. It is unquestionably United States, manifestly contemplates it; for
true, that this is the doctrine of very many of the it declares, (article 6th,) "that this Constitution
most distinguished statesmen of the southern and the laws, made under the authority of the
school. But does Judge Story assert such a pro- United States shall be the supreme law of the
position? Does he any where hold to such a doc- land."
trine, in reference to the Constitution of the  And so at sec. 348, in speaking of the manner
United States? It is true that he has elaborated in which it was understood by the great men who
the subject, and has devoted many pages to the accomplished the revolution, he says, "they supnotice of Judge Tucker, and other writers. But posed from the moment it became a Constitution
after having shown his, (Judge T's,) opinions, he it ceased to be a compact and became a fundaproceeds to criticise and to show their'error. In mental law."  And in sec. 352, he emphaticalsection 319 of his commentaries, he says, "such ly says, "there is nowhere found upon the face
is a summary of the reasoning of the learned au- of the Constitution, any clause intimating it to
thor, (Judge Tucker,) by which, he has under- be a compact, or in any wise providing for its
taken to vindicate his views of the nature of the interpretation, as such."
Constitution."  And again in section 320, he  Such are the conclusions of the author on
says, "it will be sufficient for all the practical whom the gentleman relies. He utterly annihiobjects we have in view, to suggest the difficul- lates the idea of a Constitution being considered
ties of maintaining its leading positions, to ex- a compact. It is not for him, (Mr. S.,) toexpound the objections, which have been urged press any opinion of the soundness of Judge Stoagainst them.11 He then proceeds in the follow- ry's conclusions, as to the character and effect of
ing sections, to point out the consequences which the Constitution of the United States. His only
must flow from such premises, and the obvious purpose now, was to show, that the gentleman
deductions, that "if it be a compact between the is not sustained by the author in his position.
States, it operates as a mere treaty, and binds  Mr. S. then said, his learned friend, from Cesuch Stateoonly, so long as its consent continues; cil, had cited the opinions of. Mr. Webster on




183
this subject, to show their conformity with his, With the same emphasis, he, Mr. SPENCER, would
(Mr. McLane's.) The gentleman from Kent had repeat, that he had never before heard any statesdenied that Mr. Webster had sustained any such mlan or jurist contend that our State Constitudoctrine. He knew him, he said, toowell, to titutions were to be continued as compacts or
believe for a moment that any thing could be agreements, and he was glad to find, that in this,
found in a speech of his, sustaining the gentle- Judge Story sustained him. He then cited and
man. He had lead the speech, and nothing like read from sec. 337 of his, (Story's,) commentaries.
it could be found in it. Mr. S. thought the gen-  r     s  h     si     d     t 
tieman was mistaken, and had not read far enough  s
Story says any such thing.
or with proper care. He begged leave to refer  y says ay such thing.
him to the same speech, delivered by Mr. Web-  Mr. SPENCER. I say he does.
ster in reply to Mr. Calhoun, February 16th,  Mr. CHAMBERS read the preceding sentence.
1833, on the bill "further to provide for the collection of duties on imports."  He particularly  Mr SPENCER  It would be necessary for him
invited the attention of the gentleman to that toread a number of pages to show that Judge
part of it, found on page 176, of the nd volume Story was treating the question of compact in
of Web.ter's speeches,                      government. He, (Mr. S.,) would assert without
fear of successful contradiction, that he was fully
It is as follows:                        sustained by him. At the section referred to,
" Mr. President, I concur so generally it n the Judge Story says, after elucidating the question
very able speech of the gentleman from Virginia of compact, and the views of distinguished men,
near me,, (Mr. Rives,) that it is not without difi- "no such claimn asever, (at least to our knowldence and regret that I venture to differ with edge,) been asserted by any jurist or statesman,
tin respect  to any of outlaState Constitutions."
him on any point. His opinions, sir, are redo- in respect to any of ourState Constitutions."
lent of the doctrines of a very distinguished  Again in sec. 338, he says, "the true view to be
school, for which I have the very highest regard d taken of our State Constitutions, is, that they are
of whose doctrirnes I can say, what I can also say forms of government ordained and established
of the gentleman's speech, that, while I  concur by the people in their original sovereign capacity.
in the results, I must be permitted to hesitate The language of nearly all these State Constituabout some of the premises. I do not agree that tions, is, that the people do ordain and establish
the Constitution is a compact between States in this Constitution." And again, at sec. 349, he
their sovereign capacities. I do not agree that says "the subject has been thus far considered
in strictness of language it s compct at all. But chiefly in reference to the point, how far government is to be considered a compact, in the
I do agree that it is founded on consent or agree-            considered a  cpact, in the
ment, or on compact, if the gentleman prefers that sense of a contract, as
an act of solemn acknowledgement or assent,
consent or agreement. The Constitution, sir, is
voluntary  and how far our State Constitutions are to be
consent or agreement.  he Constitution, sir, is deemed such contracts, rather than fundamental
not a contract, but the result of a contract, mean- las srsrbd cyte   ean p    rThe
ing by contract io more than assent. Founded  "w, prribed by the svereign power. 
conclusion to which we have arrived,'s, that a,
on consent, it is a government proper. Adopted  onclusione                     ed    a
by the agreement of the, people of the United
by the agreement of the people of the United State Constitution is no further to be deemed a
States, hen adopted, it has become a C tit-        t, than it is a matter of consent by the
tion."  And ag~ain, he says, in the same place, people, binding them to obedience to its requi" So the Constitution of the United States founded sitions, and that its proper character is that ofa
in or on the consent of the people, may be said fundamental law, prescribed by the will of a
to rest on compact or consent, but is itself majority of the people of the State, (who are ennot theso compact      ot, but the result.  When ite  titled to prescribe it,) for the government and
not the compact, but the result. When the peo- I'ple agree to erect a government, and actually regulation of the whole people."  And again at
erect it, the thing is done andthe argreerent is
erect it, the thing is done and the argreement is sec. 340, he says, "a State Constitution is then
at an end. The compact is executed and the end in a ust and appropriate sense, not only a law,
designed by it, attained. Henceforth the- fruit but a supreme law, for the government of the
wholepeople." And again, "it would be an
of the agreement exists, but the agreement is extaor   y  e of languaga, "it would be an
merged in its own accomplishment"           extraordinary use of language to consiera declaration of rights in a Constitution, and especialCan language be more explicit? And does ly of rights which it proclaims to be unalienable
not the authority cover the whole ground of the and indefeasable, to be a matter of contract."
debate, and leave the gentleman without a spot  How now does the question stand. The gentleto rest on? But the authorities are more explic- man, in order to show that the majority have no
it, if possible, still. Remember that the point right to change their form of government,except in
under consideration, is, whether our State Con- the prescribed mode, took the ground that they
stitution can be considered and treated as a con- could bind themselves by a Constitution,,which betract. This is the true point. This is the point, came a compact or contract. But he is contradicwithout which the gentleman's whole fabric ted by the authorities. They all show that governcrumbles and falls. He has said, very emphati- ment is not a compact, but a fundamental law,
cally, in reference to a remark uttered by the prescribed by the supreme power of the Stategentleman from Cecil, that he never before had that the supreme power have at all times a right
heard such an opinion expressed, until this day, to change and remodel their form of government
dlnno Domini eighteen hundred and fifty-one! in the manner they may appoint-and that the




184
people constitute the supreme power. And is  Mr. BRENT withdrew the demand for the prethere anything novel in such a doctrine? Do vious question.
not the authorities all sustain it? Is it not the  Mr. CHAMBERS of Kent, withdrew his amenddoctrine of the first and best men of the country? ment for the purpose of enabling the gentleman
Was it not endorsed by the statesmen ofthe revolu- from Cecil, (Mr. McLane,) to offer the propotion? It is the foundation on which our whole sition he had indicated.
system rests. It is the rock on which he rested M.. in   aw          a           a
all his faith. By what authority are we now               hdr      the amendment     
convened in this Convention? Is it not by virtue notice that he should vote for the amendment of
of the will of the majority? Will any one say the gentleman from Cecil, (Mr. MCLane,) with
that we are assembled in Convention, under the the intention, after that had been adopted, of votConstitution?  Certainly the gentleman from  ing against the whole proposition
Kent, will not say so, for he looks to the majority  So the amendment of Mr. CHAMBERS was
of the people to sanction what we may do, and to withdrawn.
acquiessence by the government to give it validity.  And therefore, the question recurred on the
Has the spirit of insubordination exhibited itself amendment of Mr. PRESSTMAN.
here? Arewethe creatures of the mob? And if we,  Mr MCLANE then moved to amend tat
the representatives of the people, can thus as- amendment, by adding at the end thereof, the
semble to deliberate peacefully on the change of following:
government, and the formation of a new organic  "Provision ought therefore to be made in the
law, what right have we to distrust the same quiet Constitution now to be formed, whereby the exexercise of the same power in future? Thrice ercise of such right, at reasonable periods, and in
have the people of this State, met in Convention, Conventional Assemblies, would be secured and
above and without any constitutional provisions regulated."
to guide them. Amidst the war of the revolu-  Mr. PRESSTMAN accepted this amendment, as
tion, they framed the Constitution under which, a modification of his own proposition.
with alterations, we have lived to the present.  Mr. JENFER said, he had intended to vote for
In 1788, they ratified, in Convention, the Consti- the amendment of the gentleman from Cecil,
tution of the United States. And they have (Mr. McLane,) and then to vote against both
again met in this Convention. Each and all of propositions. He also intended to vote against the
these Conventions were by virtue of the supreme amendment of the gentleman from Kent, (Mr.
power of the people. In each case it was dis- Chambers,) because he, (Mr. J.) believed the
ereetly and prudently exercised. Why then dis- whole provision to be in the bill of rights.
trust the prudence of the people? I have no fear r. DonsEY proposed to offer an amendment
of the result. He would then unhesitatingly sup- upon which he was proceeding to make some
port the amendment of his friend, (Mr. Presst-' remarksman.) And he would, with equal pleasure, sup-  M. BRNT f Baltimore city, submitted that
port the amendment of the gentleman from Cecil, the previous question had been withdrawn by
(Mr. McLane.)                               him, not for the purpose of general discussion,
The first amendment asserts the right of the peo- but for explanation merely.
pie, and the second declares it to be our duty to  Mr. DORSEY yielded the floor.
provide a remedy, for the exercise of the right.  Mr. BRENT moved the previous question.
This was what he desired. He was for indica-  And the question having been taken the Conting and following the mode prescribed in the vention refused to second the demand for the
Constitution. It was convenient and desirable, previous question.
and he had no doubt would prove satisfactory to  The question then recurred on the modified
the people-thewholepeople. To the amendmentamendment of MrPREsTN.
of the gentleman from Kent, he was opposed,   M. DORSE then offered the following as an
iecause, whilst it admitse               it amendment to the righ t fetters itmodified amendment of Mr.
in its exercise. In the same breath that it ad-PRESSTMAN
mits, it denies and restricts it.
mits, it denies and rests        Insert after the words "they have," in the first
Mr. BRENT of Baltimore city, said, he had de- line the following: "according to the mode presired and intended to have submitted some re-scribed in this Constitution, andlthe laws made
marks. But as he supposed that the Convention in pursuance thereof."
must be wearied of the long discussion which
had taken place on this question, he would forego  Mr. DORS  desired to say a few wordsn on the
his right, and call for the previous question.  ubject of his amendment  The amendment of
his rtand cull  e  p   q  n   the gentleman from Cecil did not, in his opinion,
Mr. McLANE enquired of the chair, what the accomplish the object which that gentleman, as
main question would be.                     he understood him, professed to have in view.
The PRESIDENT replied, that the pending ques- The proposition he now offered, was restriction
tion was on the amendment of the gentleman of the manner in which the Constitution might
from Kent, (Mr. Chambers.)                  be amended. He asked the gentleman from CeMr. McLANE. I can only say that if that pro- cil if it was acceptable to him. (Mr. McLane
position should not prevail, I shall offer the indicated his dissent.) He understood that it
amendment which 1 indicated on Friday last.  was not. He knew not why, unless the gentleSome conversation followed when, for pur  man from Cecil was aiming at a different object
poses of explanation,                       from that of which he supposed him to be in the




185
pursuit. He does not say that the people may tieman from Baltimore, then the gentleman from
not alter the Constitution, except in accordance Cecil seems rather to recognize than defeat their
with the Constitution and law, but that they may object. The original proposition only asserts the
enjoy the full right of changing it in their own broad principle that the people have the inalienaway; but he recommends it to them, to exercise ble right to alter or amend or make a new Contheir right in a particular manner.        stitution; the amendment of the gentleman from
As he understood this proposition of the gentle- Cecil only points out one way in which this may
man from Baltimore, after its amendment by the be done; it imposes no restriction on the origigentleman from Cecil, if the people of Baltimore nal right being exercised by the people in any
were to call a meeting at the market house, otherway. The lawless exercise of such a powwithout any authority of law or public notice for er was attempted in Rhode Island, where, perthat purpose, and should make a new Constitu- haps, a bloody war was only prevented by circumtion, and a majority of the people of the State, stances that might not again occur. And it should
being there in attendance, should adopt the Con- be remembered, that some persons, but a few
stitution thus formed, it would become the law years past, called a like meeting of the people at
of the land. It was said that this inalienable Annapolis, to make a Constitution, and, but for
right of the people, dedlared in the amendment the vigor of Governor Veazy, there might have
of the gentleman from Baltimore, was recognized been a civil war here.
in other State Constitutions, and that it did not  If thegentleman from Cecil would adopt the
imply revolutionary action,                amendment now offered, prescribing the mode in
view,nsofd  ~e g a,m C     which only a change of the Constitution must be
He understood the gentleman from Cecil to smade, he would be highly gratified; otherwise the
say, that as he understood the amendment of the gentleman' amendment amounts, only,to a regentleman from Baltimore it meant nothing more commendation to adopt a particular mode; not ex-,
than that the people might assemble, but that eluding the people from the practice of any mode
their assemblies must be provided for by the then they might see fit to select.
existing Constitution or some Legislative enact-  The difference of opinion which exists as to
ment in conformity thereto. If that was the the meaning of the amendment of the gentleman
view of the gentleman  from Cecil, and his from Cecil, shows how necessary it is that our
amendment sustained it, he concurred with him; constitutional provisions should be so explicit as
and would desire that his amendment might be to preclude all contrariety of interpretation upon
adopted in order that the public mind might be the subject; such would be the result of the
relieved on the subject. If the House would amendment I propose, and which the gentleman
adopt a  amendment, by which it is provided from Cecil thinks is, in effect, identical with his
that any change must be made according to the o. My objection to the gentleman's amendConstitution, or act of the Legislature passed ment, is, that it will leave the door open for frefor the purpose, the American principle onthis quent and sudden changes of the Constitution at
csubject owould be carried out. yo p  a     the will of a majority of the people, formed unIf the the gentleman from Cecil designed to der sudden excitement, without time for deliberaestablish such a course of proceeding, his amend- tion or any of the formalities of law. As a comment was wholly inadequate to the accomplish- promise, he would be willing to take a provision
ment of his object. It was important to have a that the Legislature should prescribe the necesstable government. But if you adopt the amend- sary formula to the convention of the people; or
ment:of the gentleman from Baltimore, with that their representatives. The Legislature, perhaps,
attached to it by the gentleman from Cecil, you might exert the abstract right without such prorecognize the power in an assembly of the peo- vision, but he would prefer making it plain by a
pie, called without public notice, by the secret provision in the Constitution. He repeated, that
concert of individuals, held, if you please, at the th amendment of the gentleman from Ceicl left
market house of Baltimore, to change or abolish the people free, in their primary assemblies, to
the form of government, without complying with alter, changet or abrogate the Constitution, as in
any legal sanction whatever. They may do this, the original amendment of the gentleman from
and in a week after may call another meeting and Baltimore. And the effect would be, that when-'
have a new Constitution, and thus they may go ever Baltimore shall have a population greater
on, changing the government, week after week, than all the other parts of the State, as must soon
and year after year. With a government of such be the case, they may get up a meeting at the
a character, no one would consider himself safe market house, give no notice to the other parts
in living under it. Yet the gentleman from Ce- of the State, and thus change the whole form of
cil thinks his proposition sufficient. If the gen- government. At some future period, Baltimore
tieman from Cecil would agree to the modifica. might thus, in a single day, overthrow the Contion now proposed, he, (Mr. D.,) would acceed stitution. This, he would guard against. He
to his amendment and admit its sufficiency. With- was sorry the gentleman from Cecil would not
out it, the amendment of the gentleman would be unite with him in his effbrt to do so by accepting
entirely insufficient. If the gentleman means his amendment.
that the Constitution shall only be changed in the  Mr. BRENT, of Baltimore city,, said, he felt
manner he proposes, and will so frame his amend- a strong temptation to make some remarks, but
ment, then he would agree with him. But if it he was so anxious that the question should be tais intended, as its perusal would indicate, to ad- ken on these abstract propositions, that he would
mit the principles of the amendment of the gen- again call for the previous question.
24




186
Some conversation followed.              son, Thawley, Hardcastle, Gwinn, Stewart of
After which,                             Baltimore city, Brent of Baltimore city, PresstThe question was taken; and              man, Ware, Brewer, Weber, Hollyday, Slicer,
There was a second to the demand for the pre- Fitzpatrick and Shower-28.
vious question.                              So the amendment as amended was adopted.
And the main question was ordered to be now  And then the first article of the Report, as
taken.                                     thus amended, was adopted.
Which main question was first on the amend-  The second article of the Report was read as
ment of Mr. DoRSEY.                        follows:
Mr. STEWART, of Baltimore city, asked the  Art. 2. That the people of this State ought to
yeas and nays which were ordered, and being ta- have the sole and exclusive right of regulating
ken, were as follows:                      the internal government and police thereof..tfflrmative-Messrs. Chapman, President, Mor-  No amendment having been offered, the article
gan, Blakistone, Dent, Hopewell, Lee, Cham- was adopted.
bers, of Kent, Mitchell, Donaldson, Dorsey,   The third article of the Report was read as
Wells, Randall, Kent, Weems, Dalrymple, follows:
Bond, Sollers, Brent of Charles county, Merrick,.1t. 3. That the inhabitants of Maryland are
John Dennis, Crisfield, Dashiell, Williams, entitled to the common law of England, and the
Goldsborough,Eccleston, Phelps, Bowie, Sprigg, trial by jury according to the course of that law
McCubbin, Diricksor, McMaster, Hearn, Fooks, and to the benefit of such of the English statutes
Jacobs and Kilgour.-35.                     as existed at the time of their first emigration,
Nregative-Messrs. Jenifer, Buchanan, Bell, and which by experience have been found appliWelch, Ridgely, Colston, Chambers of Cecil, cable to their local and other circumstances, and
Miller, McLane, Spencer, Grason, George, of such others as have been since made in EngWright,Shriver, Sappington,McHenry, Magraw, land or Great Britain, and have been introduced,
Nelson, Thawley, Hardcastle, Gwinn, Stewart used and practiced by the courts of law or equiof Baltimore city, Presstman, Ware, Fiery, John ty, and also to all acts of assembly in force on
Newcomer, Brewer, Weber, Hollyday, Slicer, the first Monday of November, 1850, except such
Fitzpatrick, Shower and Cockey-34.          as may have since expired, or may be altered by
So the amendment was adopted.             acts of this Convention, or this Declaration of
The question then recurred on agreeing to the Rights, subject, nevertheless, to the revision of,
modified amendment of Mr. PRESSTMAN, as thus and amendment or repeal by the Legislature of
amended.                                   nthis State; and the inhabitants of Maryland, are
Mr. JENIFER, (to the President.) Is it in or- also entitled to all property derived to them from
der now to move that the whole subject be laid or under the charter granted by his Majesty
on the table?                              Charles the First, to Caecilius Calvert, Baron of
The PRESIDENT. The motion is not now in Baltimore.
order.                                       No amendment having been offered, the article
Some conversation followed on a point of or- was adopted.
der, in which                                The fourth article of the Report was read as
Messrs. BRENT, of Baltimore city, JENIFER, follows:
and the PRESIDENT took part..lrt. 4. That all persons invested with the LeMr. SPENCER, when his name was called, gave gislative or Executive powers of government are
notice that he should vote in the affirmative on the trustees of the public, and as such accountthe amendment, as also upon the amendment as able for their conduct; wherefore, whenever the
amended, for the purpose of enabling him here- ends of government are perverted, and public libafter to move a reconsideration of the vote there- erty manifestly endangered, and all other means
on.                                         of redress are ineffectual, the people may, and of
The question then recurred and was put upon right ought to reform the old or establish a new
the amendment as amended; and               government; the doctrine of non-resistance against
Determined in the affirmative.            arbitrary power and oppression is absurd, slavish
The yeas and nays were ordered and appeared and destructive of the good and happiness of
as follows:                                 mankind.
Jflirmative-Messrs. Morgan, Blakistone,Dent,  No amendment having been offered, the artiHopewell, Lee, Chambers of Kent, Mitchell, cle was adopted.
Donaldson, Dorsey, Wells, Randall, Kent,     The fifth article of the Report having been
Weems, Dalrymple, Bond, Sollers, Brent of read as follows:
Charles, Merrick, Colston, John Dennis, Cris-.qrt. 5. That the right in the people to particifield, Dashiell, Williams, Goldsborough, Ec- pate in the Legislature is the best security of libcleston, Phelps, Bowie, Sprigg, McCubbin, Spen- erty, and the foundation of all free government,
cer, Wright, Dirickson, McMaster, Hearn, for this purpose elections ought to be free and
Fooks, Jacobs, Fiery, John Newcomer, Kilgour frequent, and every free white male citizen havand Cockey-40.                             ing the qualifications prescribed by the ConstituNJegative-Messrs. Chapman, President, Jeni- tion, ought to have the right of suffrage; 
fer, Buchanan, Bell, Welch, Ridgely, Chambers  Mr. BOWIE moved to amend the said article by
of Cecil, Miller, McLane, Grason, George, inserting after the word "having," in the fourth
Shriver, Sapfington, McHenry, Magraw, Nel- line, the following:




187
"A common interest with, and an attachment  irt. 11. That every man hath a right to petito the community;-and"                      tion the Legislature for the redress of grievances
Mr. BOWIE said he hoped the amendment in a peaceable and orderly manner.
would be accepted by the Chairman of the com-  lrt. 12. That no aid, charge, tax, burthen,
mittee on the declaration of rights,[Mr. Dorsey,] fee or fees, ought to be set, rated or levied, unand that it would be adopted without discussion. der any pretence, without the consent of the
Mr..DoRsEY said, the only objection to the Legislature.
amendment was that it was unnecessary, and    The thirteen article was read as follows:
might lead to some difficulty, because, although
the voter might have every other qualification, fort. 13. bhat pauperought not to beassessed
yet a question might arise with the judges of for the support of Govenment, but every other
Mr; BRE~NT,-         person in the State, or person holding property
election, whether he did, in fact, possess a com- e in  t    he Stte o  e   prop
mon interest with, and an attachment to the con-  ei, ought to contribute his proportion of
wor:munity.                        M. D    Spublic taxes, for the support of Government,
The question was then taken, and the amend- according to his actual worth in real or personal
ment was rejected. -                      I property; yet fines, duties or taxes may properly
And the fifth articlewas then adopted.   and justly be imposed or laid, on persons or proThe sixth article was read as follows:   perty, with a political view, for the good governArt. 6. That the legislative, executive and ment and benefit of the community.
judicial powers of government ought to be for-  Mr. KILGOUR moved to amend the said article
ever separate and distinct from each other.  by inserting the following words immediately
Mr. BRENT, of Baltimore city, moved the fol- preceding the first word of the said article:
lowing amendment:                            "That the levying taxes by the poll is grievous
Add at the end of the article the following and oppressive, and ought to be abolished."
words:                                        Mr. DoRSEY stated that this subject had been
"And no person or persons exercising the before the Committee. There was a question
functions of one of said departments, shall as- under consideration, on the subject of raising a
sume or discharge the duties of any other."  capitation tax, or poll tax, for the purpose of
Mr. DoRSEY suggested thatthere was one dif- education. The Committee had thought it best
ficulty which presented itself tohis mind, if this to strike it out, and leave it to the Legislature to
amendment should be adopted. It might exclude act. It was for the Convention to decide this
the Senate of Maryland, that highest tribunal, question. There was a great deal of contradictory
appointed by the Constitution of Maryland, from  opinion on the subject among the people. Many
sitting as a court of appeals.             persons who subsisted on their labor were willing
Mr. BRENT said he presumed that the Consti. to be taxed for this object, while others were
tution would make provision for: that case. He not. If the tax was laid under a constitutional
had offered his amendment, because the old arti- provision, it must remain. If the Legislature
cle in the bill of rights did not prevent a mem- imposed the tax, and it proved unacceptable to
berof the Legislature from being a judge, or the people, it could be repealed.
even the executive. He, therefore, desired to 
exclude from the Legislature, any member of  Mr. MAoAw asked the yeas and nays on the
amendment, which w~ere    ordered, and being
the judiciary, and from the judiciary any mem- tamend,  wh    wer e  orded ad   nd 
ber of the Legislature. The subject had been taken, resulted as follows:
discussed here at an earlier stage of the session;  iffmative.-Messrs. Morgan, Weems, Dalrymand he saw no harm that could result from his ple, Sollers, Jenifer, Buchanan, Welch, Colston,
amendment.                                  Eccleston, Phelps, Miller, Bowie, Spencer, GraThe question was then taken, and by yeas 34, son, George, Wright, Dirickson, McMaster,
noes 26, the amendment of Mr. BRENT was Shriver, McHenry, Magraw, Nelson, Thawley,
adopted.;                                Hardcastle, Gwinn, Stewart of Baltimore city,
And the sixth article, as thus amended, was Brent of Baltimore city, Presstman, Ware, Fieadopted.                                    ry, Kilgour, Brewer, Weber, Hollyday, Slicer,
The 7th, 8th, 9th, 10th, 11th, and 12th articles Fitzpatrick and Shower-38.
were severally read and adopted, as follows:  3Negative.-Messrs. Chapman, President, Blak-.Irt. 7. That no power of suspending laws, or istone, Dent, Hopewell, Lee, Chambers of Kent,
the execution of laws, unless by or derived from  Mitchell, Donaldson, Dorsey, Wells, Randall,
the Legislature, ought to be exercised or al- Kent, Bond, Brent of Charles, Merrick, Bell,
lowed.                                      Ridgely, John Dennis, Crisfield, Dashiell, Wilgirt. 8. That freedom of speech and debates, lams, Goldsborough, Chambers of Cecil, Mcor proceedings in the Legislature, ought not to Lane, Sprigg, McCubbin, Fooks, Jacobs, Sapbe impeached in any court of judicature.    pington, John Newcomer and Cockey-31.
girt. 9. That Annapolis be the place for the  So the amendment was adopted.
meeting of the Legislature; and the Legislature  And the question recurring on the adoption of
ought not to be convened or held at any other the article as thus amended:
place but from evident necessity.             Mr. RANDALL moved the following amendArt. 10. That for the redress -of grievances, ment:
and for amending, strengthening and preserving  Insert in the fifth line of the article after the
the laws,]the Legislature ought to: be frequently  word "property," the words "within the State."
convened.'Mr. RANDALL said, that his amendment pro



188
posed to re-enact the clause of the old Constitu- able to convince himself that there was any truth
tion. The difference between that and the arti- in it. But he had heard of the tyranny of a micle as proposed, was a substantial one. The nority. It so happens, that the majority of memamendment inhibited the Legislature from pass- bers of this body represents less than one-lhird
ing any law, taxing property beyond the limits of of the people of the State. He could not comthe State. The attempt to tax property without prehend how government, based upon the majorithe State, must, it seemed to him, be a failure in ty, could be called a tyranny. One of our leading
nine cases out of ten. Those upon whom the principles is, that majorities shall govern; and
exercise of the power devolved, had no means of that these majorities were tyrants, was an entireascertaining the value, or even the existence of ly new doctrine. He could easily imagine how
that property; and thus the system led to perjury, a minority could usurp the rights and trample on
and to. frauds upon the revenue, and hence was the rights and feelings of the majority; and this
wrong in itself.                          sort of tyranny was the first step to monarchy.
Another, and an unanswerable argument was,  Our forefathers were induced to take up arms,
that property was responsible for taxes in the and to resist tyranny to obtain political rights for
community in which it existed. Surely, it was all! They foughtto throw off the yoke of a few
wrong, that a man should be compelled to pay who tyrannized over them. He expressed his
taxes both in and out of the State for the same inability to comprehend some of the doctrines
property. It seemed to him, that there could and some of the phrases of the gentleman from
be, and ought to be no distinction between real Kent. If the doctrines laid down by that gentleand personal property in the State of Maryland. man were~correct, they should prevail. But the
If there was the power in the one case, whyshould language of that gentleman was new to him.
there not be in the other? He contended also, The gentleman spoke of giving the people their
that the system was not courteous to our sister rights. He could only reply thathis constituents
States. He alluded to the injurious operation did not come here to ask alms. They underwhich this example would have upon our own stood what were their rights, and those they would
State stocks, if other States should, in retaliation, not beg for, but demand.
follow this example and argued that no such  He went on to state that his ancestors settled
tax ought to be laid, whether regarded either in where, he now resides, when it was called the
the-light of justice, or of sound policy. And he back woods, and Baltimore was a small town.
referred the Convention to a letter which had re- The population of the State was then principally
cently been presented by Mr. Chambers of to be found on both sides of the Chesapeake
Kent, from Mr. Hall, setting forth the evils Bay, and below its head. The Allegany mounwhich resulted from the taxation of property thus tains had probably, at that time, never been trodsituated, and its injurious operation upon the peo- den by the foot of a white man. And what is
pie of Maryland.                          now the condition of that part of the State? BalTherefore pending th q tin,   timore city and Western Maryland contain a
Therefore, pending the question,        large majority, (perhaps two-thirds,) of the
The Convention adjourned until to-morrow at largelth and population   o f the Sate.
eleven o'clock                            wealth and population of the State.
Our forefathers had lived under the rule of a
monarchy, but they had fought for their liberties,
Sketch of the Remarks of Mr. BROWN, of Carroll, on contending against the most powerful nation on
the 30th. of January.         earth. The freedom which they achieved, they
had handed down to us, and we should hand it
The pending question being on the amendment down to our children.
offered by Mr. CHAMBERS, of Kent, to the     would tell the gentleman from Ient, how
amendment of Mr. PJr.ssTMAN.
*amendment of Mr. PREtSTMAN  W    this reform question could be settled certainly
Mr. BROWN, said: he came to the House with- and quietly. Give us a Constitution that will seout any intention to make a speech. He usually cure to the people their rights, and nothing more
contented himself with saying what he thought, will be heard in the way of complaint.
and sometimes he spoke earnestly, and after ex-  The state of things was this: two-thirds of the
pressing what he had to say, he sat down. He people of the State have no political rights.
recapitulated what he had said yesterday in reply Could any one suppose they would remain quiet?
to the reference made to the Dorr case in Rhode Could it be permitted that the one-third should
Island by the gentleman from Somerset. He tie down and control the two-thirds? Further to
adverted to the ridicule which had been cast on illustrate the principle for which he contended,
the seventeen gentlemen who had voted for the he read an extract from the works of Mr. Jefpopular basis of representation by the gentleman ferson on the subject of Constitutions, and the
from Dorset and others; and then went on to state necessity of changes in laws and institutions to
that he had replied that although seventeen was keep pace with the times. That was the princia small minority out of seventy-seven votes, yet ple for which his constituentswere contending.
the name of the constituents of these seventeen, They asked no favor of the Eastern Shore. "We
was "legion." They represented in fact a majori- out-number you, and we-think we are able to
ty of the white population of the State. The gen- take care of ourselves." But there is no dispositieman from Worcester had spoken of the tyran- tion among them to exercise tyranny over the
ny of a majority. The phrase was entirely new  small counties; and was it not an insult to them,
to him; he had never read of it, had never heard when a minority undertook to control and govern
of it until he came into this hall'; and he was un- them, and talked of giving them their rights?




189
As to the amendment of the gentleman from  no mode should be pointed out by which it should
Kent, it was precisely the 59th article of the old be changed. It was not necessary for him, in
Constitution. It re-enacts that article without the view which he designed to present, to assert
the restriction in the 42nd article of the bill of the doctrine that the right was to be exercised
rights.                                     against the particular forms of the Constitution
Mr. CHAMBERS interposed a remark, that this which might or might not be adopted. On that
was a total misapprehension of his purpose. He point, he had as yet reserved his opinion.
thought it proper that the mode of changing the  If the amendment of the gentleman from CeConstitution should be specified. But when the cil, (Mr. McLane,) should be brought to a vote,
gentleman from Carroll says, that the proposition he, (Mr. P.,) might feel himself constrained to
is restrictive in its effect, the gentleman from  vote for it; not because he had abandoned the
Carroll attributed to him a purpose he never in- ground which he had originally taken, but betended.                                     cause there was not one single word in that
Mr. BROWN, in conclusion, stated that the meprinciple of his
ly spoke of the effect of the amendment-of the own  If there were, he would vote against it
intention f the gentleman from  ent, he would He understood that amendment to be a mere assertion that the right exists, and to point out a
say nothing. It did, in effect, say to the people, sertion that the right exists, and to point out a
"thus far shalt thou go, but no further." If it mde inwhichthat right may be exercised on
were to be adopted now, it would be rendered
were to be adopted now, it would be rendered the score of expediency. If the gentleman from
nugatory in its operation, before a new genera- Cecil had,  any degree denied that right, h
tion would pass away. He looked upon it as (Mr. P.,) repeated that he could not have voted
merely a re-enactment of the 59th article. This for the amendment. He did not now  pledge
was all he proposed to say, and he had not in- himself to do so-nor would he, until he had
tended to say this; but aftcr the hard blows he heard the discussion. If, however, he should do
had received from the gentlemen on the other so he meant it to be understood, that he voted
side, he could not remain silent.          for it as a compromise, looking to conventional:side, h: - -   reform; and if it did not contain the germ of conventional reform as contra-distinguished from leSketch of the Remarks of Mr. PRESSTMAN, Feb. 3,  gislative reform, he would not vote for it under
On his amendment to the Bill of Rights, as to the any circumstances. He wished, therefore, that
the gentleman from Kent, (Mr. Chambers,)
right of the people to alter their form of gov- ould bear in mind.hat although gentlemen
ernment, &c.                              had charged him, (Mr. P.) with setting up the
Mr. CHAMBERS, of Kent, again took the floor, doctrine of the right of the people, short of the
but said that if there was any gentleman who revolutionary right, to change their government
adopted the views of the gentleman from the in a manner different from, and in violation of the
city of Baltimore, [Mr. Presstman,] and the gen- mode pointed out by the Constitution, he never
tieman from Cecil, [Mr. McLane,] and who de- had asserted that doctrine, as it was unnecessary
sired to be heard, he, [Mr. C.] would cheerfully for him to do so. He had proposed his amendyield the floor.                            ment in the event of no mode being pointed out in
Mr. PRESSTAN said, he desired to sa a very the Constitution, and leaving it, therefore, to the
Mr. PREsST~iAN said, hedesiredtosay averypeople to provide a mode for themselves. He
few words, in order to put himself right before  e to p   e a       for themselves. He
the Convention. It was not his intention again did not hold with his colleague, (Mr. Brent,) nor
the Convention. It was not his intention again           n   from   Cil, (Mr. McLane,)
to trespass upon its time. All he desired was wth the gntman fom Cecil (Mr. McLane )
that, before the gentleman from Kent, [Mr. thatthere was no mode by which the people
Chambers,] proceeded with his remarks, he could adopt a new Constitution, except accordshould understand precisely the position which ing to rovision made by the Legisature. The
wic    doctrine which he maintained, he held to be idenhe, [Mr. P.] intended to take at the commence.     which he maintaied, heheld to be idenment,.  P. iee      oa     atc        ne    tical with that upon which some gentlemen had
m   contended that they held their seats here, that is
As he had heretofore stated, the amendment to say, the general acquiesence of the people, inhe introduced embodied precisely the same lan- dependent of legislative acts.
guage as that contained in the bill of rights of
several of the States of the Union, and he would
now frankly state to the Convention, that the 
views which had been presented, in part, upon
his side, were not the views which he designed, Febr                      y 5, 
to hold at the commencement of the debate.
He intended to say that if the amendment should  The Convention, pursuant to its order of yes
be adopted, following, as it did, the form of the terday, met this day at 11 o'clock.
Virginia bill of rights, and of the bills of rights of  Prayer was made by Rev. Mr. GRIFFITH.
Maine, and other States, there should be no   The journal of yesterday having been read,
provision in any manner in the Constitution,  Mr.WEBER moved so to amend it as to state the
which was about to be made, prescribing any fact that he had called the yeas and nays, on the
particular mode in which that Constitution should motion of the gentleman from Calvert, (Mr.
be changed.                                 Weems,) that the hour of meeting be eleven
It would, therefore, be in harmony with his o'clock.
idea, that hereafter, in forming a Constitution,  Some conversation followed.




1.90
It appeared that when the yeas and nays were  J/t. 17. That every free man, for any injury
asked, but not ordered, it was not usual to enter done to him in his person or property, ought to
the motion on the journal.                  have remedy by the course of the law of the land,
Mr. DORSEY presented a memorial of sundry and ought to have justice and right, freely withcitizens of Howard district, of Anne Arundel out sale, fully without any denial, and speedily
county, praying that said Howard district may without delay according to the law of the land.
be constituted a separate county.. rt. 18. That the trial of facts where they
Referred to the select committee appointed on arise, is one of the greatest securities of the lives,
new counties.                              liberties and estate of the people.
Mr. DONALDSON also presented a petition of  The 19th article of the bill was read as folsundry citizens of said district, of similar im- lows:
port.
Referred to the same committee.         rt. 19. That in all criminal prosecutions,:Mr. D. said he would take occasion to remark everyman hath a right to be informed of the acthat he heartily concurred in the prayer of the cusation against him  to have a copy of the inpetitioners.                              dictment or charge, in due time (if required) to
The Convention therefore passed to the order prepare for hisdefence; to be allowed counsel,
of the Conventionday.  therefore passed to the to be confronted with the witnesses against him;
0of 0~ "th E"~~~~ dto have process for his witnesses; to examine the
THE BILL OF RIGHTS.             witnesses for and against him on oath; and to a
Then Convention then resumed the considera- speedy trial by an impartial jury, without whose
Then Convention then resumed the consideration of the order of the day, being the report unanimous consent he ought not to be found
submitted by Mr. DORSEY, on the  Ith ult., as  Mr.MERgumovedt    o amend it, by striki
chairman of the committee on the declaration of  the words "ifrequired. 
rights..    out the words "if required."
rigThe immediate question was on the am -   Some desultory conversation  followed, in
The immediate question was on the amendwhich Messrs. BLAKISTONE, MERRICK, BuCHANAW,
ment offered by Mr. RANDALL, yesterday, and           IOWIEs took. part-after
pending at the hour of adjournment, to the. ptJ3th article.
i3th article.      n    a      +.         Mr. MERrscK withdrew his amendment.
Mr. DONALDSON held the floor, but, on his sug-  Mr. MITCHELL moved an amendment, nsertgestion, the article was informally passed over    e    the word "counsel,  the words
for the present, (Mr. Randall being engaged in ing afer 
the argument ofa case in court.)  wehether admitted to the bar or otherwise."
the argument ofMra case in court.)     MI1TCHELL said, he made the amendment,
The fourteenth article was then read as fol-L s, h m                   t 
in behalf of a very modest class of persons, who
lows:
might not be able, often, to avail themselves of the.rt. 14. That sanguinary laws ought to be privilege contemplated by it-but he desired that
avoided, as far as is consistent with the safety of the privilege should at least be extended to
the State; and no law to inflict cruel and unusual them.
pains and penalties ought to be made, in any  Some conversation followed between Messrs.
case, or at any time hereafter.             PHELPS and MITCHELL.
No amendment being offered, the article was  Mr. DORSEY thought this was rather an extraadopted.                                    ordinary amendment. There was an old saying
The fifteen article was read as follows:  at the bar, that a suitor who was his own counJrt. 15. That retrospective laws, punishing sel, had a fool for his client. He cited a case
acts committed before the existence of such laws within his own experience in which a distinand by them only declared criminal, are oppres- guished citizen of Anne Arundel had undertaken
sive, unjust and incompatible with liberty; where- to manage his own case, which was unquestionafore no cx postfacto law ought to be made.  bly good in itself-but which became so involved
Mr. DENT moved to amend the article by by the manner in which it was conducted, that
striking out the words "ex postfacto," (which, he the jury must have given a verdict against him.
said, was mere vulgar Latin,) and to insert the (Laughter.) The court then recommended him
word "such,' in lieu thereof.               to let his counsel take charge of the case.
Mr. DoRsEY thought it would be better that  Mr. D. thought that the adoption of such an
the amendment should not be adopted. The ex- amendment would be attendid with very injuripression "ez postfacto," was so well understood ous effects, and that, not for the sake of the proby the profession, and by all law-givers, and he fession, but of the parties themselves, it ought
thought it would be inexpedient to change it. not to be adopted.
The word "such," was more indefinite.       Mr. MITCHELL. I withdraw the amendment.
Mr. DENT withdrew his amendment.          I feel that I should be in a very bad perdicament
No further amendment having been offered, myself. (Laughter.)
the fifteenth article was adopted.            So the amendment was withdrawn.
The sixteenth, seventeenth and eighteenth   And then the 19th article was adopted.
articles were read, and, no amendment having  Mr. DIRICKSON rose to offer an amendment
been offered thereto, was adopted, as follows:  to it.
ATrt. 16. That no law to attaint particular per-  The PRESIDENT said, the question had been
sons of treason or felony, ought to be made in finally taken, and the article adopted.
any case, or at any time hereafter.           Mr. DIRICKSON.  I was desirous to offer an




191
amendment providing that the counsel for the Every facility is already afforded to an accused
prisoner shall have the right to close the argu- person, to enable him to prove his innocence.
ment.                                        All presumptions of law are in his favor, and he
Mr. BOWIE. Move a separate article,       has the advantage of every technical defect
SEVERAL VOICES. Move a re-consideration.  which astuteness may detect in the proceedings.
Mr. DIRICKsoN. I did not votefor the article..When his case comes up, even should the charge
Mr. PHELPS. I did-and I move a re-consid- be most heinous, the sympathy is almost always
eration, so that the gentleman, (Mr. Dirick- on his side; counsel is provided for him, if he is
son,) can offer his amendment.              unable to pay for such services. The Attorney
Mr. DIRIcKsoN offered the following amend- General or his deputy is actuated by no vindicment.                                       tive feelings; he is not like the avenger of blood
Add at the end of the article, the following:  in the old testament, pursuing the slayer to the
"And upon his trial, his counsel shall have the cities of refuge. He stands in the position not of
privilege of making the closing address to the counsel, but of judge advocate. He opens the
court or jury."                             case with a description of the offence and its
Mr. JE E s s, tt p  s te p   - circumstance, and states the law and its applicaMr. JENIFER suggested, that perhaps the prop-  Theprsoner   counsel follows, examining
er place for this amendment would be the judiciary hplabortsill.  -e n        and often preventing the facts in evidence, and
ciary bill.
answering the argumentsof the prosecutor. And
Mr. DoRSEY moved to amend the amendment although the prosecu      torn         n   -
although the prosecuting attorney follows in re"And that the State have the same right of
challenging jurors that the accused has.h"   matter; and not being an advocate, as his oppochallenging jurors that the accused has."
And the question being on the a~mendment to  nent is, but representing the dignity of the State,
the amendment,                              he is bound not to descend to any unworthy artifice. Great complaints have been made of the
Mr. STEWART, of Baltimore city, asked the  extent to which the counsel for a prisoner freyeas and nays, which were ordered, and, being quently goes in order to obtain an acquittal; and
taken, were as follows:                     if the advantage proposed by this amendment be
Affirmative-Messrs. Morgan,'Blakistone,Dent, added to the facilities already allowed-if the
Chambers of Kent, Mitchell, Donaldson, Dorsey, prisoner's counsel is to have the final speech and
Wells, Kent, Weems, Sellers, Brent of Charles, thereby have full license, without contradiction,
Merrick, Jenifer, Chandler, John Dennis, Wil- to state such principles of law, and place such a
liams, Goldsborough, Bowie, Sprigg, McCubbin, construction on facts as may most favor his end,Gaither, Presstman, Davis, and Hollyday-25. it would be the means of throwing back into the
3egative-Messrs. Chapman, President, Lee, community a stillgreater numberof persons who
Dalrymple, Bond, Buchanan, Bell, Welch, ought to have been convicted. He knew that
Ridgely, Colston, Dashiell, Eccleston, Phelps, the gentleman from Worcester was actuated by
Chambers of Cecil, Miller, McLane, George, pure' motives when he offered this amendment,
Dirickson, McMaster, Hearn, Fooks, Jacobs, but believing it would be mischievous, he felt
Shriver, Sappington, Magraw, Nelson, Carter, bound to oppose it.
Thawley, Hardcastle, Gwinn, Stewart of Baltimore city, Brent of Baltimore city, Ware, Fiery,  Mr. DIRICKSON said:
John Newcomer, Michael Newcomer, Kilgour,     He did not'claim the entire credit of the
Weber, Slicer, Fitzpatrick, Ege, Shower, and amendment which he had just submitted to the
Cockey-42.                                  Convention-it having been in part, suggested
So the amendment to the amendment was re- by the honorable gentleman from Harford counjected.                                     ty, (Mr. Magraw,) now upon his right. FamiThe question then recurred on the amendment liariwith the proceedings of courts of justice from
of Mr. DIRICKSON.                           his earliest manhood, it had been his fortune to
Mr. DONALDSON, said: it was proper that we  witness many prosecutions for criminal offences,
should know clearly what we are about when  and he had often observed the terrible effect of
we propose radical changes in the law. We live the last uncontradicted speech against the accusin a community of honest men; and it is not the ed. The motive that had induced the offering
fact that injustice was done to accused persons, of the proposition, was in perfect harmony with
in our administration of the criminal law. When  the humane spirit of that principle which was
a man charged with crime is put upon his trial, eminentlythe characteristic of all criminal law
his right of challenge is so extensive as in effect in all Christian lands.: And when he said, it was
to give him the choice of his own jury, whilst the better "that ninety and nine guilty persons should
State can only challenge for cause. He thought escape, rather than one innocent man receive
that we ought not to extend the right of chal- unmerited punishment," he uttered a doctrine
lenge to the State, as' the practice now exists. familiar to all-and one, the justice and propriHe had voted for it as an amendment to the ety of which, no one for amoment doubted. It
amendment of the gentleman from Worcester, had been argued by the gentleman from Anne
(Mr. Dirickson,) because he feared that amend- Arundel connty, that the prosecuting attorney
m'ent might prevail, although he hoped it would  acted both as prosecutor and judge advocate.
not. If the counsel for the accused was to have That such ought to, and might occasionally, have
the closing speech, he was in favor of allowing been the case, he did not deny-but he was inthe State the right of peremptory challenge. duced to believe that professional pride, must of



192
ten became aroused and sought by a triumphant every facility should be afforded the accused. It
prosecution, to display all its distinguishing abil- was often the practice to employ, as an assistant
ity. Sometimes, too, it might occur that other prosecutor, some young lawyer whose duty it
counsel might be employed by those who imagin- was to open the case, and the weakest argument
ed;themselves aggrieved toTaid the regular prose- was always in the opening, and it is to that only
cutors in the trial, and thus an additional stimu- that the counsel for the accused is permitted to
lant lent its powerful influence.         reply. The evil of this practice he had felt both
Mr. DONALDSON asked if he understood the in Maryland, and in the courts of the District of
gentleman from Worcester as saying that the Columbia. He gave some reasons to show that
Attorney General, or any of his deputies were in the State had now a sufficient right of challenge
the habit of receiving fees?              and that the right ought not to be extended. InMr. DIRICKrSON replied. Certainly not. He had nocent men had been convicted in Maryland, as
not said so-nor did he believe the Attorney well as in other places.
General or his deputies, ever had received fees  Mr. CHAMBERS wished to say a single word.
for doing their duty as prosecutors. He had al- He had filled the office of Prosecuting Attorney,
luded solely to the other counsel, who might be and had tried as many cases as any gentleman
retained to assist them.                  here, in a long course of practice. During all
He then continued his remarks by saying, that period, there were very few criminals tried
that the persons accused not unfrequently, were in whose trials he did not take part. He had
suffering under the very extreme of poverty and only risen to say, that in all his long experience,
want-that they were wholly unable to obtain he had never known one solitary case in which,
the influence of able and eminent men, (unless with the present advantages allowed an accused
the spirit of sympathy was awakened,) and that person, of an innocent man suffering from an unthe counsel assigned for their defence by the just conviction. He had acquitted scores of men
court might be from among the youngest and who were guilty, and he had known other gentleleast experienced of the bar. Under such cir- men at the bar who had acquitted as many. If,
cumstances, the odds were fearful indeed; and with these facts before its eyes, the Convention
when it was remembered that degredations and think it necessary to provide further facilities
infamy, and liberty-nay, life itself, might de- for persons brought into Court for trial, so let it
pend upon the issue, the highest dictates of hu- be.
manity urged the adoption of every measure  Mr. DORSEY said, he also would State the reconsistent with the ends of justice, by which the suit of his observation and experience. He had
unfortunate might be rescued from so awful a been Attorney General of the State of Maryperil. Entertaining such sentiments, he earnest- land, before he had a seat on the Bench, and
li' hoped the Convention would regard the had been on the Bench twenty-five years, and he
a endment with favor, and cheerfully accord to could reiterate all which had been said by the
the accused, the last appeal to that jury upon gentleman from Kent. He hadnever known but
whose verdict, his all of reputation and happi- one case of improper conviction, and that was
ness might depend.                        since he had been on the Bench. When AttorMr. JENIFER expressed his apprehension that ney General, he had always felt it his duty when
gentlemen were permitting their feelings of hu- the evidence of guilt was insufficient to warrant
manity to outrun their discretion. So far as his the conviction of the accused, to make such
experience went, he had never known any in- statement to the jury, and an acquittal always
stance of a criminal being convicted, without full followed. There was one case in which an inproof of his guilt, after every opportunity had nocent,man tried before him, was convicted, and
been given him for his defence.  He was not he, without any application made to the court for
aware of the existance'ofany law, which preclud- the purpose, informed the counsel of the accused
ed the counsel for the accused from having the that if moved for, a new trial would be granted.
closing appeal to the jury.                 Mr. BRENT stated that the feelings of old
Mr. BRENT, of Baltimore city, said it was the practioners were less acute on this subject than
practice in all the courts.               those of younger men. He referred to the case
Mr. JENIFER replied that it might be the prac- of young Stewart, of Baltimore, tried for the
tice, but he knew of no positive rule to preclude murder of his father, and after doubt and hesitathe accused from  the advantage. He thought tion on the part of the jury, was convicted of
the effect of the amendment now proposed would murder in the second degree. The young man
beto give an advantage to guilty criminals over had since died, calmly protesting his innocence;
honest men.                               and facts which have subsequently come out,
Mr. BRENT, of Baltimore city, thought the have attested the truth of that confession.
amendment a proper one, because it carried out  Messrs. MAGRAW and DIRICKsoN asked the
the benign object of our laws. He considered, yeas and nays on the amendment, which were orfrom his experience, that the closing speech to dered, and being taken, resulted as follows:
the jury added 33 per cent. to the chance of the  A.ffirnative-Messrs. Morgan, Hopewell, Buverdict. The eagerness to obtain this advantage chanan, Bell, Welch, Chandler, Ridgely, Dawas evident from the constant wrangling at the shiell, Chambers of Cecil, Miller, Spencer,
bar, to see who shall open and conclude a case, George, Dirickson, McMaster, Hearn, Fooks,
even before the court, on a law point. It ought Jacobs, Shriver, Sappington, McHenry, Magraw,
to be a main object of the State, that no man Nelson, Carter, Thawley, Gwinn, Stewart of
should be falsely convicted; and, for this purpose, Baltimore city, Brent of Baltimore city, John




193
Newcomer, Michael Newcomer, Kilgour, Ege, liable to the objection of uncertainty as to their
Shower, and Cockey-33.                     true meaning. He thought it of great imporJ'egative —Messrs. Chapman, Pres't, Blakis- tance in times of excitement, that the power
tone, Dent, Lee, Chambers of Kent, Mitchell, should be vested in the Judge to expound the
Donaldson, Dorsey, Wells, Kent, Weems, Dal- law, because his calm and deliberate judgment
rymple, Bond, Sollers, Brent of Charles, Mer- would bea shield to the innocent. He did not
rick, Jenifer, Colston, John Dennis, Williams, disturb the rule as it now prevails, but if twelve
Goldsborough, Eccleston, Phelps, McLane, men ignorant of the law were on a jury, they
Bowie, Sprigg, MpCubbin, Thomas, Gaither, ought to he instructed, so that the verdict might
Hardcastle, Presstman, Ware, Fiery, Davis, be according to the law and the evidence.
Weber, Hollyday, Slicer, and Fitzpatrick-38.  Mr. SPENCER expressed his intention to vote
So the amendment to the amendment was re- for the amendment, because, in some parts of the
jected.                                     State, it was doubted whether the juries are tD
Mr. BRENT, of Baltimore city, moved to amend be judges of the law as well as the fact. He
the amendment, by adding at the end thereof, would go still further, and he intended to submit
the following::an amendment providing that the prisoner shall
"And in all criminal trials, the jury shall de- be entitled to have the law expounded to him
cide the law, as well as the facts in evidence, and before his counsel closes his defence. At prethe truth shall always be admissible in evi- sent, the exposition of the law is not mad  by
dence."                                  -the court until the counsel for the defence has
Some conversation followed, after which the closed. t was not so, when he acted as a depuamendmenhtwas again read.                   p       ty of the Attorney General.  the court then exMr. SPENCER moved to amend said amend- pounded the law, and the counsel for the defence
ment, by adding the following:             [ closed afterwards. Now a different practice had
grown up. T1he court gave the instructions after
"Ad.to have all questions of law, arising in the counsel for the accused had closed his dethe course of his trial, explained by the court be- fe
fore his defence shall be stated by his counsel."  r.    said, that such  as ot theprc— M r. Djonsr. said, that such was not the pracMr. BRENT, of Baltimore city, accepted this tice in his district.
amendment as a modification of his own.       Mr. SPENCER said, it was the practice in his
Mr. BRENT rose to say, in justification of his district, and he wished to have the principle
amendment, that there was a difference of opin- fixed.
ion on the Bench in reference to this matter.  Mr. BRENT accepted the proposition of the
Some of the judges now carry out the spirit of this gentleman from Queen Anne's, as a modification
proposition; but there are others, who doubt the of his amendment. He intended that the counright of the jury to be judges of the law. Such sel for the prisoner should have a right to ask
was the rule in the Courts of the District of Col- the advice of the court. He wished to see the
umbia. It was notin the old bill of rights; and largest liberty given to persons brought up for
many gentleman thought it would be a great im- trial, and that the jury should decide both the
provement. He had, therefore, submitted the law and the fact. His colleague had referred to
amendment.                                  Mr. Pinckney, as the originator of the jury.
Mr. CHAMBERS was not acquainted with the The practice began on the other side of the wapractice elsewhere. But, if the amendment were ter. Previous to the days of Erskine, it was
adopted, he thought it would operate against the otherwise, but through his efforts aided by others,
accused in his district.  If the counsel for a the present practice was established. It began
criminal thinks it desirable, he may send the law  to be fully discussed, he believed, with the case
to the jury, on an instruction from the court. He of Buchnel. There could be no difficulty in inthought also, that the amendment might produce serting a declaratory article on the subject in the
some difficulty in practice.  The prisoner's bill of rights. His proposition was simple and
counsel could now ask instructions as to the law  plain. He referred to the trial of the Rev. Mr.
for the government of the jury; or the court, as Breckenridge, on a charge of libel. One of the
he himself had done, might gratuitously inter- Judges insisted that the truth should not be adpose his opinion that the law is against the prose- mnitted in evidence, but he was overruled by the
cutor, and dismiss the case.                other two judges associated with him-this
Mr. PRESSTMAN could not give his assent to therefore, showed that there was judicial doubt,
the amendment, especially was he opposed to whether the truth could be admitted in cases of lisome parts of it. He thought that the doctrine bel, and therefore be proposed to settle this
that the jury should decide as to the law, as well doubt.
as the facts-if it had not been long settled in  Mr. PRESSTMAN offered the following amendMaryland, ought not to prevail. Such a practice ment which he asked his colleague, (Mr. Brent.)
would never have found its way here, but for to accept as a modification of his amendment.
the transcendent abilities of that distinguished  Insert between the amendment offered by Mr.
man, Wm. Pinckney. But as the rule has been BRENT of Baltimore city, and the amendment
so long in operation, he did not desire to disturb offered by Mr. SPENCER, and accepted by Mr.
it. What are the facts which ought to go before BRENT, the following:
the jury, as proper evidence, is for the court to  "And that the court may determine what is
determine. He objected to the words "facts in evidence proper to go before the jury."
evidence," in the amendment of his colleague, as  Mr. B3RENT accepted the modifications.
25




194
Mr. CHAMBERS desired to say one word, in or- district, said that the practice in his, (Mr. S.'s,
der that he might not be misunderstood. The district, was different. He declared the fact to
present proposition was likely to be troublesome. be, that the right of the jury to pass upon the
He differed in opinion with the gentleman from  law as well as upon the first, had become almost
Baltimore. fiuchnel was imprisoned because he universal; and he desired that the question should
rendered a verdict contrary to the law as laid be settled finally throughout the State.
down by the judge. He stated that the practice  Mr. RmDGELY said, that as a rule of practice for
of the courts now was introduced partly for the the courts, the theory of the gentleman from
purpose of preventing the frequent altercations Queen Anne, (Mr. Spencer,) was undoubtedly
which formerly took place between the counsel good. But the question for the Convention to
and the court. He set forth the changes which determine, was whether the bill of rights ought
had taken place in the manner of conducting to be loaded down with matters belonging to the
criminal cases, and the contradictory opinions practice of the courts. With perfect respect,
which had been entertained of the effect of these therefore, to the gentleman from Queen Anne's,
changes. Hefeltno particular earnestness about (Mr. Spencer,) he, (Mr. R.) would move that
the amendment, but hethought it was likely to amendment be laid upon the table.
lead to difficulty, without a probability of much  The PRESIDENT stated that the motion of the
benefit.                                    gentleman from Baltimore county,(Mr. Ridgely,)
Mr. SPENCER gave his recollection of the if it prevailed, would carry the whole report
course pursued by the court in the case of Buch- with it.
nel, and expressed his belief that the amendment  Mr. RIDGELY thereupon withdrew his motion
would be beneficial.                        to lay upon the table, and substituted a demand
Mr. BRENT said, he had, in company with a for the previous question.
friend, been searching the library, but had not  And the question having been taken, there was
been able to find any report of Buchnel's case.  a second; and the main question was ordered to
The question was then stated to be on the be now taken.
amendment of Mr. BRENT, as modified.          Mr. SPENCER asked the yeas and nays on his
Messrs. BRENT and SPENCEP. asked the yeas amendment, which were ordered, and being taken
and nays, which were ordered.               were as follows:
Mr. MEaRRICK said he thought that amend    7.ffirmative-Messrs. Colston, Miller, McLane,
ments of this description were more apt to incum- Spencer, George, Shrive, Sappington, Nelson
ber the bill of rights, than to accomplish any Carer, Thaley, Gwinn, Brent of Baltimore
good   We had moved along for many years with  city, John Newcomer, Weber, Hollyday, Slicer,
the bill of rights as it stood. No evil had been Ee, Shower and Cockey-19.
wrought, or injustice done, and he thought it  J'atie-Messr Chapman, President, Morwould be wise and prudent tolet very well alone. gan, ent, Hopewell, Lee, Chambers of Kent,
He preferred that the law should stand as it was,  onaldson, Dorsey, Wells, Weems, Dalymple
and he hoped the Convention would so deter- Bond, Brent of Charles, Merrick, Jenifer, Buchfmlhlnme. l,.,he  _n  w       anan, Bell, Welch, Chandler, Ridgely, John
The question on the amendment was then   Dennis, Dashiell, Williams, Hicks,Goldsborough,
taken, and resulted as follows:             Eccleston, Phelps, Sprigg, McCubbin, McMas-.Jffirlmative-Messrs. Welch, Colston, Miller, ter, Jacobs, Thomas, Gaither, Stewart of BaltiMcLane, Spencer, George, Fooks, Thomas, more city, Presstman and Michael Newcomer
Shriver, Gaither, Sappington, McHenry, Ma- -36.
graw, Nelson, Carter, Thawley, Gwinn, Brent of  So the amendment was rejected.
Baltirore city, Presstman, Ware, Fiery, Michael  The question was then taken on the nineteenth
Newcomer, Weber, Hollyday, Slicer, Fitzpat-article, and it was adopted.
rick, Ege, Shower and Cockey-29.              The twentieth article of the report, was read.Ngative —Messrs. Chapman, President, Mor- as follows:
Zan, Blakistone, Dent, Hopewell, Lee, Charnbers of Kent, Mitchelll,Donaldson, Dorsey    iat. 20. That no man ought to be compelled to
ells, ent, Weems, Darymple, Bon,  Sllers  give evidence against himself in a court of comBrenllt of Charles, Merrickl, Jenifer Buch anan, mon law, or in any other court, but in such cases
Bret of Chandler, Ridgely, John  enis, Dashiean, ashave been usually practised in this State, or
Bell, Chandler, Ridgely, John Dennis, Dashtell,
Williams, Goldsborough, Phelps, Bowie, Sprifg, may hereafter be directed by the Legislature.'MicCubbin, McMaster. Hearn, Jacobs, Stewat   No amendment having been offered, the said
of Baltimore city, John Newcomer, Davis and article was adopted.
Kilgour-38.                                   The twenty-first article of the report was read
as follows:
S o  d the  amend.ent was rejert. 21. That no fieeman ought to be taken or
Mr. SPENCEO moved to amend the said nine- imprisoned, or disseized of his freehold, liberteenth article, by adding at the end thereof, the ties or privileges, or outlawed, or exiled, or in
following:                                  any manner destroyed, or deprived of his life,
"And to have all questions of law arising in the liberty or property, but by the judgment of his
course of his trial explained by the court, before peers, or by the law of the land.
his defence shall be stated by his counsel."  Mr. BRENT, of Baltimore city, moved to amend
Mr. SPENCER, referring to the practice as it the article by striking out the word "freeman,"
had been stated by Mr. DORSEY, to exist in his and inserting the word "citizen."




195
Mr. BRENT said, the Convention was making a for the Legislature, so long as these persons
bill of rights for the citizens of Maryland, and a peaceably remain in the enjoyment of the rights
contingency might arise, in which it might be which the laws guarantee to them.  But he
necessary to banish a certain portion of our would give the Legislature power, in case of nepopulation. This amendment would meet the cessity, to banish them. Heregarded this popucase.                                     lation as an incubus on the prosperity of the
Mr. PRESSTMAN hoped the amendment would State.
not be adopted. There may be white persons   Mr. GWINN referred to cases in which the
resident in Maryland, who are not entitled to power had been exercised.
citizenship. His colleague had stated his object  Mr. BRENT modified his amendment so as to
to be to leave it in the power of the Legislature, read as follows:
to banish colored persons, if ever a state of things " Nothing in this article of the bill of rights to
should arise which would render it expedient to apply to the free colored population of this State.",do so. But there may be white freemen, as well  Mr. BLAKISTONE made some remarks against
as colored, and they ought not to be placed in the amendment, the sketch of which is reserved
a position in which their right to remain in the for publication in a future number.
State, should be made to depend on the will of  Mr. DORSEY said, he acquiesced in the expothe Legislature. He hoped the amendment would sition given to this article by the gentleman from
not pass.                                 Baltimore. He did not accord with the view 6f
Mr. BRENT said he must adhere to his amend- the.other gentleman from Baltimore, as to meanment. His colleague seemed to think that the ing of the words "the law of the land." If law
rights of white freemen, who are not citizens, of the land meant any act of assembly that
who are not freemen, might be affected by the might be passed by the legislature, this article o[
amendment. They are protected by the con- the bill of rights, would give to us none of the
mon law. This House is engaged in making a protection for which it was designed.
bill of rights, not for sojourners, but for citizens  Mr. GINN asked whether, if the colored peoof the State. The new  census exhibits the ple became turbulent, thelegislature had not the
alarming fact, that while the number of slaves power to banish them?
has diminished, that of the free colored persons  Mr. DORSEY replied, that if the gentleman
has increased. He didnot ask for any affirma- from Baltimore merely asked his private opintive action, but a time may come, when it will ion, he should say that the legislature had no
be necessary for our tranquility and security, to such power under the Constitution. If the legisbanish these persons; while the bill of rights, as lature has a right to pass such law as to negroes
it stands, prohibits the Legislature from exiling it has an equal power to pass a similar law as
these colored persons who are free.        to the white residents. It had the same right in
Mr. GiINN said the freedom and security of the one case as in the other. If it be expedient
all the people of the State, were secured by the to give the power to the legislature, to carry out
billof rights. Should a time arrive when itwill in the case supposed by the gentleman from
be thought expedient to banish this class of per- Baltimore city, (Mr. Brent,) then the amendsons, the Legislature has the power to do it.  mcnt now proposed by him is a proper one. He
Mr. BRENT thought the Legislature had not had no fear that the legislature would not make
the power.                                 proper laws, and he would willingly leave the
Mr. GwINN suggested that the Legislature power with that body to make such laws as
might reach this class of persons. He had no might be called for, but he would not give the
fear that the increase of the colored population power to banish freemen. He believed the legwould be such as to give reasonable ground for islature had the power to regulate these people,
alarm, but if it should, the Legislature would but it had never, to any extent,been exercised.
have the power to check it without this amend- He did not see that this amendment would in any
ment.                                      way authorize lawless bands of men,to violate the
Mr. JENIFER agreed that a time might possibly rights of our colored population, as had been staarrive when the State would have to send away ted,would be the consequence of this amendment.
this class of our population, but as the power is They are entitled to protection, and they will be
already vested in the Legislature to do this, he protected. It gives no power to kidnappers which
would not be willing to make a more stringent they do not already possess, and if they attempt
provision.                                 to violate the rights of colored people, they are
Mr. BRENT contended that the Legislature liable to punishment now, justas they will be if
could not exile any citizen, unless judgment had the amendment is adopted.
previously been obtained against him. The bill  Mr. GWINN referred to the alien and sedition
of rights made no distinction between free color- laws, and to the discussion which formerly took
ed people and white citizens unless it is amended. place here, and asked if aliens could be banished
He disdained any intention to inflict cruelty on by the United States.
these harmless people. But he believed a time  Mr. DoRSEY replied, by asking, if the Constiwould come, when there will be a death struggle tutior of the United States gave Congress the
between the castes. The effect of the abolition power to banish aliens? If not, there was no
movement on our slave population, may be their analogy between the cases.
banishment. He would not tie-up the hands of  Mr. GwINN said:
the Legislature so as to prevent them from acting  That he could not support the proposed amendin case of necessity. No new power is desired ment. As the article now stands, no freeman




196
can be taken or imprisoned, or deprived of his State to preserve itself, and is no novelty in docfreehold, liberties or privileges, or out-lawed, or trine. It does not consist only in the making and
exiled, or be deprived of his life, liberty or prop- enforcement of general laws, nor are its processerty, but by the judgment of his peers, or by the es limited, to the arraignment or conviction of
law ofthe land. And it is proposed to add to individual offenders. Whenever classes, sects,
these words, the limitation that the article should or races grow  up in a commonwealth, whose
not be considered as applying to the free colored habits of life, or practices endanger the general
population of the State.                   interest and prosperity, the Legislature in virtue
It is said that this is proper, because an occa- oF its supreme power in the State, ought to, and
sion may arise for sending this people beyond our can by the formality of law, and the use of the
limits, and that it is wisest to provide for such a civil power, regulate their conduct, limit their
contingency. If this be the only reason, the ad- privileges, and provide for their gradual removal.
dition is unnecessary. Under the old Constitu- There are in history many such instances of the
tion there seems to have been no difference in exercise of power. Most have been tyrannical,
the quality of citizenship between freemen of as was-the statute banishing the Jews from Engwhatever color; but in 1809 the political power land in the time of Edward I., but where the
of the State was vesled in free white male citi- right is calmly and dispassionately exercised,
zens only, and the whole subsequent history of with an eye single to the public good,-its existour legislation, demonstrates that the free color- ence and propriety cannot be questioned. A
ed population have been regarded as denizens nation is in as much, and more, danger of slow
only, who are entitled to no other privilege, or corruption than of sudden out-break; and selfdomicil, than such as the law of the State ac- preservation as imperatively demands the use of
cords. The words in the article contained in the the power of the State in seasons of apparent
bill of rights, as reported from the committee  tranquility, as in times of impending revolution.
confer no new civil powers-but provide only, that And if it should appear to any Legislature, herethey shall not be deprived of those which they after, that the free colored people of this State
have obtained, under the sanction of' the public paralyze the industry of our white population,law, by other means than the law itself shall promote discontents, or disorder among the
prescribe. And if it be adopted, one, or all of slaves,-or corrupt the springs of public moralithe class referred to, can be separated from the ty,-it will be necessary to take all steps which.
community, and sent'beyond its limits, by the may accomplish their peaceable removal. But
formal exercise of the power of the State. It is the responsibility should be assumed and borne
butthe retraction of a privilege, which was a by the Legislature. They ought not to lookto
gift only, and not the result of any compact, ex- us for a sanction. And when that period arrives,
pressed or implied; for this people bear no rela- they will owe it to themselves, while they pertion to the government, except in being' subject form tleir duty with unshrinking hands, to make
to its laws.                               the Exodus of this people a season of charity
The free colored population of the State is, in- and forbearance, which will justify the necessity
deed, already a great inconvenience, and may to themselves. That the period is not remote at
soonbecome aserious evil. This result was long which this necessity will occur, the commonest
ago foreseen, and the Legislature, with benig- observer may determine. The walks of labor
nant care, has established a colony which, among are becoming thronged. The white and black
other uses, is opened as an asylum to them. It races jostle upon our thoroughfares. And there
has been the policy of the State to encourage can be no question that the power of the State
emigration by promoting a kind relation between must be, and ought to be, ultimately used in the
ourselves and this people in order that they upholding of its white population, and in the remight feel we had their good at heart, and thus moval of the free blacks.
enter, cheerfully, into our plans. There was  But, in the mean time, since this power is unreason, no less than humanity in such a course; deniable it Is unavailing to parade it on our staand their history confirms it. Because, although tute book. While they remain, let there be no
their, presence is a disadvantage, they are not inference even that their labor and property are
with us of their own choice; and the very liber- placed without the shelter of the law. For, alty which they enjoy, or misuse, was given under though their physical power in the State is beneath
sanction of our public law.                apprehension, yet, as a class, if outlawed by our
The period is now at hand when a just regard statutes, they would become a source of perpetfor the interests of our white population will ual mischief; crowding our prisons with petty
compel us to remove a class, who compete with offenders, who seek their daily bread by thefts
them in many of the walks of labor, and yet can and violence.
have no share or interest in our:government.  Some allusion has been made in this debate to
But we owe it to ourselves to perform this task the vote given by this Convention on the article
with humanity and gentleness, and -we should withholding from the Legislature all right to alkeep around them the protection of the law, un- ter the relation between master and slave. The
til we are prepared to remove them to another cases bear no analogy. Slavery has existed in
land. Their fathers have served our fathers,-  this State, almost ever since its foundation, with
and our justice, stern as its requirement will ul- its benefits or evils, as a mode of culture, we
timately be, should be tempered with charity and have nothing to do. If it was injurious, the harm
moderation.                                recoiled in the first instance upon the proprietors
This right to remove them, is a power in the and complaint would proceed, naturally, from




19Y
him. As property, it was, under the practice of we may think proper. He objected to the amendgovernment, and by the sanction and example of ment as it was first proposed by the gentleman
our greatest and purest men, recognized as equal, from Baltimore, because it made the distinction
in degree, to any other in the State. And since too broad, and opened the way to oppression. It
it was subject to assaults from within and with- may he proper for the State to remove the colout, and might, in some season of strong excite- ored people before the danger is so imminent as
ment, be placed in sudden peril, it was not im- some have contemplated; but, until that time
proper to impose a check upon the legislative shall arrive, they ought to be protected and sucpower of the States. Slavery does not thus be- cured. Any other course would, in his opinion,
come eternal, because those who will adopt the be cruel to them, and unsafe to the white populanew Constitution, may annul it, but it was just and tion.
wise in seasons of high political excitement to  If the amendment does not place them out of
keep this element of discord out of our frequent the pale of legal protection, he would be satislegislative contests-so that fanatacism may find fied.
no foothold in the State, and that those most con-  Mr. MERRICK said, his amendment was offered
cerned shall be left to pursue that course, which with no idea of placing these people out of the
interest, wisdom and humanity may dictate for pale of the law, but merely to empower the legtheir guidance. Above all, ought we to refrain islature to make such laws in relation to them as
from any measure which will create within our the public interests might require, to leave them
own limits, a pretext even for those dangerous in the hands of the legislature.
opinions which are freely canvassed in the north-  Mr. MCLANE said, that the gentleman from
ern States?                                Charles, concurred with him as to the impropriMaryland is a border State, and is from her ety of subjecting the colored people to disabiliposition, exposed to the chiefest ills which ties. But did not this amendment put it in the
would ensue upon a disruption of the Federal power of the legislature to subject them to these
Union. Her internalharmony creates abond be- disabilities? Might it not even proceed so far as
tween the north and south, and the growth of to take from them their property? He objected
fanatical opinion within her territory, would do to p!acing them in a situation in which they
more towards the dissolution of the Union, than would be liable to this. He, therefore, wished
all the wickedness and perversity of external in- that the amendment should be modified in this
fluence could accomplish.                 respect. He thought these people ought to be reMr. MERRICK, (with a view, he said, to re- moved as soon as it can be done with propriety,
move all doubt,) offered the following amend- and that we are not bound to wait until the danment.                                      ger becomes more imminent. The gentleman
from Baltimore asked, what we owe to the prin"Provided that nothing in this article shall be ciple of abolition? Owe to abolition! Could that
so construed, as to prevent the Legislature from question be put to this Convention at this day
passing all such laws for the Government, regu- What do we owe to abolition? We owe to itthe
lation and disposition of the free colored popula- spiit of discord, the spirit of hatred, the danger
tion in this State as they may see fit.'  of disunion.
~Mr. BRENT of Baltimore city. That amend-  Mr. GWINN said, he alluded to it for the purment carries out my own view, and I accept it pose of saying, we should do nothing to strengthas a modification of my own.               en it in our own borders.
Mr. BOWIE suggested to the gentleman from  Mr. McLANE agreed asto this. But this aboCharles, (Mr. Merrick,) to substitute the word lition principle has operated on the colored peo"regulation," for the word "disposition."  pie, and he was ready to adopt any humane proMr. MERRICK thought, he said, that the word vision for their removal, although he would pro"disposition" was better. The object was to re- tect them while here.
tain the whole power (in case the necessity for  Mr. MERRICK said, that to his mind, no quesits exercise should arise,) to remove these peo- tion could be more deeply interesting to the
pie from the limits of our State, or to dispose of State than this. We had amongst us a numerthem in such manner as the public interests and ous class of persons, who, by nature, were inimisafety might require.                      cal to the great body of the people of the State.
Mr. MCMASTER desired to be informed by the We were in the same condition towards them, in
gentleman from Charles, (Mr. Merrick,) whether which other classes had been towards each other
his amendment went so far as to allow the Leg- in times gone by. We saw it written by the hand
islature to impose a tax on free negroes?  of God, that the two races could not exist in
Mr. MERRICK assented.                    harmony in the same country. The time must
Mr. McLANE asked the gentleman from Charles come when a separation, peaceably or forcibly,
to modify his amendment                   must take place. No two distinct races could,
Mr. MERRICK declined to modify the amend- or ever would, inhabit the same land, except in
ment.                                     the relative condition of master and slave-of the
Mr. MCLANE said, he was not disposed to em- ruler and the ruled. Sooner or later they must
bark to much extent in the discussion. He ac- separate, or extermination of the one or the other
knowledged thatit was a subject of delicacy and must take place. In making an organic law,
importance; at the same time, it was one on therefore, it becanme the duty of those who formwhich be had a fixed opinion. He believed that ed it, to look to futurity. It was true, that there
we had the power to deal with these people, as was no present danger of any terrible calamity,




198
arising from a proposed separation, and he hoped duty of the State to be prepared to meet the
that the wise and patriotic action of this Con- danger, into whatever form it might present itvention might afford efficient aid in effecting self.
that separation, whenever it must come, peace-  Mr. BRENT, of Baltimore city, asked whether
ably and happily to both parties. For it must it could be regarded as unchristian to protect
come, as certainly as there was a God in Hea- ourselves. Self-preservation was the first principle
ven.                                       in our nature. He looked on this as a mere
The black race could not remain here. They question of police. He had been induced to inwere multiplying too fast. The two races could troduce his amendment, because it had been said
not amalgamate, it was horrible to the soul and here that there were many abolitionists in the city
spirit of the white man even to talk of amalgama- of Baltimore. It was no such thing. The abolition. The black race, therefore, must either go tionists there are very few. His amendment onto their own original home or remain here as ly reserved to the Legislature, the power to resslaves. Whilst they were here, he would go as cue the people, if it should ever become necesfar as the gentleman from Cecil, (Mr. McLane,) sary, for the safety or tranquility of the State.
or any other gentleman, to treat them with all His colleague had'said we should do nothing to
the lenity, forbearance, and kindness which were build up abolition in other States.
consistent with their relative position, and with  Mr. GWINN contended that we had no right to
that one great object of separation which mlst do any thing to violate the rights of the colored
ultimately ensue.                           people among us, while they conduct tlemHis amendment did not contemplate impo- selves peaceably, or to strengthen the principle
sing any painful disabilities upon them-it did of abolition in this State.
not propose to place thembeyond the pale of the  Mr. BRENT replied, that we could not now, by
law. Not at all.   On the contrary, it gave any legislative provision, carry away these
them all the protection which they now enjoyed. colored people out of the State. The only -way
The only design was to leave themn subject at all was to leave them in the hands of the Legislatimes to legislative control, in any of those emer- ture. The gentleman from Cecil, thought his,
gencies which could not now be foreseen, but (Mr. B.'s) original proposition cruel, because it
which might arise in the progress of time. That takes away the rights of this class of our populathe Legislature of the State would act humanely tion, and leaves them at the mercy of a ruthless
towards them, no man could doubt. And it Legislature. It was not so.
would be unwise to tie up their hands.        Mr. MCLANrE stated that he only meant to say
The gentleman from Cecil (Mr. McLane) had that the amendment proposed to deprive them,
expressed himself willing to vote for an amend- by giving the Legislature the power to do so, of
ment which should provide only for the power the rights to which they were entitledby another
of removal. Why not also provide for the gov- article in the bill of rights.
ernment of these people whilst they were among  Mr. BRENT replied, that it only gave the Legus? The gentleman had said that the Legislature islature the power to remove them, whenever it
had the power here contemplated w ithout the shall become necessary for the safety of the State,
amendment and independent of the bill of Rights. and every consideration required that the LegisBe it so. Even if the Legislature had the power, lature should have this power for our self-preserno harm could be done by the insertion of these vation. We should at all times guard against
words. There were other gentlemen, however, the torch of the incendiary being applied to the
who had doubts as to the present existence of the magazine; and here was a class of people, which
power.'Jhe only design of the amendment was at some time, might become a moral magazine,
to leave in the hands of the Legislature of the fraught with our destruction.
State, the power hereafter to enact such laws as  The question was then taken on the amendthe public safety might require. This was its ment of Mr. BRENT, as modified by the acceptawhole scope and import.                    tion of the amendment of Mr. MERRICK, and was
The gentleman had asked whether, under this decided in the affirmative.
clause, the Legislature would not have the pow-  So the amendment, as modified, was agreed to.
erto disfranchise these people. Itwasso. That  And the Convention adjourned until to-inorwas precisely what he aimed at; because the row, at eleven o'clock.
emergency might arise when the public safety would demand that their rights and privileges should be dealt with by the Legislature.
The amendment gave that power to the Legislature, confiding in the wisdom and forbearance of
that body-and trusting that they would never         THURSDAY, February 6th, 1851.
forget the past history of the State, ror be false  he Convention met at eleven o'clock.
to the dictates of duty and humanity. It was in-  P          e           GF     H.
Prayer was made by Rev. Mr. Gnirn-FITH.
deed much more likely that that body would for-  Tejourna     s   ay    s rea 
bear too long, than that they would act too rash- porrved
ly. We could not be blind to the dangers which p
surrounded us. We could not be blind to the          PERSONAL EPLANATION.
fiendish acts of the abolitionists, nor to the bitter  Mr. CIIAMB1ES of Kent, rose to make a perseeds of discord which they were sewing between sonal explanation. A friend had informed him
the master and the slave. It was the solemn last evening, that his language reported in the




199
debates of Saturday last, had been understood in  The PRESIDENaT called for reports of commita sense, which he was not willing to have impu- tees.
ted to him, and which it was not his design to  Their being no reports,
convey. The gentleman from   Baltimore city,  Mr. RI)GELY moved that the Convention pro(Mr. Gwinn,) had been understood, in the coin- ceed to the orders of the day.
mittee room, as expressing his fixed determina-         THE BILL OF RIGHTS.
tion to make an argument in the H-louse, on the
question of popular representation. He u    ndeotion havingeen agreed to, the Constood the gentleman afterwards to have announ- vention resumed the consideration of the order of
ced his determination, on the floor of the House, the day, being the report submitted by Mr. DORto the same effect. Subsequently, when the gen- SEY, on the 11th ult., as Chairman of the comtleman united in the effort, made by other mem- mitttee on the declaration of rights.
hers to have the subject recommitted, without  The pending question was on the adoption of
discussing the merits of the general question, he the 21st article, as yesterday amended.
had thought it fair to retort this change of posi-  The question was taken, and the amendment
tion upon the gentleman, in reply to his, assault, wasadopted.
(if he might so term it,) upon him. It was to  The 22nd and 23rd articles of the bill were
this, and this alone, he designed to refer as the read and adopted as follows
"crooked and tortuous course," of the gentle-.Jrt. 22. That excessive bail ought not to be
man. The charge of the gentleman, on Satur- required, nor excessive fines imposed, nor cruel
day, and his defence, were both made in good or unusual punishment inflicted by the courts of
temper, and certainly nothing would be more law.
foreign to the fact, or more unpleasant to him,,irt. 23. That all warrants, without oath, or
than to have it supposed he designed to impute to  affirmation, to search suspected places, or to
that gentleman, any habitual evasion of duty or seize any person or property, are grievous and
responsibilty. Their relations had always been  oppressive; ahd all general warrants to search
most friendly, and had not been in the slightest suspected places, or to apprehend suspected perdegree interrupted by the little good humored  sons, without naming or describing the place, or
pass between them on Saturday, and he hoped  the person in special, are illegal and ought not to
nothing would occur to change these relations, as be granted.
he professed high respect, both for the intellec-  The24th article was read as follows
tual and honorable character of the gentlemen.
It was with regret, therefore, he had heard that  t. 24. That there ought to be no forfeiture
in the incompleteness, necessarily growing out of any part of the estate of any person for any
of the parsimonious mode ofreporting, there had crime except murder, or treason against the State,
been found room for a construction of his re- and then only on con iction and attainder.
marks, which would be as unjust to him, as to the  Mr. JENIFER moved to amend the said section,
gentleman. Of course he had resolved to cor- by striking out all after the word " crime."
rect any error on this subject, the moment it had  Mr. J. said he did not see that any case could
been suggested to him, by the kindness of a arise in the State of Maryland where a forfeiture
riend.                                      of property should take place after a criminal
r. G N said tt he w  sisie  i   execution. It would be a hard case that a famil
Mr. GWINN said that he, was satisfied with the ly already suffering the bitter results of the crimiexplanation of the gentleman from Kent. When  nal acts of its head, should be visited also with
the debate referred to was in progress, he had this additional infliction.
risen to an explanation, without attending to the  Mr. DENT offered a substitute for the said mopeculiar language in which the observations of tion, to read as follows:
the gentleman were couched. Yesterday, how-     ri   out all the  4th article o the word
ever, he had read the printed report of his     rike out all  e   4th article to the word
ever, he had read the printed report of his re-  1 "treason," in the second line, and insert in lieu
marks, and perceived that the language was ca- thereof, the following:
pable of a graver meaning than he had supposed,' That no conviction shall work corruption of
and has therefore requested a friend to call the blood, or forfeiture of estate except for.i
attention of the gentleman to the passage in ques-  Mr. JENIFE expressed his willingness to action, in order that he might explain its true mean- cept the substitute as a modification of his own
ing. He did not suppose that the gentleman ever proposition
designed any unpleasant imputation, and took it  Mr. MERRICK desired to suggest to his colfor granted that he would place it in a proper league, (Mr. Jenifer,) that it  ight possibly be
light, when he was made aware of the circum- well that he should modify his amendment. fie
stance. His ready courtesy had shown him that (r M.,) did not knoi exactly the scope of is
colleague's views. But he, (Mr. M.,) would
For himself, he could only say, that, if in the suggest, that the time might come when it not
debate of the many exciting topics which might only might be good policy, but due to justice,
arise, he encroached in any manner, however that there should be a forfeiture of property
slight, upon the feelings of any gentleman, he in case of treason. If it met the views of his
would be glad to have his attention called to the colleague, he, (Mr. M.,) thought that the object
circumstance, in order that he might accord that might be answered by simply striking out the
explanation which he should always take the words, "murder or."
privilege of requiring from others.           He could not contemplate any crime as to




200
which it was at all probable that the Leg- tion. It was not probable that any such events
islature would at any time decree a forfeiture of would happen again. Why then were we to punestate.                                    ish an innocent family for the guilt of a single
Mr. JENIFER said, that he would with pleasure individual? Upon reflection, he felt constrained
accept the suggestion of his colleague, (Mr. Mer- to adhere to his original motion to strike out all
rick.) But he, (Mr. J.) could not see any great the clause after the word "crime."
distinction between the crime of murder and that  The PRESIDENT. Does the gentleman move
of treason, so far as the principle involved in this that amendment?
amendment was concerned. His great objectwas  Mr. JENIFER. I do.
to provide that no family should be deprived of  Mr. MERRICK rose and was proceeding to adits property, by reason of crimes committed by dress the Convention-when
its head.  He would have preferred that the   Mr. CHAMBERS, of Kent, interposed, and sugwhole article should be stricken out; but was gested to him that he (Mr. M.) could attain his
willing to accept the proposition of the gentle- object, by calling for a division on the motion of
man from Charles,'(Mr. Dent.) The object was the gentleman from Charles, (Mr. Jenifer,) to
to punish the criminal, but not to punish an in- apply to the words "murder or."
nocent and unnoffending family.               Mr. MERRICe intimated his intention so to do.
Mr. DENT read thesixteenth and twenty-fourth His object, he said, was to retain in the Legislaarticles, to show that the amendment of the gen- ture the power to punish the crime of treason by
tleman from Charles, (Mr. Jenifer,) if adopted, forfeiture of estate. It was wise and prudent
would conflect with the former. If that amend- that the power should be retained in the hands of
ment should be adopted, it would be requisite to a body to which the people of the State were to
strike out the 16th article.               look for all their future well-being, to reach a
Mr. DoRSEY thought, he said, that it would crime in the only way in which it ever could be
be rather unsafe to strike out the word "treason." reached.
He was in favor of striking out the word "mur-  Some conversation followed between Messrs.
der," but thought that "treason" ought to be re- JENIFER and MERRlcK-after which
tained. During our revolutionary struggle, we  The question was taken on striking out from
found the Legislature constantly passing laws the section, the words murderor."
under which a considerable portion of the most  A   it was ageed to
valuable real estate in the State of Maryland,  So the saidwords werestricken out.
was sold-the property of tories-of those who       question then recurred and was taken on
abandoned their country in the hour of her peril, the amendment of Mr. JENIFER, and, by ayes 34,
and fled to the enemy. A crisis might arise in noes 21, the said wordswere stricken out.
the history of this country, where a similar ne-  Mr. DENT now moved to strike out the article
cessity would exist. He believed that under and insert the following substitute:
every government, treason was punished by forfeiture of property, as a matter of course.
feiture of property, as a matter of course.   "That no conviction shall work corruption of
Mr. D. explained that the conflict between the blood or forfeiture of estate."
several articles of the bill of rights, which the  The question was taken and the substitute was
gentleman from Charles, [Mr. Dent,] supposed adopted.
would exist under the amendment, would not in  The twenty-fifth article, as amended, was then
fact take place.                            read.
Mr. MERRICK said, he thought that this power  Mr. THOMAS suggested, that this article frusto punish treason by forfeiture, was a matter of trated one of the objects he had in view, in the
some importance to the goverment, and ought to vote which he had just given. He desired to
be retained. This punishment was intended to strike out all that part of the article, which foroperate, not upon the subordinate portion of the feited the estate for treason or murder. He decommunity, but upon the wealthy and powerful sired to deny to the Legislature the power to detraitor. He hadthe means of eluding the criminal care by law, that either of these crimes should
law, and it was only by an infliction of this charac- work a forfeiture of estate. If the amendment
terthat he could be reached. This power consti- of the gentleman from Charles, (Mr. Dent,) pretuted a check upon him for which no adequate vailed, his, (Mr. T.'s) object in the vote he had
substitute could be found. There was no other given, was defeated.  The conviction itself
punishment applicable to them. The crime of might not work a forfeiture; but the Legislature
treason was a high public crime, which could might provide by bill of attainder, for a forfeinot otherwise be reached.                   ture.
Mr. DENT said, he stood corrected as to the  Some explanation followed.
supposed conflict between the two articles. He  Mr. THOMAS hoped some gentleman would
found they would not conflict. He had no ob- move a reconsideration of the vote just taken.
jection to forfeiture for treason, and he then  Mr. DORSEY suggested, that the sixteenth seemodified his amendment.                    tion, accomplished the object which the gentleAfter a few words by Mr. CHAMBERS, of Kent, man from Frederick, (Mr. Thomas,) had in
and Mr. DORSEY, as to the construction to be view.
given to the article —                        Mr. THOMAS acquiesced, remarking that he
Mr. JENIFER remarked that this clause was was not here at the time the report was made,
engrafted on the Bill of Rights just at the mo- and had not, therefore, had an opportunity of
ment when we were emerging from the Revolu. examining it.




201
The question was then stated to be on the   Mr. BowlE moved to amend the article in the
twenty-fourth article, as amended.          sixth line, by striking out "two-thirds," and inMr. MCMASTER said he was opposed to the serting a majority.
amendment, because he thought that the language  Some desultory discussion followed between
of the original article was more plain and compre- Messrs. DORSEY, BOWIE, JENIFER and WEEIS,
hensive. He hoped it would not be adopted.  directed, for the most part, to the proper conThe question was taken and the article was struction to be given to the article, when
adopted.                                      Mr. BowiE withdrew his amendment.
The 25th, 26th, and 27th articles were seve-  Mr. RIDGELY moved to amend the 30th artirally read, and no amendment having been    cle, in the eleventh line, by inserting after the
offered thereto, were adopted, as follows:  word "office," the words'of public trust or emol-.rt. 25. That a well regulated militia is the umentof any kind whatever."
proper and natural defence of a free govern-  Mr. BR ENT, of Baltimore city said, that so
ment.                                       far as' such offices were concerned, the gentleman
rt^. 26. That standing armies are dangerou from Baltimore county, (Mr. Ridgely,) could
to liberty, and ought not to be raised or kept up accomplish his object by inserting in the thirtywithout consent pf the Legislature.         second article, the words,"trust or emolument."
Arft. 27. That in all cases, and at all times, the  He (Mr. B.,) would now  ropose to amend
military ought to be under strict subordination to, the section, by adding the words:
and control of the civil power.               "Nor shall any pelrson hold a commission as
The twenty-eighth aticle of the report was Judge or Chancellor, at any time after such perread as follows:                            son has qualified or acted as a member of any
read as fol_,ow~'Convention, to revise or alter the Constitution of. rt. 28. That no soldier ought to be quartered  this Statebut thereupon such commission as
in any house in time of peace, without the con- Judge or Chancellor shall be vacated."
sentof the owner, and in time of war in %uch o
ent f the  ner, and in time o  ar  Mr. RIDGELY said, that the proposition of the
anner as the  egislature shall direct      gentleman from   Baltimore city, (Mr. Brent,)
Mr. DENT said it seemed to him that there was specific in its character, and he, (Mr. R.,)
was a word wanting in this article. And he had no objection to its being added as an amendmoved to amend it by adding, after the word  ment,at te end o his aendmnct. Th latter,
manner," the word " ornly."              however, was broader, and    covered  more
The amendment was agreed to.              ground.
And the article, as amended, was adopted.   Mr. RIDGEcLY then modified his amendment,by
The 29th article of the report was read, and, striking out the word "public," and substituting
no amendment having been offered thereto, was the word'political."
adopted as follows:                          Mr. CHAMBERS, of Kent, said, that of course,.rt. 29. That no person except regular sol- the members of this Convention would make such
diers, mariners and marines, in the service of this a Constitution as they might think right; but, as
State, or militia when in actual service, ought in he had before said, the Convention should know
any case to be subject to, or punishable by niar- arnd consider well what it was doing. He refertial law.                                   red to his own position. He lived in a small
The 30th article of the report was read as fol- town, where, as was the case in all such places,
lows:                                        important gentlemen like himself were scarce.
Art. 30. That the independency and upright- (Laughter.)
ness of Judges are essential to the impartial ad-  He was overpowered with offices of public
ministration of justice, and a great security to trusts. [Mr. C. ran over the roll of them in a
the rights and liberties of the people; wherefore good-natured way.]  He was incumbered with
the Chancellor and Judges shall not be removed  offices, and his personal convenience would be
except for misbehaviour, on conviction in a court much promoted by the adoption of the amendof law, or by the Governor, upon the address of ment of the gentleman from Baltimore county,
the General Assembly; provided, that two-thirds (Mr. Ridgely.) But lle, [Mr. C.,1 thought that
of all the members of each House, concur in such  the gentleman should give a bill of particulars.
addresss; that salaries, liberal, but not profuse,  Mr. RIDGELY interposed, and said, he had subought to be secured to the Chancellor and Judges stituted the word "political," for "public."
during the continuance of their commissions,  Mr. CHAMBERS remarked, that the proposition
in such manner and at such time as the Legisla- was still indefinite.
ture shall hereafter direct upon consideration of  In regard to the amendment of the gentleman
the circumstances of this State; no Chancellor or from Baltimore city, (Mr. Brent,) he, [Mr. C.,]
Judge ought to hold any other office, civil or mili- thought that this was not the proper time to distary, under the Constitution or Laws of this State. cuss that question. The proposition opened up
or of the United States, or of any member there- the whole subject matter, just where it had been
of, or receive fees or perquisites of any kind for left a number of weeks ago. It would be better
the discharge of his official duties.       to let it pass and not to rake up matter for future
Mr. BRENT, of Baltimore city, moved to strike discussion.
out the words " ought to " and insert " shall,"  Mr. BRENT, of Baltimore city, said:
So as to make the provision, (Mr. B. said,) ex-  That in offering this amendment, he did not
pressly prohibitory.                        design to reflect injuriously on Judges in this
The amendment was agreed to.              Convention, but to be consistent with the princi26




202
pie assumed by him, in objecting to the seats of and he must necessarily neglect some one or
Judges, he must insist on his amendment.  more, in proportion as he attended to the rest.
He referred to the fact, that the report of the But he, (Mr. B.) wished to be understood as laycommittee on credentials, had expressly admit- ing down, in the Constitution, no'rule for the gented the judges to seats on this floor, because the tlemen who were here. He did not dispute their
old bill of rights did not apply in its terms, to a integrity or merits, but he wished to lay down a
Convention; and therefore, he wished to make rule of public policy, based on human experience
the new bill of rights explicit on this subject.  of the weakness of mankind, and on the average
Other gentlemen thought that we had no pow- of human character.
er to decide who should come into future Con-  Mr. CHAMBERS said the gentleman has informventions, but he was for passing the prohibition ed us what he thinks human nature can do and
now, and leaving to posterity to decide our pow- cannot. There were a great many sorts of huer to do so. It would, at least, be a declaration man nature, and he'was quite sure his human
of the moral sense of this Convention.     nature differed from the gentleman's. We have
Mr. B. then referred to the positions taken by been plainly told by the gentleman, that political
him when on the committee of credentials, (be- organization and party interests, directed the
fore a Reporter was appointed,) that a judge votes of members of this body. Hemuch regretshould be far removed from any exciting element ted to hear it. He had not allowed party influof party strife, and if possible, isolated in his ences to regulate his votes here, nor should he do
sublimity-that he should devote all his time and so. The gentleman still harps upon his old tune
energy to his judicial labors, which his oath re- about the judges, and the neglect of theirduties.
quires him to administer "without delay." If He acknowledged no higher duty than to assist
judges were in future times, to come here, they in making a Constitution, and to that duty he had
would soil the ermine of justice. Referring to this most assiduously applied himself. It was but an
Convention, through no disrespect to the judges act of justice to his brethren, who, since the first
personally, who were here, what have we seen? of December, were in session''in the supreme
We have seen judges here for weeks and months, court, to say that the business of that court had
necessarily absent from their duties in the courts, not been neglected. They had faithfully, wisely
in proportion as they were faithful here-we and usefully performed the duties of that court,
have seen them going into party caucusses.  and he believed he might say satisfactorily. The
[Here Mr. CHAMBERS inquired, if he had gone gentleman had assumed the large license of ceninto any caucus about principles of the new Con- suring, not only the judges, but the Legislature
stitution?]                                and the people of his county. He was here by
Mr. B. said, he did not mean to charge that, the authority of the Legislature-if they had any
but would the gentleman deny that he had gone authority. He was here by the selection of the
into a whig party caucus, with a view to an or- freemen of his county, and he inclined to think
ganization of the House?                  it was not a matter of very deep regret to them
If he would not deny that, itwas the same that the gentleman supposed they acted very unthing in principle, as it proved that the judge wisely in sending him here. How far this dictawas a party man.                          tion to the sovereign people-this refusal to alAgain, judicial reform, even to the uprooting low them to judge for themselves, who should reof the whole system, was one of the questions to present them, was consistent with the high-toned
decide, upon which this Convention has assem- notions of democracy, it was not for him to de.
bled. To allow   men holding high judicial cide;
places, in allfuture time, to be present acting up-  The gentleman thought the judicial ermine
on their own tenure of office, would be greatly could not escape a stain in this collision and
calculated to depreciate the office of judge. I strife-that itwas not in human nature. Now
do not mean to disfranchise judges-but let them  it was in this, he supposed, his human nature difresign their judicial commissions before they can fered from that of the gentleman. He could lay
serve in a Constitutional Convention       his hand on his bosom, and aver that his opinions
The gentleman from Kent, (Mr. Chambers,) were uninflenced by motives of interest. If he
says, there are but few important men in his could not, he would not be here. Why what
county._ [Here Mr. Chambers interposed and said is there in the paltry salary of a Judge of your
in his towiv.] But few important men in his town, Supreme Court, compared with his labors, to
and therefore, he says, that he is overburdened make him so earnest in holding on to it? He
with a multiplicity of small offices of various denied, in the boldest terms, that after filling the
kinds.                                     office for more than sixteen years, he was not inMr. B. was sorry to hear that important men debted to the State on a fair account, one dollar.
were so scarce in Chestertown, but the very fact  He had rendered services fully equivalent to
of the gentleman's being assessed with so many every cent and more. The same services at the
offices, proved that he could not properly attend bar, would have secured him five times the
to all. [Mr. Chambers enquired if Mr. Brent amount of pecuniary compensation.  Let the
meant to say that he had neglected his judicial debtor and creditor sides of the account be fairly
office.]                                  stated, and the balance sheet would not be against
Mr. B. replied that he had not so said, but he him. He could leave the bench to-morrow, withdid say that a man who had even that gentle- out the least apprehension of making a bad barman's dispatch for business, could not properly gain. In saying this, it was proper for him to
attend to all the various offices he had assumed, add that he felt the most profound sense of obli



203
gatidn to the State for the confidence which had those tendencies, and yet his course showed that
placed him in the various high and important he was not perhaps more free from those party
trusts to which he had been called. No one influencessthan others. Mr. B. concurred, that
knew so well as himself, how far it exceeded his party lines were out of place here, and he deploclaims, and none knew better that it was the re- red this unhappy condition of affairs. When he
suit of kind and generous feelings by many per- spoke of judges being influenced by sordid mosonalfriends whose partiality concealed his in- tives, he meant no personal application to any
firmities. For these repeated instances of con- gentleman, but he spoke rather of human nature
fidence and respect, he could never cease to as found in the aggregate, and which according
cherish the warmest return of gratitude and to all experience is generally prone to selfish and
thankfulness.                               personal considerations, and against which tendBut there is nothing in the value of a judge- encies it should be the policy of the laws to
ship to make an intelligent man a fool, or an hon- guard.
est man a knave. This was no place for party.  Mr. B. admitted, that invited by the honest
What is party-political party? The creature of Democrats of Kent, he had gone over last suma day. One man uppermost to-day, at the bot- me and addressed the peopleof one election distom to-morrow. Who could tell how long par- trit near Cook's Old ields, where Sir Peter
ties, as now arranged, were to continue? They Parker was killed. He (Mr. B.) had there hawere now in a crysalis state,andasthe gentle- rangued  against the election of the gentleman from Cecil said the other day, promising an man from  t, (Mr. Chambers,) who now
early re-oranization. He thought there could says, that the people of Kent county had turned
be no greater misconception of duty than to sup-appeals. But Iwill as that
a deaf. ear to my appeals. But I will as k that
pose we arehere to promote any political party. gentleman if he was not greatly disappointed
As to the influence of'office, he was not quite when the returns from that election district came
sure, whether after a full and fair estimate, itin, showing the loss of ome fifty or sixty votes
in, showinug the  loss of some fiyet, saiy Mo te
wouldbe found to operate more strongly n some which the gentleman calculated on-a result
half dozen who held the offices, and wished to  hich he (Mr. B.) did not claim as caused by
retain them, or on five times that number who hisa appeal or that of another gentleman who
desired to put out the incumbents to put them- spoke, but rather by the good sense of the people.
selves in.
Mr. BRENT, of Baltimore city, stated that he  It did not, however, look much like turning a
was surprised at the gentleman from Kent (Mr.deaf ear when the gentleman (Mr. Chambers)
Chambers) speaking of some cause outside "mof t with his commanding talents and high personal
f this  character, was only elected by some seven votes
House if not in it, for his (Mr. B's.) course.   te   as ol        d    soe se      es
Here Mr. CHAMBERS interposed, and disclaimed   a county whichgenerally gives from one hunin a county which gen erally gives frtom one hunany such meaning, as his relations with Mr. dred and fifty to two hundred Whig majority.
BRENT had always been friendly-to which he' The gentleman from  Kent has said that he is
(Mr.T B) assentedo                          here and holds his seat by authority of the people
Mir. B. said, he admited that the gentlman and the Legislature. [Mr. Chambers explained
from  Kent had fully and honestly earnem his ad i sad  " y authority of the Legislature if it
salary since he had been upon the benh, but, said                            r. B  the
could this be said of all judges? He did not ques- getleman early n the session emphatically detion their honesty, but had all judges in thislature had an authority to
State,; been able to earn their salaries?  He call a Convention, or that the people could ever
should think not. But the gentleman from Kent ge ny validity to the new Constitution b
says he has nelected no dutybycom      her  adopting it at the ballot box in June next. Acand the Courts were ith     a    cording to the gentleman's notions the new Conas if this Convention were i n  g   Now I     t      wu         nulity until the exist
stitution would be a nullityuntil the existing
I   State authorities should choose to acquiesce in
have it on respectable authority, that the Court tate authorities should choose to acquiesce in
of Appeals sitting over our heads, has been the new Constitution.
sometimes compelled to adjourn for want of a  If the new Constitution should disqualify judges
quorum, while we have been'sitting here.  sitting in future Conventions, it would certainWhen he spoke of caucus, he had referred to ly bind the Legislature not to pass any act to
one for party organization of the House. But qualify them.
the gentleman from Kent had come here on a   In pursuing the course he had done he was
party organization, and had voted in this Con- not actuated by hostility towards the judges,
vention, side by side, with the party column to and he claimed no other judgment for his acts
which he was attached. He might not suppose but that he had acted from a conscientious sense
he was as much touched with party here as other of duty —even against all the motives of human
men, but he was never found voting with the interest which would have restrained him in his
political party to which'he (Mr. B.) belonged, course.
What right has a judge, to know party in any  Mr. SPENCER here made a suggestion as to the
shape, while he holds his commission?  And propriety of passing this article by informally. It
what has a judge to do with party operations? would more properly come up, when the judicial
If the gentleman from Kent went into a party report was under consideration; and he had been
caucus, he knows something of party, and is ex- given to understand that that report was ready.
posed to party taint. That gentleman had spoken  Mr. BRENT thought the subject was in its proof party tendencies here, and had lectured us for per place.




204
Mr. MErtRICK said he thought this was the other offices, to the people; and yet now the genplace to discuss it.                       tieman proposed to forbid the people exercising
Mr. RIDGELY said that when he had offered the very power which he was so anxious to give
the amendment which had given rise to this (le- to them. It seemed like "keeping the word of
bate, he intended it to have a general, not a spe- promise to the ear, and breaking it to the hope."
cial application. He supposed that it was con-  Mr. BRENT replied to the suggestion, as to
ceded on all hands, that thejudicial officers should making the amendment general, that the article
be kept distinct from all other officers. He had  which he proposed to amend related to no other
not anticipated the opposition which had risen up subject matter than that of judges.
to his proposition. It had been doubted by some,  Mr. JENIFER indicated his intention to go
whether a judge ought to have a seat in this Con- against the proposition.
vention. His object was to prevent a judge from  Mr. THOMAS said, he took no pleasure in disholding any political trust or employment; that it cussions of this character, and would not particimay be distinctly understood hereafter, that no pate if he was at liberty to avoid voting. But,
person sitting as a judge, should be a member of as he must vote, and intended to vote against the
any political body. He thought his object could  proposition of the gentleman from Baltimore city,
not be misunderstood.                      he felt constrained to say a few words, that his
Mr. CHAMBERS said he had no objection.   reasons for that vote might not be misunderThe question was then taken on the amend- stood. By a silent vote against that amendment,
ment of Mr. RIDGELY, and it was rejected.  he might leave room to have it supposed, that he
The question then recurred on the amendment did not feel the force of what had been said, as
of Mr. BRENT, of Baltimore city.           to the inconvenience parties to appeals, before the
Mr. MCMASTER moved that the amendment be Supreme Court of the State, might experience
laid on the table.                         by the absence of two of the judges of that Court,
The PRESIDENT said, that that motion, if it in attendance as members of this Convention.
should be insisted on, and should prevail, would  He would say that there was much force in what
carry with it the whole report of the committee had been said on that subject. But in saying
on the bill of rights.                     this, he desired to disclaim all wish to make the
Mr. MCMASTER thereupon withdrew his mo- attendance here, of two gentlemen who were
tion.                                      distinguished by a long career of useful public
Mr. BRENT asked the yeas and nays on his service, in any degree unpleasant. They were
amendment.                                 herein pursuance of the provisions of the law,
Mr. SPENCER made a few observations to the under which this Convention had assembled.
effect, that he held the people to be supreme. If That law authorized the judges to take seats as
a majority of the Convention intend to say the members of this Convention. The law had been
people shall not change the Constitution, except submitted to the people of the whole state for
in the mode here pointed out, then this amend- their sanction. A large majority of the people
ment is proper to carry out that intention; but if had accepted the law, and we were all here in
the Convention should declare that the people obedience to its privileges and requirements. Inhave theright to change the Constitution at their deed, but for the requirements of that law, Fredwill, and in their own way, that would settle the erick county would never have consented to meet
matter. He gave notice that he intended to move her sister counties in a Convention such as this,
a reconsideration of the amendment of the gen- where the people arenot fairly represented. The
tleman from Anne Arundel, (Mr. Dorsey,) and Legislature of the State had proposed to the peohe woulddo it. With such a modification,he would pie to meet in Convention, with representatives
feel himself compelled to vote against the amend- apportioned as they are under this law. The peoment of the gentleman from Baltimore, (Mr. pie had no alternatives, but submission to the
Presstman.) But, he repeated, if the doctrine is Constitution as it is, or, to meet in Convention
to be established that the people are to be bound on the conditions that the Legislature had imtoactin the mode prescribed by this Constitution, posed. The majority made choice of the last
then this proposition is right; if not, it ought to alternative, and we were all here under the law,
be rejected.                              the judges being here with as much title as other
Mr. HICKS moved an amendment to the amend- members.
ment, which was modified once or twice, and  Now the gentleman from Baltimore proposes
finally assumed the form hereafter given.  to insert in the Constitution we are to frame, a
['he Reporter cannot make the proceedings provision denying to Judges in this State hereon the amendment intelligible, as he has no after, a right to take seats in any future Convenmeans of tracing the proposition. Itappears up- tion, that may be assembled to change or abolish
on the journal only in the form which it finally this Constitution. For this, Mr. THOMAS said he
assumed. The same difficulty exists in regard could not vote. We had no power to come after
to the other propositions.]                us in this respect. Such an article in the ConThe questionr then came back to the modified stitution could have no effect. The generations
amendment of Mr. BRENT.                    of men who are to succeed us as residents of this
Mr. JENIFEIR suggested to Mr. BRENT, to in- State, will have a right to meet in Convention,
clude all offices, and expressed his surprise at the and disregard such a restriction. If we were to
speech which the gentleman had made to-day- declare in this Constitution, that the people of
seeing that that gentleman had gone as far as the Maryland should not, hereafter, meet in Convenfurthest in giving the election of judges, and all tion to abolish or change that instrument, such a




205
declaration would be a nullity. There is a well-  Mr. HICKs now moved the following modified
known destination, however, as to the power we amendment, to the amendment of Mr. BRENT:
have over the officers, we may authorize to hold  "Nor shall any member of this Convention acappointments under this Constitution, and the cept any office or appointment under the new
power we have to restrain our posterity in the ex- Constitution, for ten years after its adoption."
ercise of the right of self-government. We may  Mr. HiciKS asked the yeas and nays, which
attach conditions to the tenures of these offices. were ordered, and
We may declare that a Judge, the Attorney Gen-  After some conversation, were taken and reeral of the State, or other officer under this Con- sulted as follows:
stitution, shall not take a seat in a future Con-.Sffirmative-Messrs. Chapman, President, Morvention until he has first resigned his office. gan, Lee, Chambers of Kent, Dorsey, Wells,
And in such a provision there would not be injus- Kent, Bond, Sollers, Jenifer, Buchanan, Ridgetice or hardship. It would have the effect to put ly, John Dennis, Crisfield, Dashiell, Williams,
all members of a future Convention, on a foot- Hicks, Goldsborough, Eccleston, Phelps, Sprigg,
ing of perfect equality.                    Dirickson, McMaster, Hearn, Jacobs, Gaither,
For an article in the Constitution having for its Fiery, John Newcomer, Michael Newcomer,
object such an end, he could consistently vote. Davis, Shower and Cockey-32.
He could readily see that the public interest  Negative-Messrs. Dent, Mitchell, Donaldson,
might require the constant attention of high offi- Weems, Dalrymple, Brent of Charles, Merrick,
cers, such as Judges of our Supreme Court, and Bell, Welch, Sherwood ofTalbot, Colston, Chamthe Attorney General of the State. He did not bers of Cecil, McCullough, Miller, McLane,
object to such functionaries being here, however, Bowie, Spencer, Thomas, Shriver, Biser, Sapon the ground that they might be interested in pington, Stephenson, McHenry, Magraw, Neldefeating changes in the form of the government. son, Carter, Thawley, Hardcastle, Gwinn, StewHe would not suppose that any one could be artof Baltimore city, Brent of Baltimore city,
elected as a member of a body of this character, Presstman, Ware, Kilgour, Anderson, Weber,
who would be intent upon the promotion of his Hollyday, Slicer and Ege-39.
personal interests only. And agreed with the  So the amendment to the amendment was regentleman from Kent, (Mr. Chambers,) in sup- jected.
posing that aspirations for offices, had full as  The question then recurred upon the amendmuch influence on the conduct of men as the dis- merit as offered by Mr. BRENT, of Baltimore
position to retain offices already held. Believing city.
this, he (Mr. T.) was not very unwillingto leave  Mr. THOMAS moved to amend said amendment
the people of the State at perfect liberty to send by inserting after the word "Chancellor," the
to any future Convention, officers who held corn- following:
missions under the Constitution which was to be  "Attorney General or of any other civil officer
changed. Still he would vote with the gentle- under the Constitution of this State."
man from Baltimore city, if he would modify his  Which amendment was accepted by Mr.
amendment so as to make it a limitation on the BRENT of Baltimore city.
tenures of offices we were about to establish.  Mr. PARKE was excused from  voting, having
But he could not vote to incorporate any article paired off for a limited time, (not yet expired,)
in the Constitution that had for its object a limi- with Mr. RICAUD.
tation on the power of the people, to change, al-  The question then recurred on the modified
ter or abolish their form of government whenever amendment of Mr. BRENT.
they may think proper to do so, to promote their  Messrs. BUHANAN and HICKs asked the yeas
safety and happiness.                       and nays;
Mr. CHAMBERS rose merely to remove the im-  Which were ordered.
pression which might otherwise be produced, if  Mr. THOMAS said:
no other reasons were assigned, for those who  He had not given-he did not propose to assign
voted for the amendment, except those assigned any reasons in support of the opinions he had
by the gentleman from Frederick, (Mr. Thomas,) expressed, as to our entire want of power to limit
and others who preceded him.                or restrain the people of Maryland, who are to
He differed altogether from some of the pro- succeed us, in the exercise of that inalienable
position of the gentleman from Frederick, and, right that exists in all political communities, to
at a proper time, would repeat and enforce form for themselves a government. He did not
his own opinions in relation to them. He was an desire to discuss a proposition so universally adhumble advocate of the doctrine that^the Consti- mitted to be true in this country. He referred
tution could bind the whole community. His ob- to an incident in the Virginia Constitutional
ject was to excuse himself and his friends from  Convention of 1829, to show the opinion enterany erroneous inference. There were two sides tained on that subject by distinguished members
to these questions. He did not wish to allow  of that body, then present.
judgment by dejfult to be entered against him.  At the close of that Convention, one of the
After some desultory proceedings,         members proposed to insert an article in their
Mr. BRENT, accepting the suggestion of Mr. Constitution, giving power to the people of VirTHOMnAS, modified his amendment by adding af- ginia to meet by their delegates, in a future Conter the word "Chancellor" the following:    vention. Mr. John Randolph opposed and ridi"Attorney General, or of any other civil officer culed the proposition, saying that the majority
under the Constitution of this State."      of the people would have that right, without such




206
an article, and could not be deprived of that  So the amendment to the amendment was reright, by an article in the Constitution expressly jected.
forbidding them to exercise such a power. He  The question then recurred and was taken on
said that article in the Constitution, declaring the modified amendment of Mr. BRENT, of Baltithat that Constitution should be perpetual, would more city, and resulted as follows:
be of no more binding force on the people of Vir-  Affirmative-Messrs. Sellman, Welch, Ridgely,
ginia, than the concluding words often found in Sherwood of Talbot, Colston, Chambers of Cecil,
a treaty of peace, when it was declared that the McCullough, Miller, McLane, Bowie, Spencer,
articles of the treaty should be a perpetual George, Thomas, Shriver, Biser, Sappington,
league and covenant, between the high contract- Stephenson, Magraw, Nelson, Carter, Thawley,
ing parties. And that every man knew, that not- Hardcastle, Gwinn, Stewart of Baltimore city,
withstanding this "perpetual league and cove- Brent of Baltimore city, Presstman, Ware, Fiery,
nant," the "high contracting parties" were often John Newcomer, Michael Newcomer, Anderson,
at war again in a very short time after such trea- Hollyday, Slicer, Ege, Shower, and Cockey-36.
ties had been signed, without being charged even  YAregative-Messrs. Chapman, President, Morwith any breach of moral obligations; and why gan, Dent, Lee, Chambers of Kent, Mitchell,
is this true?                              Donaldson, Dorsey, Wells, Kent, Weems, DalBecause, Mr. President, every community has rymple, Bond, Sollers, Brent of Charles, Meran inalienable right to seek. its own safety and rick, Jenifer, Buchanan, Bell, John Dennis, Crishappiness.                                  field, Dashiell, Williams, Hicks, Goldsborough,
In these opinions ofMr. Randolph, Mr. THOMAS Eccleston, Phelps, Sprigg, Dirickson, McMaster,
said the Convention of Virginia with great unan- Hearn, Jacobs, Gaither, McHenry, Davis, Kilimity concurred. Chief Justice Marshall, Mr. gour, and Weber-37.
Madison, Mr. Giles, Watkins Lee, Mr. Mercer,  So the amendment was rejected.
and numerous other distinguished men being    And the article was adopted.
present. The article authorising the people to  The thirty-first article was then read and
meet in Convention was rejected, notwithstand- adopted as follows:
ing which, the people of Virginia by their dele-  Jlrt. 31. That a long continuance in the first
gates are now in Convention assembled to change executive  departments of power or trust, is
or abolish their Constitution.              dangerous to liberty; a rotation, therefore, in
Mr. CHAMBERS inquired of Mr. THOMAS wheth- those departments is one of the best securities of
er, if by virtue of the supreme power of the peo- permanent freedom.
ple, a law, which had been unconstitutionally  The thirty-second article was read as follows:
passed by the Legislature, had been made valid  J/rt. 32. That no person ought to hold at the
by the acquiescence of the people,and their subse- same time more than one office of profit, created
quent action under it, it might not again occur, by the Constitution or Laws of this State; nor
that the Legislature might pass an act, calling a ought any person in public trust to receive any
Convention, and provide therein that these ofi- present from any Foreign Prince, or State, or
cers should be eligible to seats there, which by from the United States, or any of them, without
the acquiescence of the people might also be the approbation of this State.
rendered valid?                               Mr. PARKE moved to amend by inserting after
Mr. THoMAs replied that at a proper time he the word "that" in the second line, the followwould discuss that point. He, was ready.    ing:
Some desultory conversation followed-after  "Except as allowed elsewhere in this Constiwhich,                                      tution."
Mr. JENIFER moved to amend the amendment,   The amendment was rejected.
by adding the words "or practising lawyers."  And the article was adopted.
Mr. BRENT, of Baltimore city, asked the yeas  The thirty-third article was read as follows:
and nays, which were ordered, and being taken,  Jrft. 33. That as it is the duty of every man
were as follows:                            to worship God in such manner as he thinks
/ifflmative.-Messrs. Dent, Lee, Chambers of most -acceptable to him, all persons are equally
Kent, Mitchell, Wells, Kent, Bond, Brent of entitled to protection in their religious liberty;
Charles, Merrick, Jenifer, Buchanan, Bell, Ridge- wherefore, no person ought by any law to be
ly, John  Dennis, Crisfield, Williams, Hicks, molested in his person or estate, on account of
Goldsborough, Eccleston, Phelps, Jacobs, Gaith- his religious persuasion or profession, or for his
er, Stephenson, Hardcastle, Fiery, Michael New- religious practice, unless under color of religion,
comer, Davis, Weber, and Slicer-29.         any man shall disturb the good order, peace, or
JNegative.-Messrs. Chapman, President, Mor- safety of the State, or shall infringe the laws of
gan, Donaldson, Dorsey, Sellman, Weems, Dal- morality, or injure others in their natural, civil
rymple, Sollers, Welch, Sherwood of Talbot, or religious rights; nor ought any person to be
Colston, Dashiell, Chambers of Cecil, McCul- compelled to frequent or maintain or contribute,
lough, Miller, McLane, Bowie, Sprigg, Spencer, unless on contract to maintain any place of
George, Dirickson, McMaster, Hearn, Thomas, worship or any ministry.
Shriver, Biser, Sappington, McHenry, Magraw,  Mr. RlDGE:LY moved to amend the said artiNelson, Carter, Thawley, Gwinn, Stewart of Bal- cle, by inserting after the word "estate," in the
timore city, Brent of Baltimore city, Presstman, fourthline, the following:
Ware, John Newcomer, Kilgour, Anderson,       "Or suffer any civil or political incapacity."
Hollyday, Ege, Shower, and Cockey-44.         Mr. RIDGELY explained his object. A fuller




207
explanation, made on the following day, will in all meetings of Stockholders, and perform such
appear in the proceedings of that day.      other duties as may be prescribed by law.
Mr. WEEMS dissented from the views of Mr. 4 Which was read, and
RIDGELY.   It was not required that persons, On motion of Mr. JENIFER,
should believe in the Christian Religion, but he  Ordered to be-printed and made the order of
thought that every individual should be required the day for to-morrow, the 8th inst.
to declare his belief in a future state of rewards  Mr. TUCE rose to make an enquiry as to the
and punishments, and that, if they would not.do motion which the gentleman, (Mr. Jenifer,) had
so, they should not be allowed to testify.  made for the disposition of the report.
After a few remarks from Messrs. DONALDSON  The PRESIDEnT explained, that the report, in
and RIDGELY,                                parliamentary phrase, had been made the order
The Convention adjourned until to-morrow at of the day, for to-morrow; that was to say, it
eleven o'clock.                             would take its place in the order of business on
the calendar, and would come up when previous
orders had been disposed of.
THE HALL.
Mr. BilSER offered the following order.
"Ordered, That a committee of three be appointed to make such suitable arrangements of
FRIDAY, February 7th, 1851.  the seats in the South-west section of the House,
as would better promote the convenience and
The Convention met at eleven o'clock.     comfort of the members occupying them."
Prayer by the Rev. Mr. GRIFFITH.           Mr. SOLLERS offered an amendment, including
The journal of yesterday was read and ap- in the Order, the part of the Hall in which he was
proved.                                     seated.
Mr. BIsER enquired of the chair, whether it  Some difference of opinion as to the points of
was in order to offer a resolution.         the compass, led to some amusing attempts to
The PEsIDENT said it would be in order if box it, after which
there were no reports from committees.        Mr. SOLLERS withdrew his amendment,'Mr. JENIFER, chairman of committee No. 14,  And the order of Mr. BISER was adopted.
submitted the following                       Thereupon, Messrs. BISER, TUCK and MCLANE
were appointed the committee.
REPORT.
MR. BROWN, OF CARROLL.
Article 1. There shall be a Board of Public  Mr. CocIrEY offered the following order, which
Works, consisting of three commissioners, who was adopted:
shall be elected as herein provided, and to re-  Ordered, That it be entered upon the Journal,
ceive a salary to be fixed by law, but not liable that Mr. BROWN is detained from his seat in this
to be increased or diminished during their con- Convention, by indisposition.
tinuance in office..lrt. 2. At the first general election of Dele             THE HALL.
gates to the General Assembly, after the adop-  Mr, BRENT, of Baltimore city, presented the
tion of this Constitution, these commissioners, as account of Messrs. Haywood, Bartlett & Co., for
aforesaid, one from the Eastern Shore, and two repairs and alterations made to the furnace, under
from the Western Shore, shall be elected by the the order of the Convention.
qualified voters of the State, (the returns of which  Which was read and referred to the commitelection shall be made and certified to the Gov- tee on accounts.
ernor,) one of whom shall hold his office for  Mr. RANDALL offered the following order:
years, from the first Monday in the month of  Ordered, That the committee on Printing preNovember ensuing his election, one for      pare, for the use of this Convention, a synopsis
years, and one for    years, from the same of the relative increase or dimunition of the
period; and at their first meeting, or as soon there- slaves and free colored population of this State,
after as practicable, they shall determine, by lot, as far as convenient from the various census.
which of their number shall hold his office for  Mr. R. explained that the enquiry contemplayears respectively, and thereafter there ted by the order, was a very important one, and
shall be elected, as aforesaid, at each general that the cost would be no more than the printing
election of Delegates, one commissioner for the of one page of the journal, and an hour or two's
term of     years, to be taken in the proportion labor on the part of the clerk of the committee
aforesaid from the Eastern and Western Shores, on printing.
and in case of a vacancy in the office of either of  The order was adopted.
the commissioners by death, resignation or other-  The PRESIDENT laid before the Convention the
wise, the Governor, by and with the advice and following communication from Jos. C. G. Kenconsent of the Senate, shall fill the same until the nedy, Esq., Superintendant of Census:
next general election.
AJrt. 3. The said commissioners shall exercise    CENSUS OFFICE, Dep't. of Interior, }
a diligent and faithful supervision on all public                  February 6,1851. S
works inwhich the State may be interested as  Sir:-Enclosed I send you a corrected statestockholder or creditor; shall represent the State ment of the population of Frederick county, Md.




208
The statement previously sent was taken from  respectable class of people who did not believe
the certificates of Assistant Marshals, which were in a state of future rewards and punishments,
in many instances incorrect.               from a civil disability, now resting upon them,
I have the honor to be, sir, very respectfully, and also to dispense with all tests for office, which
your obedient servant,                      imposed belief in future rewards and punishments
JOS. C. G. KENNEDY,         as a qualification for such office. The latter purSup't. of Census.  pose it was said was obviated by the 35th article.
Hon. J. G. CHAPMAN., Pres. Con., Annapolis.  He thought not, but if he was mistaken in opinion,
Which was read and referred to the commit- he as willing to  ify his amendment to that
extent, although, he could see no propriety for a
tee on representation,                      distinct article on that subject, when the words
The PRESIDEN'T also laid before the Conven- "civil or political incapacity" would cover the
tion a report from the clerk of Worcester county entire ground. It had been argued yesterday by
court, relative to fees paid the Deputy Attorney  te gentleman frm Ane Arunel, (Mr. DonGeneral of said county, in obedience to the order aldson,) that there was no necesity for the first
of the Convention;                          branch of the amendment, because, as the law
Which was read and referred to the committee now  stood, any person was qualified  s a
appointed on the Attorney General and his Depu- witness, who beieved in a Supreme Being and
ti mto fM.-  hoes.ventin p- moral accountability to that Being under pain of
On motion of Mr. BISER, the Convention pro- punishment in this, or a future world. Such he
punishment in this, or a future world. Such he
ceeded to the orders of the day.  begged to say, was not the law of Maryland, howTHE BILL OF RIGHTS.             ever it may be elsewhere. In the courts of
The Convention resumed the consideration of Maryland, the question usually propounded to a
the order of the day, being the report submitted witness was, Do you believe i a future state of
by Mr. DonsE on the 11th ult., as chairman of rewards andpunishrments? If the witness anthe committee on the declaration of rights.  swered in the negative, e was rejete as incompetent on account of his religious belief.
RELIGIOUS TESTS.               Such had been the practice in Baltimore county,
discussion yesterdaywas in Frederick and in Washington, and as he unThe article under discussio   yesterday, was derstood from the honorable gentleman from
the thirty-third article in the words following:  Rent, (Mr. C ers,) in his distroentlemn?rt. 33. That as it is the duty of every man Kent, (Mr. Charnhers,) in his district. He was
toorsp 33. That as it is the dutyof every mas  not prepared to say, whether this was a proper
to worship God in such manner as he thinks most
acceptable to him, all persons are equally enti-expo sition of the common law, from which the
ted to prtection in their religious liberty; principle was derived; he spoke of it only as it
fled to protection in their religious liberty  existed in Maryland, as a serious, and oppreswherefore, no person ought by any law to be o-and,              as a serous, and oppreslested in his person or estate, on account of his sive civil, disability operating upon many conreligious persuasion or profession, or for his re- scientious and worthy citizens. He said he was
ligious practice, unless under color of religion, aware that a much more enlightened application
of the common law rule now prevailed in Engany man shall disturb the good order, peace, or 
safety of the State, or shall infringe the laws of  and, and in many of the States that the rule ha
moality, onjureothers in their natural, civil been much relaxed elsewhere; and the modern
morality, orihjutre onthers in tdoughei n ateur t be  doctrine out of Maryland now was, that belief in a
or religious rights; nor ought any person to be
compelled to frequent or maintain or contri-ng, and the certaityofpunishment
bute unless on contract to maintain any place of by that Being for human acts in this world or in the
orhbute,  ore an mratinl ist s ned tosecure o  aa    ieworld to come, was all that was required, but he
orship or any  ingstion                    repeated that the old English doctrine of belief
And the pending question was on the motion
in rewards an d pun ishme nts in a future  world,
of Mr. RIDGELY, to amend said article by insert- i rewards and punishments in autre world,
still prevailed in some of the courts of the' State.
ing after the word " estate," in the fourth line, still previled in se f thi couts of theState
the followIt was to relieve from this civil disability
the followi.g:             citizens who did not entertain such religious be"Or suffer any civil or political incapacity." lief, that the amendment was designed. He
Mr. RIDGELY said, the amendment under con- would have employed the language, which was
sideration he had endeavored to explain on yes- used in the New York Constitution, "that a
terday at the time of adjournment; he would now  man's religious opinions should not render hint
ask the indulgence of the house, to state more incompetent as a witness in any court of law or
fully its purpose. It was intended for a two-fold equity;" but he had doubts, whether incompetenobject.  The article is designed to secure to cy as a witness was the only civil disability,
every citizen the rights of conscience, the privi- which might arise on account of religious opinlege unrestrained of religious worship, and to ions, under the rule of law which obtained in
protect him in person and estate from molesta- some of the county courts. He did not know
tion, in the exercise of those rights; here the whether the question had ever been raised, or
amendment comes in, and enlarges the language decided, whether disbelief in a state of future
of the article, by providing also, that he shall rewards and punishments, would disqualify a
"suffer no civil or political incapacity" on aRe- juror, but he could well imagine that the rule
count of his religious opinion; the right to fornm  would equally apply to a juror, as:to a witness;
and enjoy which, it is intended to secure to him. and would, under the existing exposition of the
He had stated on yesterday, that his purpose was law, be a good ground of challenge. He had,
by this amendment, to relieve a large and highly therefore, used comprehensive language, so as to




209
include every possible civil disability which Weems,) on yesterday, boldly assert in this
might arise.                                House, that every marl, who disbelieved in a fuIt was remarkable that whilst a witness was ture state of rewards and punishments, should be
disqualified under such a religious belief, that as driven from the witness stand, as unworthy of befar as he had been able to learn no objection had lief. It was a harsh, and he would add, and an
ever been taken to jurors on such a ground, and intolerant sentiment; and he was especially surin fact a juror, or a judge might be an infidel.  prised that it should have been uttered by a repMr. CHAMBERs desired to-correct the gentle- resentative from Calvert, the daughter of old St.
man from Baltimore county. So far as. regards Mary's, on whose plains the banner of religious
a judge, the Constitution provides a test of belief and political liberty, was first unfurled, by the
in a future state of rewards and punishments, for tolerant Catholic Calvert. He would say to that
all civil officers, and also for Jews.      gentleman, that hundreds of people entertaining
Mr.: RIDGELY resumed. He wav then in error'that disbelief, were to be found in Baltimore city
Mr. RIDGELY resumed. He was then in error
and county, who were among the most conscienin relation to a judge, but he could not be mis- ouespectable and wothy    citiz ens
taken as regards a juror; and in fact a judge ofcommunity; mr nd worty   itizen  tion 
loose morals, a mere nominal professor in such
life; of irreproachable character, and worthy of
religious belief, may sit as the arbiter of life and life; of irreproachable character, and worth  o
deathwhilst a citizen of undoubted character comparison with the best and purest of the ordea atcharacthodox faith. His attention had been called to
of the opposite faith, may be rejected as a witof the opposite faith, may be rejected as a wit- this subject, in the early part of the session, by
ness; He desired to give to christians, the bene- one of his constituents-  getleman wherever
fit of the exemption, which the Constitution in-       ersall resecte  or h
terposes for the Jew. The Jew was protected in wnow  an     d spotless honor; who had pass  mora
worth, and spotless honor; who had passed many
his religious belief-his conscience was respected.        adaned le n he se
years of his now advanced life, in the service of
He couldnot swear upon a Testament,:which he the State; had been for twenty years returned to
disbelieved; he could not imprecate Dpeople of t upconty, and
religious belief which he rejected, and the Constitution was altered to take this civil disability from  hel d ma n   fis of ubc truig the war of 
lantly served his country during the war of 1812.
him. Citizens, many of whom believe in Christ and  not design to ope     ject of religion
his religion,are now under civil disability, because i this House, he hoped the debate would not
in their conscience, they cannot believe in a future  t  tht direction, but le could not refrain from
take that direction, but he could not refrain from
state of rewards and punishments. Why not give  g, that in his opinion, the oath of tlat man,
such the same constitutional religious protection?  h recognized the certainty of punishment in
Will you deny to a Christ~ian, what you- have; who recognized the certainty of punishment in
Will you deny to a Christiae ef t o   h      istn,h  world, or acts don the body, was equally
granted  the Iaelite  e effect ofuch dis- as reliable, if not more reliable, than the oath of
crimation, will be to decide, that no man is a one, who repudiated all punishment by Divine auChristian, who reljects futur  rewards and pun-, thority in this world, and deferred his fears of punishmentsas a r s     ishment for moral or religious guilt to another
The gentleman from Queen Anne's, (Mr. Spen- world; with the contemplation of which, men were
cer,)-not now in his seat-had objected, that little disposed to familiarize themselves. He conthe amendment, if adopted, might admit ministers fessed, that it required some nerve for a man to
of the Gospel to seats in' the Legislature. Such avow his disbelief in future rewards and punishwas no part of his purpose, he could not consent ments in view of the general opinions of the
to change the existing constitutional provision in world, yet the very avowal of such an opinion
that respect. His object was to protect a man's commended itself to him as indicating at least an
religious opinions, and to remove a disability, independence, which, in his judgment, went far
which the law imposed upon them; not to relieve to attest its perfect honesty and sincerity. The
ministers of the gospel from their civil incapaci- principle of this amendment is not new; it had
ty under the Constitution. To remove all doubt been introduced into some of'the old Constituupon the subject, it was his intention, to move a tions, and he believed into all the new ones, alfurther amendment to the article, in the follow- though thelanguages employed might differ. The
ing line, by striking out the word "professionlso section under consideration without this amendthat the word "persuasion" only would remain. ment, whilst it proclaims the largest religious
It would then read, "or suffer any civil or politi- liberty and the right to worship according to the
cal disability on account of his religious persua- dictates of conscience, exposes in fact, as the
sion." There ought, it appeared to him, in this price of that liberty, all who disbelieve in a fuenlightened age, to be no hesitation, in conform- ture state of rewards and punishments, to the exing.the practical truth of the liberty of conscience, isting civil disabilities, which the courts have deproclaimed in the bill of rights, to its theory. cided to attach to such disbelief, and which is
He was not willing that any human tribunal utterly incompatible, with the freedom of conshould set up restraints upon the conscience of science. He trusted that the Hlouse would not, in
men. Such was the theory of the bill of rights, this nineteenth century, by rejecting this amendbut judicial exposition of the law had denied to ment, perpetuate so odious a religious discrirninamany citizens the free benefit of this Constitu- tion upon the people of the State.
tional guaranty. He was, therefore, for putting'FiMr. WEEMS said, that nothing could have
this cherished prerogative beyond all doubt, by been further from  his intention, in the rethe amendthe  he had proposed. l He was pain- marks he had submitted yesterday, than to deed to hear the gentleman from Calvert, (Mr. nounce any sect or branch of the Christian
27




210
church. He was no sectarian. Believing him-  Messrs. McLANE and RIDGELY asked the yeas
self in the doctrines of Christianity, he had al- and nays, which were ordered.
ways entertained the opinion that every civil offi-  Mr. MCLANE called for the readingof the articer of the State of Maryland, when entering up- cle, as it would stand with the modified amendon the discharge of his duties, had to subscribe ment.
to a belief in the Christian religion, or at least in  And it was read.
a state of future rewards and punishments. And  Mr. RANDALL suggested that the gentleman
when the gentleman from Baltimore county,(Mr. from Baltimore county, (Mr. Ridgely,) had conRidgely,) offered an amendment, the object of fined the application of his amendment to two
which, as he, (Mr. W.) conceived, was to depart classes, whereas there were hundreds of officers
from the good old system which had so long ex- who were to take the oath. Did the gentleman
isted in our State, he felt it to be his duty to op- intend that the amendment should apply to all,
pose it. He was also of opinion that it would or only to a part?
open the door to the admission of ministers of the  Mr. RIDGELY modified his amendment to meet
gospel into our legislative halls. He intended to this suggestion.
vote against any such innovation.           Mr. CHANDLER thought that the Convention
He did not pretend that his opinions upon this should be very cautious in throwing off the moral
or any other question were infallible, but, he be- restraints, which should guide and control men
lieved, that if no restraints were to be imposed-  when about to give their testimony upon the witif a man did not so far believe in the doctrines of ness stand. It was contended that every man
Christianity, as to have some dread, of eternal had the right to worship God according to the
retribution-the result would be, that the better dictates of his own conscience. This doctrine
portion of mankind would be placed at the was believed by every branch of the christian
mercy of that corrupt and depraved portion, who church; and no law, no organic regulation should
would not hesitate to swear to any thing, how- be introduced, the effect of which, would be to
ever diabolical, which might subserve their own deprive men from the exercise of that sacred privipurposesof interest, malice, orrevenge. He had lege. But there were classes of men who did
declared yesterday, and he now repeated, that, in not believe in God, nor worship him, nor achis opinion, all those persons who were so cal- knowledge any responsibility to him. He was
lous as to proclaim their disbelief in a state of opposed to such men being called upon to give
future rewards and punishments, should be ex- testimony in any case-because, there was no
eluded from testifying. This was his judgment. moralrestraint to guide them in bearing testiHe had declared ityesterday, and would acknow- mony to the truth. It might be said, that such
ledge it any where. This,however, was a mere men might be thrown on their honor. Why not
matter of opinion. He would go as far as any then throw all men upon their honor, and allow
gentleman, to promote and secure religious toler- the most reckless and abandoned characters to
ation, but he thought that the adoption of this come in and bear testimony without check, resamendment would open wide the door for im- ponsibility, or restraint of any kind?
morality, and lead to a total disregard of the  The gentleman from Calvert, (Mr. Weems,)
solemn obligations of an oath. For these rea- had objected to the amendment, because he
sons he should vote against the amendment.  thought that, under its provisions, a minister of
Mr. DONALDSON suggested a contingency in the gospel might find his way into our legislative
which, under the amendment of the gentleman halls.
from Baltimore county, (Mr. Ridgely,) difficulty  He, (Mr. C.,) opposed the amendment on no
might arise; and said, he, (Mr. D.,) thought the such ground. He did not think that, in the part
amendment went beyond the gentleman's own which he had taken in the deliberations of this
meaning or intention. Toavoid ambiguity, and body, he had given much evidence of being a
make the amendment more explicit, he sug- dangerous man; and, in taking a viewof our felgestedto the mover to place it at the end of the low citizens generally, he thought that ministers
section, though he, (Mr. D.,) was of opinion that of the gospel were found to be as quiet and
it would come in better as an amendment to the peaceable as any other class.
thirty-sixth article.                        He repeated, therefore, that he did not oppose
Mr. BRENT, of Baltimore city, offered an the amendment on that ground; buthe thought
amendment, to come in at the end of the section, that ministers had equal rights in every respect,
[and which as subsequently modified by Mr. with other citizens. As to the expediency or
RIDGELY, read as follows:]                 propriety of their serving in the legislative halls,
"Prozvided, That nothing herein shall be con- that was a question to be left to the judgment of
strued so as to qualify as witnesses, jurors or their own consciences, and to the decision of the
judges, or other officers under the constitution people at the ballot box.
and laws of this State, any Atheist or other per-  He proceeded to refer, in language of high
son who does not believe in any accountability eulogy, to the patriotism, the fortitude, and the
to the Supreme Being for his acts."       self-sacrificing devotion with which this class of
Mr. RIDGELY said that this amendment suited our citizens, had stood forward in the front of
his views, and he would therefore accept it as a the battle during our revolutionary struggle, and
modification of his own.                  asked, whether we were now to be told that minAnd the question being on the modified amend- isters of the igospel,were not entitled to equal privment,                                     ileges with ourselves, and that they were only




211
to breath, as it were, by permission of the civil  Mr. MCMASTER. Then I shall vote against
authorities?                               it.
Mr. McLANE said:                            Mr. MRriECK said, that hefelt some reluctance
X,,~''*    to vote for this proposition. He felt disposed to
He felt somewhat embarrassed as to the vote  ve    the provision as i ft an dit seemed to
he might be called upon to give, not understand-  i  tht te legislature could hereafter regulate
ing precisely theeffectof. Hisw   him that the legislature could hereafter regulate
ng preciselythe effect of it.His own impres-  the competency of witnesses. It wouldbe better
sion would be to leave things as they are.  -e  the Convention sh    ould confine i tself to dothought we had gone on well, under the old billoneio           ho      ie itel to   -
of rights. He had not heard any thing to satisfy  that, which more appropriately belonged to
of rights. He had -not heard any thing to satisfyit  He might be right or he might be Wrong.
it. He might beright hor he might be wr1ong.
his mind, that any great necessity existed for He did not profess to know much about these
material change
things, and he would rather not touch them.
The amendment, as he understood it, declared We had gone on well under the law as it stood,
that nothing in the old bill of rights should be and he thought it would be better to suffer the
construed "to qualify" a certainclass of persons bill of rights to remain as it was. If there was
as witnesses. If he voted against that amend- a contradictory practise in the courts of the disment, in what position was he placed? The in- tricts, let these matters be left to the supervision
ference must be, that he meant them to be quali- and regulation of the legislature.
fied. If he voted for the amendment, he knew  Some conversation followed between Messrs.
not what inference might be drawn from the vote. RIDGELY and MERRICK.
It might be, to qualify others whom  he did not  Mr.       referred to his own experience
think it right to qjualify~..  7            -Mr. "PRESSTIAAN referred to his own experience
as to the practice in the courts. He did not
He would be glad if the gentleman would put think that any other men than Atheists had been
hisamendment into such aform as would enable excluded from testifying-nor that any sect in
him, (Mr. McL.,) to give a vote which should this country, as a sect, had been excluded in any
not convey any misapprehension as to his opin- of our courts of justice for their particular opinions. And he desired that the gentleman from  iotn. If it were so, he should undoubtedly vote
Baltimore county, (Mr. Ridgely,) would state for the amendment of the gentleman from Baltiwhat the effect of the amendment was to be. He, more county, (Mr. Ridgely.) He, [Mr. P.,]
(Mr. McL.,) did not desire to disturb the ques- thought, however,that there was some misappretion. He did not wish to interfere with any hension about the matter. A single individual,
man's rights of conscience. He was, himself, perhaps,might have gone further than his sect,
very independent in his opinions-trusting al- and therefore, been excluded, but he did not
ways that they were sound enough for his own think that "the disqualification had been carried
welfare, and he desired to extend the same lib- any further.
erty to every other man. But when he was call- 
ed upon to guard the rights of others, he.was unwilling to cast aside any of the restraints,. which, this discussion; t was with some reluctance that
he rose to respond to the appeal made to him by
by the law of the land, or by a sound moralit  he rose to respond to the appeal made to him by
might be imposed upon a man who was called the gentleman from Baltimore city. He took
mhi'ght be imposed upon a man who was called
upon to testify as to those rights. He wished that occason on yesterday to suggest to the genleit should be done under all the responsibility man from  Anne Arundel, that an instance had
it should be done, under all the responsibility
which could be imposed by laws-human and occurred in Washington county, in which the
Divine.                            -        testimony of a Universalist was refused, because
he avowed his disbelief in the doctrine of future
Mr. BUCHANAN, (to the President.) Is it in punishment. He now repeated the fact, upon
order to move to lay the amendment on the ta- the authorit of men of undoubted veracity, who
ble?                                        were witnesses of the whole transaction. The
The PRESIDENT. The motion is not in or- distinguished gentlemanfromKent,(Mr. Chambder.                                        ers,) also states, that this has been the uniform
Mr. RIDGE.Y. My object is to place the law  practice in the judicial district in which he has
of the land, in relation to the religious opinions the honor to preside.
of witnesses beyond controversy. Mr. R. furth-  Now, sir, said Mr. F., it is not my purpose to
er explained his amendment, and recapitulated discuss the doctrines of this church, nor did he
his reasons for its adoption. His object simply profess to be a disciple of their school; but from
was, that no individual who believed in a Su- a long and an intimate acquaintance with this
preme Being, and acknowledged his accountabil- class of his constituents, he must say, that they
ity for his acts, should be disqualified as a wit- rank among the most honest and respectable citiness in a court of justice,                 zens of that county which he had the honor in
Mr. McMATER,(.to Mr. Ridgely.) Will the gen- part to represent. Whatever may be their relitleman from Baltimore county allow me to ask gious opinions, Mr. F. declared in the presence
him one question?                         of this Convention, that he would be willing to
Mr. RDGELY. Certainly, sir.               stake all he had in the world upon the oath of
Mr. McMAsTER. Does the amendment quali- any Universalist within the circle of his acquaintfy persons who do not believe in a future state ance.
of rewards and punishments, to hold office and  And yet, sir, (said Mr. F.) it has been avowed
give testimony?                           in this House, that such men are unfit to testify
Mr. RIDGELY. That is the object.         in our courts of justice. It has been gravely ar



212
gued that those who do not believe in a future portion of his constituents. They desired that a
state of punishment, have no just sense of moral provision might be inserted in the Constitution,
responsihility. He confessed he was suprised to dispensing with religious tests either as a qualifihear such sentiments.                      cation for office, or as rendering persons compeMoral responsibility! Why sir, a sense of tent witnesses in our judicial tribunals. He had
moral responsibility, is as omnipresent as the no particular acquaintance with the creed of the
Deity Himself. W'here can we go to escape it; UUniversalists; (for, from that sect it was that the
where is the asylum upon this vast globe, or inapplication to whichhe referred had been made,)
the boundless regions of infinite space, to which  ut he took occasion, by means of letters to memwe can flee from the torments of a guilty con- bers of their society, and in other ways to inform
science.. If we travel beyond the pale of civili- himself as to the precise character of their doczed man, even there the poor savage unconscioustrines  The result of his investigation had led
of the light of Divine Revelation, acknowledges him tothe conclusions which he would nov state
his responsibility to that Great Being, whose They believed in a Supreme Being; they believed
voice is heard in the howling of every tempest,i rewards and punishments, either in tis or a
the rustling of every leaf, and the murmuring offuture world; they believed that no man would
every stream. It is a mistaken idea to suppose  go unpunished for his misdeeds, and that the punthat the Universalist has no just sense of moral ishmentmust come at some time; but they did
obligation, because he is not actuated by a slavish not believe in perpetual punishment.
fear of eternal punishment. For although he -Upon ascertaining these facts, he had looked
may not be frightened into a sense of duty, by intothe Constitutions of tle different States of
the fear of Hell, of'orgons, hydras, chimeras the Union, and had found that in nearly all of
dire," may he not be governed in his conduct by them, religious tests were dispensed with. The
that higher and nobler motive-a sense of duty to fourth section of the declaration of rights of the
his fellow and his God?                    State of California, had met his views more fully than any other. As an humble member of
It is an outrage upon the" feelings of this highl ly than any oter. As an humble member of
t is an outrage upon thefeelings of this highly the committee of which the venerable gentleman
respectable class of our fellow-citizens, that they  om Anne Arundel, (Mr. Dorsey,) was Chairshould be driven from our courts of justice,from Anne Arundel, (Mr. Dorse) had submitted thaas his own
whilst the most abandoned men in the communi-  anh. Bi had s  ubmitd  at as h 
ty, are dragged forth from the gutters and sewers P      u osit commio t had found nt avor. Amaof our cities, to stand up as competent witnesses, orit  of the committee had voted  Convention
merelybecause  h    e       iypost iwould be in the recollection of the Convention
merely because they profess to believe in a future
that htse had yesterday offTered the same section,
state of rewards and punishments. For his part  t had been informed by the President,tht it
Mr. F. protested against any such invidious dis-was not thenn order.
tinctions. He was opposed to any proscription
ti nctions. He wa~s opposed to any proscription  He felt disposed to vote for the amendment of
on account of religious opinions. And whilsthethe entleman fom Baltimore courty,(Mr. Ridgehad a high regard for the Christian religion, he]y, thoughhe, (Mr. B.,) must say, that he was
was disposed to be liberal towards all denomina- better satisfie with the first anendment, than
tions, with the confident expectation that the with this. Heyielded, however to the better
same charitable feeling will pervade this Con-j    t o te etle, who eterte
vM~ention.:~ -              -          ~judgment of the gentleman, who entertained the
-vention.opinion that the pending proposition would cover
We should be the last, sir, (continued Mr. F.) the whole ground, and answer every object which
to encourage any thing like a feeling of intoler- he had in view. If that proposition should fail,
ance, for if there be any spot upon this broad he would then offer the amendment which he had
earth, which has been consecrated to the spirit yesterday indicated.
of genuine freedom, it is here upon the soil of  The gentleman from Washington county, (Mr.
this glorious old Commonwealth, where the Fiery,) had, given his experience as to the opera-.standard of religious liberty, was first reared in tion of the existing provision in his own district.
the Western world.                          He, (Mr. B.,) could go even beyond the limits
Mr. BISER said that in advocating this amend- of his own county. lie had seen a Justice of the
ment, as it was his intention to do, he felt that he Peace reject the testimony of a Universalist on
was treading upon delicate and dangerous ground. account of his religious opinions, when the cornHe knew that he was speaking in favor of a pro- munity at large would have taken the word of the
position which would subject those who sustained witness in preference to the oath of the Justice of
it to animadversion and criticism beyond these the Peace. And similar evidences of injustice
walls; and he desired, therefore, that the mo- and of wrong he had seen time and again. He
tives for the course he might take, should be un- declared himself the friend of religious toleration
derstood so explicitly, as to leave no room  for and equality, under all circumstances and in evemis-apprehension or mis-statement.          ry aspect. He believed that more danger, far
He disclaimed any desire or intention to make more danger, was to be apprehended from those
invidious distinctions in matters of religion. No who, under the false garb of religion, made themman here or elsewhere respected religious insti- selves competent witnesses, than from that retutions, and religion itself, more sincerely than spectable and intelligent class of our citizens who
he did.                                     had the independence to come forward and proAt an early period in the session of this Con- claim the doctrines in which they conscientiously
vention his attention had been called to this sub- believed. To use the language of the gentleman
ject by a numerous, respectable and intelligent from Calvert, (Mr. Weems,) he, (Mr. B.,) was




213
"no sectarian;" still he had his prepossessions. But such idea existed. On the contrary, the whole
it would be congenial to his own feelings, as it scope and object of the article was to proclaim
surely would be to the spirit of the age in which the largest possible latitude to all persons as to
we lived, that all these harsh and invidious re- their religious opinions. Gentlemen get up,
straints should be blotted out from our statutes. talked about religious liberty, and invoked the
He referred to the former history of the State, to genius of Maryland, as if some great outrage
show how little sympathy her people had mani- were in contemplation. Such arguments were
fested in that bigoted and intolerant spirit which totally inapplicable. The amendment actually
would inflict punishment upon men for the mere proposed to restrict and limit the natural force
sake of religious opinion, and expressed the hope and efficacy of the article as it stood in the Bill
thatthe Representatives here assembled, for high of Rights. Such, was the import of the language
and solemn purposes, would follow the glorious of the amendment, whatever its object might be.
example held up to them by our sister States, Whatever evils existed could be better left to the
and place upon an equality all, men who believed general action of the Legislature, than be speciin the existence of a Supreme Being,      ally provided for by the organic' law. God forMr. MERRICK obtained the floor, but yielded bid that it should be supposed that he would
for the moment to,                        place restrictions upon any class of our citizens
Mr. TUCK, who suggested to the gentleman on account of their religious opinions. Nothing
from Baltimore county, (Mr. Ridgely,) that the could be further from his-wishes. All he desired
more appropriate place for his amendment, would was to bring the Convention to consider the nabe the thirty-sixth article.              ture of the work they had in hand, in order that
Mr. RIDGELY intimating his intention to adhere they might confine themselves to it-and leave
to the amendment at this point,           all matters proper for future deliberation and
Mr. TUCK proceeded to remark, that the ques- general legislation to the action of the Legislation involved in it, was one of much delicacy and' ture. This was certainly one of these matters.
importance, and that any provision, in relation to  Mr. CHANDLER desired to say a few words in
it, which might be engrafted in theConstitution; explanation. He held that every man had the
should be drawn with great circumspection and right toworship God, according to the dictates
care. It seemed to                           him, however, that te mostof his own conscience. To whichsoever of the
appropriate place for the amendment, was the many religious creeds'into which men have divithirty-sixth article, and he would, therefore, ded themselves, he maybelong, he has this right.
move that the pending article be informally pas- But the object of the remarks he had made was
sed over, (as had been done with a previous arti-that those who do not worship God in any form,
cle, on a former day,) in order that it mighthere-and who have no hope of future rewards, nor
after be taken up.                         fear of future punishments to influence their conMy own opinion, (continued Mr. T.) is that' duct, ought not to be permitted to act as jurors.
the true question to be put to a witness, He did not concur in opinionwith the gentleman
should be whether, according to his religious from Frederick, that persons who acknowledge
faith, whatever that faith might be, he believed no moral responsibility are more to be relied on
in a state of future rewards and punishments. than those who do.
Every man ought to be presumed to have some  Mr. HARBINE stated his intention to vote
religion-a religion which teaches him to lookagainst the amendment, not because he was opup to a Divine Being-to a First Great Cause- posed to the fullest extent of religious toleration,
and to acknowledge his belief in Him. And I or to the principle that every man should be persay that every man who comes upon the stand, mitted to exercise his own conscience in matters
and avows his belief in a Divine Being-who ac- of religious faith, without forfeiting any ef his
knowledges himself responsible for deeds done rights; but for the reason assigned by the gentleupon earth-ought to be allowed to testify, for, man from Charles (Mr. Merrick) that it was not
as has been well said, the most respectable men necessary to engraft such a provision in the orin the community, whose word, in any matter of ganic law. It was a power within reach of the
business, would be taken in preference to the oath Legislature. It -had been said by his colleague
of some men, are turned from the witness stand, (Mr. Fiery) that it has been used for the purpose
whilst the testimony of any one, however worth- of preventing a respectable class of citizens from
less, is admitted, if he will only say that he be- being sworn as witnesses. If he thought such a
lieves in a future state of rewards and punish- construction would be put on the provisions of
ments.                                    the new Constitution, he would go in favor of the
Mr. T. thought that the better way was to amendment. But the new Constitution will not
leave these questions, as to the competency of admit of the same construction as the old one.
witnesses, to be regulated by the Legislature. He referred to the change which had been made
But if this Convention is to pronounce its judg- in the thirty-third article of the Bill of Rights
ment of the question, he thought the appropriate to shew that the construction put on that article
place was the thirty-sixth article, and he there- in the old Constitution would not be applicable
fore moved to lay aside this amendment for the to the new one. The other reason for opposing
present.                                  the amendment had been better explained by
Mr. MERRICK said, that gentlemen had argued the gentleman from Charles than he could exthe question as if this were a proposition to en- plain it. It is within the competence of the
graft on the Bill of Rights, a religious test. No Legislature to make such laws on the subject as




214
may be necessary. It relates to a mere rule of  Mr. RANDALL called for the reading of the
evidence, which can be settled by law; and if we substitute, which was again read.
are to go on and insert in the Constitution provis-  Mr. MORGAN said, he would not to be willing
ions regulating all the rules of evidence in dispute, to admit ministers to hold seats in the House of
the instrument will be very greatly and unneces- Delegates or any political body. The amendsarily encumbered, while its adoption by the ment seemed to him to go further than the genpeople would be greatly endangered. Such a tleman from Anne Arundel intended. He, (Mr.
result, he had no doubt, was not desired by the iM.) said that he was willing to admit as witnesses
members of this Convention and should be avoid- all who believed in a future state of rewards and
ed, especially if it could be done (as in this in- punishments,
stance) without the denial of a single right to  Mr. DORSEY modified his substitute so as to inthe people. He would vote against the amend- sert the words "except as hereafter provided by
ment.                                      the Constitution."
The question on the amendment was then ta-  Mr. RANDALL said, it had been generally conken, and resulted as follows:              ceded, according to modern decisions, that a man
afirmlative-Messrs. Morgan, Hopewell, Bell, is a competent witness who believes in a future
Welch, Ridgely, Eccleston, Chambers of Cecil, state of rewards and punishments, whether here
Miller, Bowie, McCubbin, Thomas, Shriver, or hereafter. He thought the Convention genGaither, Biser, Sappington, Gwinn, Brent of erally acquiesced in thisopinion. The question
Baltimore city, Fiery, John Newcomer, Michael is, where should this provision be placed? It
Newcomer, Weber, Parke, Ege, Shower, and refers to the right of conscience, and he thought
Cockey-25.                                 the proper place for it would be in the thirty-'egaoive —Messrs. Chapman, President, Lee, sixth article. It was cognate to the place where
Chambers of Kent, Mitchell, Donaldson, Dorsey, it is now introduced. The thirty-sixth article reWells, Randall, Kent, Sellman, Weems, Dal- lates to the oath and to the manner in which it
rymple, Merrick, Buchanan, Chandler, Sher- shall be administered.  He was disposed to
wood of Talbot, Colston, John Dennis, Crisfield, amend the thirty-sixth article so as to make it
Dashiell, Williams, Phelps, MeLane, Sprigg, more specific. The thirty-third article refers to
George, McMaster, Fooks, Jacobs, Stephenson, the duty of every man to worship God in such
McHenry, Nelson, Carter, Stewart of Caroline, manner as he pleases. The thirty-sixth article
Harbine, Davis, Anderson, Hollyday and Slicer relates to the qualification of a witness, to his
-38.                                       rights as a citizen of the State. He thought,
So the amendment was rejected.           therefore, that the best course would be to reject
Mr. B3SER now offered the following amend- the amendment now proposed, and to insert, in
ment which he had yesterday indicated his inten- lieu of it, the substitute which he now offered to
tion to offer:                             come in at the head of the thirty-sixth article.'Strike out from the word'liberty,' in the third  Mr. DORSEY differed from his colleague. He
line, to the end of said article, and insert in lieu thought the provision more appropriate where it
thereof, the following:                    was now proposed, than where his colleague wish"Therefore, no religious test shall be required ed to place it. It did not apply to official oaths
as a qualification for any office of public trust, but was a general provision that those who were
that the free exercise and enjoyment of religious presented asjurors or witnesses, should not be exprofession and woirshipwithout discrimination or eluded if they entertained a belief in a state of
preference shall ever be allowed in this State, future rewards and punishments, He thought,
and that no person shall be rendered incompe- therefore, that the provision was better where it
tent to be a witness on account of his opinion on now is, and where it is entirely appropriate.
matters of religious belief, but the liberty of con- He did not concur in the statement that the pracscience.hereby secured, shall not be construed as tice is settled in England, that none but one who
to excuse acts of licentiousness, or to justify believes in a future state of rewards and punishpractices inconsistent with the peace or safety of ments is a competent witness. He did not so
this State.'                               understand it. Some of the Judges in this State
Mr. DoRSEY offered the following substitute, are of opinion, that a man must believe not in a
which (he said) he would be glad if the gentle- state of future rewards and punishments, but in a
man would accept;                          future state of rewards and punisnments. The
Add at the end of the said article, the follow- object of the amendment is to remove that diffiing:                                       culty. He had no particular wish to place it in
"Nor shall any person be deemed incompetent this section, but he thought it the most approprias a witness or a juror, or disqualified to hold ate place for it.
any office under the laws or Constitution of this  Mr. RANDALL thought the thirty-fifth article
State, except as hereinafter provided by the was a very proper place, as it relates to the test
Constitution of this State, who believes in the or qualification required on admission to any office
existence of a God, and that under his dispensa- of trust. The thirty-third article sets forth the
tion such person will be held morally account- duty of every man to worship God in such manable for his acts, and be rewarded or punished ner as le thinks most acceptable; and the thirtytherefor, either in this world or in the world to sixth article prescribes the manner of adminiscome."                                     tering an oath to witnesses. These are the three
Mr. BiSER accepted this proposition as a modi- articles which relate to the subject, and it was
fication of his own.                       his object to keep them distinct. He thought it




215
more cognate in the thirty-sixth article,  It parts of that law, received by us. Our statutes
would be more consistent if every thing relating enact penalties against blasphemy, and all our
to the oath were put in the thirty-sixth article. laws proceed on the assumption that they are to
He would now offer his substitute.         regulate a Christian' people.
Mr. RANDALL then offered the following as a  We afford protection to all: to those who have
substitute for the amendment of Mr. DORSEY:  any religious worship, we secure the form of
"Provided, That an oath may be legally admin- worship which their conscience or tastes approve;
stered to any person who believes in a state of to those who have no sense of religion or of obfuture rewards and punishments, by a Supreme ligationto worship the Deity, we guarantee exBeing, in this life or in the life to come."  emption from coercion. But in the privilege of
Mr. R. said he did not thinlk that this was4 the holding office, the privilege of ruling in a ChristMr. R. said he did not think that this was the
proper place for the amendment. But he would ian community, we have never allowed unbelievproper plaeoh e    tBute            ers to participate. Professed unbelievers were,
offer it again to the thirty-sixth section, and could  to prtcpte  roesse  n     wl
then move to strike it from this article, if it in this respect, on theher side of the wall or
partition, and while be had breath in his body,
should be adopted here.
Mr. McHENRY said he should vote againstboth he would use it to protest against any and every
Mrthe substitue a d the ameuld te aand he shoud attempt to prostrate this partition. There might
the substitute and the amendment, and he should:be some few men deluded and most mistaken on
be constrained to vote against every amendment this poor judgment-there might
which adds to the bulk of the bill of rights. When b        amo ngs t the acquaintances of the gentle
be some amongst the acquaintances of the gentleour ancestors framed the present bill of rights, man from Washington, (Mr. Fiery,) who might
they were in the midst of a severe struggle; and for aught he knthe duthe circumstances in which they acted, made ties        of sc      the State, but it was
ties of some of the offices of the State, but it was
them careful so to construct it, as that its great better, far better, that those few persons should
principles should be stamped on the m ds of give place to others, than to demolish this timenthose f whent  sovereinty of the w  peoplde.  t honored doctrine, which, in some sort, sanctifies
now, when the sovereignty of the  people;is ^our system. Every general rule must, of necesuniversally acknowledged, this minute elabora- gity, produce an individual instance not absolutetion of their rights is unnecessary. It seemedto ly within the expediency of the rule. Here the
him that a few brief and comprehensive articles general rule was, that our State being a Christian
illustrating our position as contrasted with foreign community, our laws suited to the government
governments, and as to our internal relationscommunity, our laws suited to the government
governments, and asown theo ourinciples which should and conduct of Christian men, Christian rulers,
e laing down the pncles fwhich should and none others, ought to rule such a land and
regulate the conduct of the o fficersof the govern- people, and no power on earth could ever induce
ment, who are the agents of the people, in their him to turn his bank upon the faith of his foreofficial capacities, should be deemed sufficient. fathers. Educated in a Christian community,
When other matters are introduced, it should be  the ae t  continent to establish a Christin the Constitution itself-the consideration of they cme to this  en t to establish a Chithet
ian governnerit here, and as such it has hitherto
which will come up hereafter. To insert these been maintained.
provisions in the bill of rights, he thought would  Sir, aid he, by  od's blessing, I have been edbe entirely superfluous,                    ucated in the Christian faith-the faith of the BiMr. CHAMBERS said, reluctant as he was to ob- ble-by God's grace. I hope to live a Christian's
trude any remarks upon the House, he could not life and die the Christian's death-by God's mergive a silent vote on this subject. One of the cy I have been born in a Christian State and here
proposed amendments, opened a question of the have passed my three score years and more, and
utmost concern-a question not new to him.  so sure as my soul lives, I will peril the loss of
It would be recollected that originally, no every temporal hope before I will act or aid in
other than one professing to be a Christian, could any declaration that Maryland withdraws herself
hold office. Some thirty years since, while he from the Christian families of the earth.
was a member of the State Senate, a clamor was  Mr. RANDALL said this was a provision similar
raised against the Constitution, because it exclu- to that which prevailed in England, where there
ded Jews. Under pretence of admitting Jews, was an established church, and that country had
the attempt was made to admit infidels. Itfailed, not been unchristianized, as the gentleman from
and after a long struggle, the Constitution was so Kent, (Mr. Chambers,) apprehended we were
far changed, as to admit a Jew to hold office, about to be by adopting this amendment. As
who would profess his belief in a future state of there seemed to be some doubt as to the law which
reward and punishments. It was no part of his governed this matter in England, he would read
purpose now to renew the discussions in which one or two authorities on the subject. He then
he, at that time, participated. A proposition is read extracts from Greenleaf, Smith's leading
now before the chair, which he deeply regretted cases, and other law writers, sustaining him in
to see the learned gentleman from Anne Arundel, his position that a witness was competent who
(Mr. Dorsey,) submit-the direct effect of which believed in the existence of a Supreme Being,
would be, to demolish the partition which divided who would punish perjury whether that punishthe Christian and the unbeliever. Sir, (said Mr. ment would be in this world or in the world to
C.) this is a Christian community-the Holy come. If the principle had not proved dangerous in
Bible, as the revelation of God's will and word, England, he saw no reason to apprehend that its
is a part of the law of the land, adopted by the operation would be dangerous here. In almost
common law of England, and with the other all the States of the Union, and in England, laws




216
have been passed enlarging the competency of Carter, Stewart of Caroline, Harbine and Dawitnesses and refusing the objection to their vis-27.
credibility. So that in adopting it here, we are  So the amendment was adopted.
only keeping up with the progressive spirit of  The question then recurring on the adoption
the age.                                    of the thirty-third section, as amended,
Mr. DORSEY objected to the substitute as in-  Mr. JOHN NEWCOMER moved to amend it, by
sufficient to carry out the purpose which the striking out the word"duty," and inserting the
mover had in view. When all that it proposed  word "privilege."
to accomplish was effected, a great part of the  Mr. N. said, it seemed to him that "privilege"
ground would have to be gone over again. He was the better word.
thought the subject of religion should not be mix-  Thequestion was taken, and the amendment
ed up with legislation. We live in a country of was rejected.
universal toleration, and that principle ought to  And then the article as amended, was adopted.
be carried out in relation to the competence of  The thirty-fourth article was read as follows:
witnesses, and also with reference to persons who  Jlrt. 34. That every gift, sale or devise of
may be selected by the people as their agents, lands, to any minister, publicteacher, orpreachwithout attempting to restrict them  in thei r of the gospel, as such, or to any religious sect,
choice. He should vote against the substitute.  order or denomination, or to or for the support,
The question was then stated to be on the sub- use or benefit of, or in trust for any minister,
stitute of Mr. RANDALL.                     public teacher or preacher of the gospel, as such,
or any religious sect, order or denomination, and
Mr. WARE asked the yeas and nays, which   every gift or sale of goods or chattels, to go in
were ordered, and being taken, resulted as fol- succession, or to take place after the death of the
lows:                                       seller or donor, to or for such support, use, or
Affirmative-Messrs. Donaldson, Randall, Sell- benefit; and also every devise of goods or chatman, Bond, Brent of Charles, Merrick, Buchan- tels to or for the support, use or benefit of any
an, Welch, Crisfield, Eccleston, Miller, Tuck, minister, public teacher or preacher of the gosGeorge, Dirickson,Sappington, Magraw, Gwinn, pel, as such, or any religious sect, order or deFiery, Hollyday, Ege and Shower-21.         nomination, without the leave of the legislature,
Jebgative-Messrs. Chapman, President, Mor- shall be void; except always any sale, gift, lease,
gan, Hopewell, Lee, Chambers of Kent, Mitch- or devise of any quantity of land, not exceeding
ell, Dorsey, Wells, Weems, Dalrymple, Bell, five acres for a church, meeting or other house
Chandler, Ridgely, Sherwood of Talbot,Colston, of worship, and for a burying ground, which shall
John Dennis, Dashiell, Williams, Hicks, Phelps, be improved, enjoyed, or used only for such purChambers of Cecil, McLane, Bowie, Sprigg, Mc- pose; or such sale, gift, lease or devise shall be
Cubbin, McMaster, Fooks, Shriver, Gaither, void.
Biser, Stephenson, McHenry, Nelson, Carter,   Mr. PHELPS moved to strike out "five" acres,
Stewart of Caroline, Hardcastle, Brent of Balti- and insert "thirty."
more city, Ware, John Newcomer, Harbine, Mi-  Mr. P. said, he had had some experience in
chael Newcomer, Davis, Slicer, Parke and these matters, and he thought it necessary to inCockey-45.                                  crease the number of acres which may be grantSo the substitute was rejected.           ed, "for a church, meeting, or other house of
The question then recurred on the amendment worship, and fora burying ground." It had of
of Mr. DORSFY.                              late years become very fashionable and proper to
Mr. CHAMBERS asked the yeas and,nays:    lay out cemeteries, and "five" acres was not sufWhich were ordered.                       ficient for the purpose. He had been told that
Mr. BOW1E called for the reading of the amend- Greenwood Cemetery occupied one hundred
ment;                                       acres.
Which was again read.                       Mr. MICHAEL NEWCOMER opposed the motion
of Mr. PHELPS, and suggested that one acre
The question on the amendment was then tak-   Mr. PE       and suggested that one acre
en, and restion on ulted as follows:  -atr~  of land in the county which he, [Mr. N.,] repres~grmven, and resulted as,~ fopllowcs:   sented, was worth thirty in the county of Dorffirmaiive —Messrs. Morgan,Hopewell, Mitch- chester. (Laughter.)
ell, Dorsey, Wells, Randall, Kent, Sellman,           nvrtn fow
Bond, Sollers, Brent of Charles, Buchanan, Bell,
Welch, Ridgely, Colston, Eccleston, Chambers,  Mr. BLAKISTONE moved to strike out the whole
of Cecil, Miller, McLane, George, Dirickson, section.
Thomas, Shriver, Gaither, Biser, Sappington,  Mr. PHELPS said that scarcely a year passed,
Magraw, Nelson, Gwinn, Brent of Baltimore without an application being made to the Legiscity, Ware, Fiery, John Newcomer, Michael lature, for an appropriation for the enlargement
Newcomer, Weber, Hollyday, Slicer, Parke, Ege, of grave yards. There was certainly nothing imShower and Cockey-42.                       proper in such an object, and the spirit of beautiJV'cgative-Messrs. Chapman, President, Lee, fying and improving these grave yards, ought to
Chambers of Kent, Donaldson, Weems, Dalrym- be encouraged by every gentleman on this floor.
pie, Merrick, Chandler, Sherwood of Talbot,   Mr. STEPHENSON called for a division on the
John Dennis, Crisfield, Dashiell, Williams, motion of Mr. PHELPS, so that the question should
Hicks, Phes,, Bowie, Tnck, Sprigg, McCub- be taken, first, on the motion to strike out.
bin, McMaster, Fooks, Stephenson, McHenry,    A division was ordered.




217
The question having been taken, the Conven- there was, he (Mr. H.) was prepared to vote for
tion, by ayes 27, noes 32, refused to strike the section. But he could see no possible dangout.                                       er. That age had long, long, since passed away.
The question then recurred on the motion of True, the old Constitution had a similar provisMr. BLAKISTONE to strike out the thirty-fourth ion, but then it was formed when times were
article.                                   very different from what they are now. ReligiMr. STEPHENSON called the yeas and nays.  ous prejudices then weighed powerfully; bigotry
Mr. LEE offered the followed amendment.  and superstition, the relic of ages gone by, still
"Insert after theword worship,' in the twelfth had their influences, hence it was natural that
line, the words'or parsonage.'            men of that day, should have great dread of the
The amendment was agreed to.             property monopolies of religious persons and
The question again recurred on the motion of corporations. Yet even in the old Bill of Rights,
Mr. BLAKISTONE.                            it was provided that by leave of the Legislature
Mr. PARKE moved to amend said article by in- any amount of property might be given and sold,
serting after the word "acres," in the twelfth purchased and received, and when has the Leline, these words, "or the value of ten thousand gislature refused to grant such leave? Mr. H.
dollars."                                  said this question had arisen at a time he had not
Mr. BLAKISTONE said, by the advice of gentle- anticipated, and therefore he had not examined
men around him, he would withdraw his amend- it fully, but he was prepared to say, that in very
ment.                                      many, if not in the Constitutions of all the other
So the motion to strike out the thirty-fourth  States of this Union, no such provision as the
article was rejected.                      section under consideration could be found. He
The question then recurred on the amendment would then ask that if not necessary in other
of Mr. PARKE.                              States, was it necessary in ours? If the evils
Mr. DonsEX expressed his belief, that if this which this provision was intended to prevent did
amendment should be adopted, it would be an not exist in other States, whose organic law conabandonment of the principle of prohibiting gifts tained no clause of this character, would such
or devises of lands to churches, ministers of the evils exist among our people without it? Most
gospel, &c., and would lead to the engrossing of certainly not. Why then encumber our Bill of
a large portion of the real property of the State by Rights with such a provision? Why have such
the clergy. Wehave made a more liberal allowance restrictions-why make such distinctions without
of such gifts and devises, than was tolerated in the causes that fully justify?
last bill of rights. If, as is proposed by the  Mr. STEPHENSON asked the yeas and nays on
amendment offered, a devise of lands, worth the motion of Mr. JOHN NEwCOMIER, which were
ten thousand dollars, by one testator, to a priest ordered.
or other minister of the gospel, is tolerated, by a  Mr. WEEMs expressed his intention to vote
succession of such devises, lands to an indefinite               He had no objection to
amount in quantity and value, may be placed in the Church holding as much property as mighthe Church holding as much property as mighmrortmain, in violation of the best interests of the be desired. But as there are so many sects all
State, and against every principle of public ready in existence, and others might arise, they
policy.
The question was then taken on the am    might, in process of time, run all over the State,
me of M. P   and it was rejected  and possess themselves of all the most valuable
ment of Mr. PARKE, and it was rejected.                    beliee that all Church propMr. JOHN NEWCOMER now renewed the mo- land. And as he believed that all Church proptioMr.  BLAKOTONE, to strike out  the tiro- erty was exempted from  taxation, the effect
tion of Mr. BLAKISONET to strikeout the thirty- might be to produce a great diminution of the
ouMr. HA    E sd he hped the m    n of    revenue which the State derives from taxes. For
Mr. HARBINE said he hoped the motion of his this reason and not from any hostility to the
colleague, (Mr. John Newcomer,) to strike out Church he should vote against the amendment.
the entire section, would prevail. The section  u,     ul
denied the rights of persons to give, sell or devise,  The question was then taken, on the motion
and of religious corporations and clergymen as of Mr. JOHN NEWCOMER, to strike out the secsuch, to receive of such persons, lands, goods;and tion, and the result was as follows:
chattels. He held that every owner of property  Bffirmative.-Messrs. Randall, Kent, John Denhad the right to make whatever disposition of it nis, Hicks, Eccleston, Phelps, Miller, McHenry,
he pleased, provided such disposition, did not in- Ware, Jr., John Newcomer, Harbine and Showjure the community at large. He also held the er-12.
right of corporations and individuals to receive,.Negative.-Messrs. Morgan, Hopewell, Lee,
and purchase property subject to the same con- Chambers of Kent, Mitchell, Donaldson, Dorsey,
dition. These principles of right wereso plain Wells, Sellman, Weems, Dalrymple, Brent of
as to require no discussion. All institutions and Charles, Merrick, Buchanan, Bell, Welch, Ridgepersons should, as near as circumstances will pos- ly, Sherwood of Talbot, Colston, Crisfield, Dasibly permit, be placed upon the same broad shiell, Williams, McLane, Bowie, Tuck, Sprigg,
principles of right and equality. Any other doc- McCubbin, George, Dirickson, McMaster, Fooks,
trine at this era of progress, was behind and un- Jacobs, Thomas, Shriver, Gaither, Biser, Sapworthyof the age. Butis it in any manner pro- pington, Stephenson, Magraw, Nelson, Carter,
bable, that the exercise of these rights, prohibit- Stewart of Caroline, Hardcastle, Gwinn, Pressted by this section, would operate to the injury man, Fiery, Michael Newcomer, Davis, Weber,
of the people and institutions of this State? If Hollyday, Slicer, Parke, Ege and Cockey-55.
28




218
So the Convention decided that the section seemed to him to be entirely unnecessary. His
should hot be stricken out.               amendment, if properly understood would be
The question then recurred and was taken on found to contain all that the previous article had
the adoption of the said thirty-fourth article, and contained, and it would have this advantage,
having been decided in the affirmative, the arti- that it greatly simplified the former provision.
cle was adopted.                            The question was then taken, and, by ayes 24,
The thirty-fifth article was then read, and no noes 32, the amendment was rejected.
amendment having been offered thereto, was  The question then recurred on the adoption of
adopted as follows:                       the said thirty-sixth article.
J/rt. 35. That no other test or qualification  Mr. CHAMBERS, of Kent, moved to amend the
ought to be required, or admission to any office said article by striking out all after the word
of trust or profit, than such oath of support and " oath," in the tenth line, to the end thereof.:
fidelity to this State and the United':States, and  The question was taken and the amendment
such oath of office as shall be directed by this was agreed to.
Convention or the Legislature of this State.  Mr. RANDALL moved to amend the said article
The thirty-sixth article was read as follows:  by adding at the end thereof, the following:.Jrt. 36. That the mannner of administering  "And that an oath may be legally administeran oath to any person ought to be such as those of ed to any person who believes in a state of futhe religious persuasion, professionor denomina- ture rewards and punishments by a Supreme
tion of which such person is one, generally es- Being in this life or in the life to come."
teemed the most effectual confirmation by the at-  The PRESIDENT, pro tem., intimated his opintestation of the Divine Being, and that the peo- ion that the amendment having been once voted
pie called Quakers, and those called Tunkers, down, was not in order.
and those called Menonists, and all others con-  Some conversation followed on the point of
scientiously scrupulous of taking an oath on any order, when,
occasion, ought to be allowed to make their  The PRESIDENT, pro tent., said he would put
solemn affirmation in the manner that Quakers the question.
kave been heretofore allowed to affirm, and to be  After some further conversation,
of the same avail as an oath, in all such cases as  The question was taken and the amendment of
the affirmation of Quakers hath been allowed and Mr. RANDALL was rejected.
accepted within this State, instead of an oath.  And then the article, as amended, was adoptAnd on such affirmation, warrants to search for ed.
stolen goods, or the apprehension or commitment  The thirty-seventh article was read as follows:
of offenders, ought to be granted, or security for  JArt. 37. That the city of Annapolis ought to
the peace awarded, and Quakers, Tunkers, Men- have all its rights, privileges and benefits, agreeaonists and such others ought also, on their solemn ble to its Charter and the Acts of Assembly conaffirmation as aforesaid, to be admitted as wit- firming and regulating the same; subject, nevernesses in all criminal cases.             theless, to such alterations as have been made by
Mr. PARKE moved to amend it by striking out the Legislature or as may be made by this Conall after the word "being," in the fourth line, to vention or any future Legislature.
the end of the said article, and inserting in lieu  Mr. BlsER moved to strike out the said artithereof the following:                     cle.
"And all persons who are conscientiously scru-  A motion was made that the Convention adpulous about taking an oath on any occasion, shall journ.
be allowed to make their solemn affirmation, in  The convention refused to adjourn.
the manner heretofore practised, which shall be  After some conversation,
in all cases of the same avail as an oath.   The question was taken on the motion of Mr.
Mr. BowIE said he understood that the reli- BISER;
gious creeds of some sects interdicted them from  And the amendment was rejected.
taking an oath. These had therefore been per-  The thirty-seventh article was then adopted.
mitted to substitute their solemn affirmation.  The thirty-eighth, thirty-ninth, and fortieth
Formerly, every man was obliged' to take an articles of the report were. then read, and no
oath. Any man who may choose to say that he amendment having been offered thereto, were
is connected with a certain sect, and that his adopted as follows:
scruples of conscience forbid him from taking an  J.rt. 38. That the libertyof the press ought to
oath, may now escape. It was likely, in his opin- be inviolably preserved.
ion, to open the door to great frauds.      Art. 39. That monopolies are odious, contrary
Mr. DONALDSON stated that on reference to the to the spirit of a free government and the princiold Constitution, it would be found that all the ples of commerce, and ought not to be suffered.
different sects were enumerated. Qua kers, Tunk-  flrt. 40. That no title of nobility or hereditary
ers or Menonists, are all embraced in the old bill honors, ought to be granted in this State.
of rights.                                  The forty-first article was read as follows:
Mr. PARKE said that he did not wish to keep  J/rt. 41. That this declaration of rights, or the
this array of names in the bill of rights. He de- form of government to be established by this Consired to embrace all who were conscientiously vention, or any part of either of them, ought not
scruplous on the subject of taking an oath. Be- tobe altered, changed or abolished, but in such
sides this, he saw no necessity for retaining the manner as this Convention shall prescribe and
last part of the article. That part of the article direct.




219
Mr. THOMAS gave notice that he should make have been elected or appointed, and shall have
no objection to the adoption of this article, but qualified as such; and all rights, powers and obshould.vote for it, with a view of enabling him ligations incident to Howard District of Anne
at the proper time to move a reconsideration of Arundel county, shall attach to Howard county.
the vote of the Convention thereon.          The report having been read,
Mr. PRESSTMAN gave notice that it washis in-          mod       i b pin, 
tention to have voted with a similar design, if the  M. DORSEY moved that it be prted, nd
gentleman from Frederick, (Mr. Thomas,) had    ade the order of the day for Wednesday
not indicated his purpose to do so.          Mr. SPENCR, (to Mr. Dorsey) Is it likely
The question was then taken,
Th^e           ^ questionewas thentakenMr. SPENCER, (to Mr. Dorsey.) Is it likely
And by ayes 43, noes 14, the forty-first article that any objection will be made to the report, or
that it will lead to debate?
was adopted.
Mr. DAVIS offered the following amendment:  Mr. DORSEY said, he could not hear the gen-./rt. 42. The legislature shall encourage by all tleman from Queen Anne's, (Mr. Spencer.)
suitable means, associations for the diffusion of  Mr. SPENCER repeated his question.
knowledge and virtue, for the promotion of   Mr. DORSEu   said, he had  no information
literature, the arts and sciences, agriculture, com- whch would enable him to answer theenuiry.
merce and manufactures and for the general   Mr. SPENCER suggested that if debate was not
meliorationof the wants and conditions of the likely to arise, it would be better that the Conpeople.                                    vention should act upon the report at once. Were
Mr. PRESSTMAN moved to amend the amend- there, he enquired, any other gentlemen here
ment, by striking out he word "suitable," and from Anne Arundel, who could answer the quesinserting the word "Constitutional."       tion?
After some conversation,                   Mr. SELLMAN speaking from the frontier seats
Mr. PRESSTMAN withdrew his amendment.      as understood to say, that, so faras his knowlThe question then recurred on the amendment edge extended, the report met with the approbaof Mr. DAVIs.                              tion of the people of Anne Arundel county proAnd pending the question:                per. He had never heard any objection to the
The Convention adjourned, until to-morrow  proposition.
morning at 11 o'clock.                       Mr. PHELPS said, the question involved in the
report, was an important one, and that he wished
it postponed until after the representation ques— ~~~____ ^^   ~       tion should have been settled.
The question was then taken on the motion of
Mr. DORsEY; and
Was decided in the affirmative-ayes 44,
SATURDAY, February 8th, 1851.       noes 8.
The PRESIDENT, pro tern. (Mr. Tuck, of Prince  So the report was ordered to be printed,
George's,) called the Convention to order at and
eleven o'clock.                              Was made the special order of the day for
Prayer was made by the Rev. Mr. GRIFFITH. Wednesday next.
The roll was called.                             THE LEGISLATIVE DEPARTMENT.
The journal of yesterday was read and approved.                                      Mr. PHELPS gave notice that he would at the
Mr. JOHN NEWCOMER said, that if there was proper time, offer the following amendments to
no other business before the Convention, he the report of the committee on the legislative dewould move that the Convention proceed to the partment of the government:
orders of the day.                           Strike out sections second, seventeenth and
HOWARD DISTRICT.               eighteenth, and insert the following sections, as
numbered, in their stead; also, insert sections
Mr. DORSEY, chairman of the select commit- thirty-seventh, thirty-eighth, thirty-ninth, and
tee respecting the formation of New Counties, fortieth, to come in between the thirty-sixth rand
submitted the following report:            thirty-seventh sections of the report.
The select committee appointed to consider  Sec. 2nd. The Senators shall be elected by the
andreport respecting the formation of new coun- qualified voters of this State, for the term of four
ties in this State, beg leave to make the following years, and the delegates in like manner, for the
report, and recommend its adoption as an article term of two years from the day of the general
of the Constitution about to be formed.    election; and the regular session of the General
T-THOMAS B. DORSEY, Chairman.    Assembly shall be biennial.
Article. That part of Anne Arundel county  Sec. 17th. Bills for raising' revenue or levying
called Howard District, is hereby erected into a taxes, shall originate in the House of Delegates,
new county to be called Howard county; the in- but the Senate may alter, amend or reject them
habitants whereof shall have, hold and enjoy all as other bills. All other bills may originate in
such rights and privileges as are held and en- either House, and be amended, altered or rejectjoyed by the inhabitants of the other counties in ed by the other, but no bill shall become a law
this State; and its civil and municipal officers at without being read upon three several days in
the time of the ratification of this Constitution each House, only in cases of great urgency, twoshall continue in office until their successors shall thirds of the House in which the bill shall be




220
pending, may dispense with the rule herein pro-       PERSONAL EXPLANATION.
vided for the reading of the bill upon three sever-  r   r
al. days~~~.1   - ~Mr. DORSEY rose and said:
al days.
S.1c. 18th. No bill shall become a law unless it  It is with extreme reluctance that, in consereceive the concurrent vote of a majority of the quence of the remarks made by the gentleman
members present in both Houses.             romBaltimore, in which 1 am held up before
Sec. 37th. Any citizen of this State who shallthis body and intended so to be heldup, I preafter the adoption of this Constitution fight a duel sume, before the public, as guilty of the grossest
with deadly weapon, or send, or accept a chal-dereliction of official duty as one of the Judges of
lenge to fight a duel with deadly weapons, either the Court of Appeals, I rise to communicate a
in or out of the State, or who shall act as sec- few facts within my own knowledge; but which
ond, or knowingly aid or assist in any manner are unknown, for the most part to the members
those thus offending, shall be deprived of holding of this Convention. I should, in immediate reany office of trust or profit under this State.  sponse to the gentleman from Baltimore, have givSec. 38th. No new lottery grant shall be au- en the explanation I now offer, but I did hope that
thorized by the Legislature of this State.  he would have made such inquiries above stairs,
Sec. 39th. It shall be the duty of the legisla- (where the means of information were abundant,)
ture to pass such laws as may be necessary andas would have enabled him to ascertain the corproper to decide differences by arbitration when  ectess of the information received by him from
the parties may elect that method of trial.  his informant; and  that eventI expected from
Sec. 40th. All property both real and personal, him such explanatory statements as would have
rendered any remarks from me on this subject,
of the wife owned or claimed by her before mar-  red any remarks from me o    this subect,
riage, and that acquired by gift, devise or de- wholly unnecessary. But in this expectation 1
scent, shall be her separate property, and laws have been to my regret, disappointed.
shall be passed by the legislature, more clearly  The impressions made upon this body by the
defining  e   s the wrighe                 statements of the gentwife in  relation to  have no
separate propertys. oftewf   rltoo       rdoubt, not only that the Court of Appeals had
separate property.
Which was read.                          been adjourning day after day from the want of a
M P wsa hegad  ts nc  n,  i    constitutional quorum for the transaction of its
Mr. P. said he gave this notie now, in rder business,to the great hindrance and delay ofthe adthat the Convention might have an opportunity ministration ofjustice; and that I had greatly conto examine the amendment.                  tributed to produce this inconvenienceby wholly
CHURCHES AND CHURCH GOVERNMENT.       absenting myself from the Court and having no
Mr-. B A e iparticipation in its labors; or paying any attenMr. BUCHANAN enquired of the,chair, whether tion to its progress with the business before it.
there was any business before the Convention?  Sir, this could not have been the meaning of the
The PRESIDENT, pro ter, answered in the gentleman, for he well knows that since this
negative.                                  Convention has been assembled, he argued before
Mr. BUCHANAN said, he had received a petition me, as one of the Court, with two other counsel,
from a very respectable citizen of the city of a case of no inconsiderable length, difficulty and
Baltimore. He, (Mr. B.,) declared that he did importance; that I participated in its decision,
notknow exactly what to do with it. It seemed and drew the opinion of the Court in the case
to him that the petition was respectful. The which has been for sometime filed. And the inpetition was entitled to be heard, and he, (Mr. formant of the gentleman on whose statement his
B.,) could see no reason why he should not be remarks were predicated, since the Christmas
heard. He did not know precisely to what corn- recess, argued also a case before me, in which I
mittee it should be referred. [Mr. B. explained believe his speech consumed an entire day.
the petition. It came from James P. Kennedy,  I understood the gentleman to say, that I am
and related to the building of churches and to not here as a representative of the sovereign peochurch government.]                        pie of the State; butwas only selected by a portion
Mr. B. moved its reference to committee No. of the people of Anne Arundel county. This
14-(not knowing, he said, any other committee assertion proves rather too much. If true, it
to which it more appropriately belonged.)  shows that the people of the State have no repreMr. MITCHELL called for the reading of the sentatives in this body; although we are sitting
petition.                                  here preparing a Constitution for their adoption
The petition was read and created much and government. It proves that our Revolutionamusement.                                 ary ancestors in 1776, who framed our ConstituThe propriety of the reference of the paper, tion at that period, were not the delegates of the
gave rise to some desultory discussion, in which people of the State; that no Constitution perhaps
Messrs. JENIFER, BUCHANAN, THOMAS and SOL- of any State in the Union was framed by the reLERS took part, when                       presentatives of the sovereign people. Such a
Mr. JENIFER moved that the petition be laid on doctrine has nothing to sustain it. Each and all
the table.                                 of us in this body are as much the representatives
The question was taken, and, by ayes 23, noes of the people of the State as if elected by a gen25, the Convention determined that the petition eral ticket or popular vote of the whole people
should not be laid on the table.           of Maryland. My authority to withdraw from
And then the petition was referred to corn- the Bench of the Court of Appeals to serve as a
rnittee No. 14.                            member of this body, I believe to be as fully es



221
tablished, by the passage of the Act of Assembly, statement as correct, and that no such adjournits adoption by the, people, their subsequent elec- ment would have taken place but for the prestions and our Convention thereunder, as if this ence of two,of the Judges in this Convention.
Convention had been assembled after the most  In making these remarks previously, he wishsuccessful, forcible, and revolutionary struggle. ed every one to observe that he had only done so
But when I came here I made up my mind that in answer to Mr. CHAMBERS' assertion that there
my attendance on the Convention should not pre- had been no delay, and he Mr. B. wished it to
vent there being a constitutional quorum for the be understood that there was no blame on the
dispatch of business in the Court of Appeals. Of judges who were out of the Convention. He had
that determination I notified the Court, and re- written to his informant, and if he had done
quested that I might be sent for when an emer- injustice he would publicly acknowledge it.
gency required it. And day afterday, and longer  The PRESIDENT, pr tern., announced the orders
than there was any occasion for it, I visited the of the day.
Court, and from time to time sat therein when it       THE BILL OF RIGHTS.
was necessary for me to do so. I have no
knowledge of the Court being adjournnd for want  The Convention proceeded to the consideration
of a constitutional quorum; nor do I believe that of the Report of the Committee on the Declaraany such adjournment ever took place. Of my tion of Rights.
determination in relation to the Court of Appeals  The pending question was on the amendment
I made no communication to my friend from  offered yesterday by Mr. DAVIS.
Kent; being apprehensive if I did so, that he  Mr. DAVIS was entitled to the floor.
might have offered to alternate with me. I was  Mr. CRISFIELD suggested that, as the gentleunwilling that he should have done so; being of man from Montgomery (Mr. Davis) was indispoopinion that his services here were more valu- sed, and could not, therefore, proceed with his
able and important to the business of this Con- remarks to-day, the Convention should take up
vention than mine were. On one occasion, and some other business.
only one, when I visited the Court of Appeals at  Mr. SOLLERS alluded to the fact that a comabout its hour of meeting, I found that it had ad- mittee had been appointed to arrange the seats
journed a few minutes before; and fearing, that in a certain quarter of the hall, and said, that as
my absence had caused its adjournment, I ex- time would be required for the purpose, he would
pressed my regret and asked why I had not been move that the Convention adjourn until twelve
sent for according to my request; when I was in- o'clock on Monday next.
formed that the court had adjourned, not because  But Mr. S. waived the motion to enable
it was notin a condition to proceed with its busi-  Mr. GEORGE to give notice of his intention to
ness; but because counsel had asked the indul- Offet the following articles as amendments to the
gence, not being prepared to argue the case Bill of Rights:
which had been called up for argument.       rft. 43. The amount of debts hereafter conMr. BRENT, of Baltimore city, said that he tracted by the Legislature, shall never exceed
regarded the' statement of the gentleman from  one hundred thousand dollars, except for the deAnne Arundel County as calculated to impeach fence of the State; unless such debt shall be authestatement made by him the other day.   thorized by a law for the collection of an annual
Mr. DORSEY explained that nothing was fur- tax or taxes, sufficient to pay the interest on such
ther from his intention, as he was sure the gen- debt as falls due, and also to discharge the printleman from Baltimore fully believed his state- cipal of such debt, within fifteen years from the
ment to be correct.                        time of contracting the same, and the taxes laid
Mr. BRENT resumed, that he did not suppose for the purpose shall never be repealed or applied
that the gentleman meant to charge him, with to any other object, till the said debt and the inintentional mistatement. But until he was sat- terest thereon shall be fully discharged.
isfied he must believe and reaffirm that the busi-  J't. 44. The assent of two-thirds of the memness of the Court of Appeals had been delayed bers elected, to each branch of the Legislature,
for want of a quorum. He doubted whether shall be requisite to every bill appropriating the
Mr. DORSEY's explanation would bear investiga- public money, or pledging the public faith, for
tion. The solution of the matter I suppose to local or private purposes; and the Legislature
be this, that as the cases were reached in their shall not have the power to make appropriations,
order, there was no quorum, because one of the loans or subscriptions to any work of internal
three judges in attendance, was disabled from  Improvement.
sitting, owing to his having decided the case be-  The question then recurred and was taken on
low. In that condition of things there was no the motion of Mr. SOLLERS, and, having been
Court to try the cases as the counsel came to decided in the affirmative,
argue them under the rules of Court, but the  The Convention adjourned untilMonday mornCourt looking ahead on the docket and seeing a ing at twelve o'clock.
remote case in which the three judges could sit,
would agree to take up that case out of its order,      --
but the counsel being of course unprepared to
argue that case. the Court was compelled to ad-       MONDAY, February 10th, 1851.
journ over without any fault of counsel as inti-  The Convention met at twelve o'clock, in purmated by Mr. DORSEY, but really because there suance of the order of Saturday last.
was no quorum-so that Mr. B. regarded his    Prayer was made by Rev. Mr. GRAUFF.




222
The journal of Saturday was read and ap- past history of the State? Why nothing but
proved.                                     partial legislation-profuse, wasteful, prodigal,
legislation, for some interests, while others are
MR. CHANDLER, OF BALTIMORE COUNT1. 
almost, if not totally neglected-and in some inOn motion of Mr. BUCHANAN, it was ordered stances an indisposition even to recognize that
that it be entered on the journal, that H. J. there is such an interest in the commonwealth.
ChandlerEsq., is detained from his seat in the To prove that I am correct, I shall be obliged to
Convention, because of sickness in his family.  refer to past legislation, and this will bring me
The PRESIDENT, pro ter., [Mr.TucI, of Prince in contact with the representative from the city
George's,] called for reports from committees.  of Baltimore,whose opposition I regret to find I
No reports were made.                     have already encountered.
Motions, resolutions, and notices were also cal.  In referring to the past legislation of the State,
led for.                                    and tracing, as the history of the times, leads me
There being no other business before the Con- at almost every turn to the city of Baltimore, I
vention,                                    beg distinctly to disclaim any feeling of hostility
The PRESIDENT, pro tern., announced the un- to that city. My associations and my connecfinished business of Saturday, being        tions are there-and what little of this world's
goods I possess, is mainly dependent for its value
THE BILL OF RIGHTSupon her prosperity. And, sir, as a MontgomerThe Convention resumed the considerationi of ian, I claim that Baltimore is largely indebted to
the order of thoeday, being the report submitted her for her present rapidly growing prosperity.
by Mr. DonsEY, on the 11th ult., as chairman of Proud as she is, and ought to be, of her monuthe committee on the declaration of rights.  ments, whenever future generations shall decide
The pending question was on the following upon her greatest and noblest monument, her
amendment of Mr. DAVIS:                     rail road, its founder and projector will be found
Insert as an additional article the following:  to be a JMontgomerian, and posterity will ackowl"The Legislature shall encourage by all suita- edge him to have been one of the greatest beneble means, associations for the diffusion of know- factors of your city. If I go into some of her
ledge and virtue, for the promotion of literature, churches, adorned with skill and ornament and
the arts and sciences, agriculture, commerce convenience, and enquire into its history, I am
and manufactures, and for the general meliora- told, this is the munificence of a Jllontgomerian.,tion of the wants and conditions of the people." If I inspect some of your noblest warehouses, in
Market, in Hanover and in German streets, I am
Mr.'DAvIS was entitled to the floor. He said: told, they are the property of a Montgomerian. If
Jtr. President: I beg leave to return rmy ac- I stroll to the Park, there to admire her stately
knowledgments to the Convention, for their kind mansions, I am told, these, that and yonder, are
consideration in not forcing me into this debate all owned and built by a Montgomerian. If I go
on Saturday, when I was physically unequal to further west, and stop to look at a large excavathe task. Although still unwell, 1 cannot pre- tion-with foundation walls thick and heavy, and
sume longer on the indulgence of this body-but with strength sufficient for a massive superstrucwill endeavor to requite its kindness by being as ture, I am told, here too, the munificence of a
brief as possible.                          Jlontgomerian is conspicuous-and if I return to
Never, Mr. President, have I risen undermore the city, and begin to count your houses-to inembarrassment, than on the present occasion. spect the solid material from which they are
An embarrassment produced, first by the variety constructed, I am told this too gives evidence of
and'importance of the questions which I have had the skill, the industry and fidelity of a lMontgomthe honor to present-and secondly by my utter erian. It is impossible then, with recollections
inability to do any thing like justice to them. J like these-with associations and ties of interest
must then claim the patient indulgence of this -for me to entertain any other feeling, than that
body, while I present a few facts and considera- of respect, for her people, and admiration at her
tions in favor of the adoption of the article I have growth, her enterprise and her intelligence.
offered.                                      But while I cheerfully accord all this to BaltiWe are assembled here, Mr. President, to more, she has a quality which I feel bound to say
form a new Constitution-the foundation of a I cannot admire. I mean her commercial selfishGovernment. What is a Government? It is the ness-nay, sir, I may add, her political selfishness.
head-the common protector and defender of the When I see her representatives here, seeking for
State. For its support, we surrender a portion Baltimore, political, as well as commercial agof our personal interest, and of our individual grandizement, at the expense of the rest of the
rights.                                     State, I should be false to my duty, asR an humble
If I am correct, in thus briefly defining the true representative from one of the counties, if I did
meaning of Government, that it is the common not enter against it my deliberate protest.
head and protector of all classes and all interests  Well, Mr. Prqsident, what do we find. I have
in the State-and that it is supported by all clas- proposed that we shall insert an article in the
ses and all interests, I cannot be wrong in claim- bill of rigrhts, to encourage associations, whose obing, that it shall ba impartially administered, as ject is to advance and promote the various interfar as possible, for the benefit of all classes and ests in all classes, and of all parts of the State.
all interests.                              I do not propose even to exclude associations
Well, sir, what do we find by looking into the which heretofore have been so liberally patron'



223
ized. I do not wish, however, to be understood  Against all this, I utter not one word of comas advocating a profuse expenditure of public plaint.
money for any of those objects-far from it. At  Again, sir; the inspection laws. For whose bena proper time 1 shall vote for a limit upon the efit are they? Forthefarmers or for the merpowers of the Legislature over State credit. But chant; and who pays the cost? If 1 buy and sell
I do advocate by the Legislature a recognition of in the country, as farmers and millers sometimes
any and every interest which contributes to make do, I have to depend upon my own judgment';
up the whole body politic, and to sustain and sup- but if I take a load of flour to Baltimore before I
port theGovernment. Nay,farther;l advocate such can sell it, I must pay for its inspection; and when
an employment of the means of the State,as in the I buy plaster or guano in return I find inspection
judgment of the Legislature may be necescary to charged upon my bill. So all this handsome revaid useful associations,whose object and tendency enue from the city of Baltimore, which entitles
is to make us more intelligent,more virtuous,more her to so much credit for patriotism and distincuseful and happier, and better citizens. That tion upon the books of the Treasury, as had been
some of the objects enumerated in the article claimed, will be found to have been wrung from
proposed have been well patronized by the State, the hard earnings of the farmer, to save your citis abundantly proved by an examination of the izens the trouble of exercising a little judgpast acts of Assembly. Literature, for example, ment for themselves.
including law and medicine, has received a very  From an examination of the Treasurers relarge share of patronage from the State, while port, it appears that the State receivedassociations for the general diffusion of. knowledge and virtue among the people have been  r woohucstes, pad by the selneglected. It may perhaps be new to some to.    873 00
learn, that the State has endowed a professorship Hay scales, paid by the seller,. 854 95
of law to the tune of 14,200.    Live stock scales, paid by the seller, 15,018 58
And from  the tobacco inspection,
And here, Mr. President, permit me to re-     from the toao inse    ctin,
mark, that if I could believe, that human nature   nett evenue,.. 30,217
were as weak as has been argued upon this floor,  This latter fund is exclusively devoted to
I possibly might be induced to vote to exclude a building up large warehouses to adorn and add
much larger class, from all future Conventions, to the wealth of your city. The inspection of
than has been proposed. But I believe no such one dollar per hogshead has been removed to
thing. And while I admit the weakness and gull the planters, but the outage of $1.25 from
frailty of human nature, unaided by reason, by which this fund is derived, is retained and conjudgment, and by conscience. I mus         stnow that stitutes a charge against the price of the article,
these faculties are given to us to check and con- when the planter goes to sell.
trol the waywardness of our nature. I can then  Against the injustice and practical working of
well understand, where reason and judgment are these inspection laws I do object. Again, sir.
directed by sound principles, how man can act We come to commerce: Commerce, is defined by
superior to his nature;'and from a sense of jus- lexicographers, to be the exchange of commoditice, and lofty motives of patriotism, rise supe- ties or the connection of one section of country
rior even to his own personal interest or partican with another. And how shall i begin to count the
feeling.                                   State's patronage and encouragement to this
But to return from this digression.      branch of my article? Neither by hundreds or by
For a professorship of law,  -  -  $14,200 thousands, or by tens of thousands or hundreds
Of medicine, for chemical apparatus -  6,500 of thousands-but by millions.
For arts and sciences,  -  -    -    2,000   For the encouragement of commerce the little
For infirmary,  -  -         -   -   3,800 State of Maryland has gone in debt $15,424,Besides this the State has granted to the same 381 46.
University, located in the city of Baltimore, a  For the encouragement of agriculture, $l,lottery for  -   -    -   -        100,000 000,000.
And a loan of State bonds to the amount      Except an appropriation of $500, ($6,000 00
of -                              30,000 less than was given to the Medical University as
And at a period of her heaviest financial de- has been shown,) to purchase an apparatus for
pression, relinquished an annual interest of about the State Chemist, and his salary since his ap$1500 upon this loan; which is'equivalent to an pointment, only three years ago up to last year, of
annual donation of that amount.            but $1,500.
Why the law school has never gone into ope-  What a miserable, pitiful, niggardly exhibit is
ration, I leave the gentlemen of the bar from the here presented against agricutture-the greatleadcity to answer-it is certainly no fault of the leg- ing interest of the State-thie interest which has
islature.                                  built up your city, freighted your ships, and susBesides this, State bonds to the amount of $97,- tains your lines of internal commerce. And how
947 30, have been issued for t*e Penitentiary, soon is this pitiful encouragement to agriculture
also located in Baltimore, and I apprehend chief- swallowed up for the benefit of commerce? Let
ly for the accommodation of her citizens. In ad- the tax bills from Worcester to Allegahy answer.
dition tothis, $3,000 have been appropriated by They furnish an array of living witnesses, a
the State to build the greatest ornament to your mountain of certificates, which all the eloquence
city-the lofty column raised to perpetuate the and ingenuity of her bar, distinguished as it is,
memory of the father of his country.       cannot weaken or obliterate.




224
Again, JManufactures, I also include in my ob-  I have thus, Mr. President, as briefly as I could,
jects of encouragement-not because it has been in my plain way, shown what interests have been
neglected, but because in framing a new govern- fostered and encouraged by the Legislature and
ment for the State, I do wish to preserve equal what neglected, and authorities for my propoand impartial justice to each and every interest. sition, from the constitutions of many of our sisThe liberal charters, and in some instances direct ter States. I have shown, I hope, conclusively
subscriptions to stock, ($10,000 to the Union so, that while literature, including law and mediManufactory Company,) will show the paternal cine, have been patronized and encouraged, and
regard, the State has had for this important commerce lavishly so, agriculture and associabranch of industry. Mechanics is so intimately tions for the diffusion of knowledge and virtue,
connected with manufactures that it is impossible have been neglected.  Shakspeare says, " Ignoto separate them. To this branch also, or rather rance is the curse ot God, Knowledge the wing
to the mechanics of Baltimore, a generous and wherewith we fly to Heaven."
paternal care has been shown by an annual do-  And its kindred virtue, as compared with relination to the Mechanics' Institution of Baltimore gion, is beautifully put by Dr. Watts, who says:
of $500.                                    Virtue teaches us our duty towards man-ReliA similar donation was applied for at the same gion our duty towards God."
session of the Legislature for the great State  Shall these innocent and useful associations
Agricultural Society, and was refused.      continue longer to be neglected. Will Maryland
It now remains for me to show authority, or suffer the reproach of continuing to be behind the
precedent for the proposition I have had the hon- times, in moral and social culture? Will she in
or to submit. And the first, because the most re- this enlightened age, at this period of moral, incent, to which I will call attention, is found in tellectual and physicial improvement, falter in
the California Constitution. The glittering gold her duty? For one, I trust not-I hope not. Let
of her hills and valleys has not even dazzled the us for a moment forget party strife-political
eyes of her law makers to what is just and right aggrandizement-and apply ourselves to the
and proper to the varied interests which may peaceful pursuits of life. Let the people of all
spring up in this land of promise. She has pro- classes, and all interests, throughout the length
vided in her fundamental law that "the Legisla- and breadth of. Maryland, see that their wants,
ture shall encourage, by all suitable means, the their wishes, and their interests, are thought of;
promotion of intellectual, scientific, moral and are cared for-are provided for.
agricultural improvement."                    We then shall have proved ourselves, to be in
Almost identically the language, though I was fact, as well as profession, their true representanot aware of it when I drew my article, which I tives. We then shall entitle ourselves to the
have employed-and this language appears to commendation of "well done good and faithful
have been,copied verbatim from the Michigan servants."  Mr. President, my task is done-my
Constitution-which I have reason to believe was duty performed-and in the language of the poet
drawn by that eminent statesman, Gen. Cass, now  I will say in conclusion,
so conspicuously before the country-for within a
few days past, I have had the honor to receive from  "To you the polished judges of our cause,
him an able and eloquent address delivered by  Whose smiles are honor, and whose nods aphim in October last, before the Agricultural So-  plause,
ciety of Calamazoo county, Michigan, in which I  Humbly we bend, encourage arts like these,
find the following cutting and well merited re-  For though the actor fails, he strives to please."
buke to the members of the National Legislature. 
He says in his conclusion: "My fellow citi-      TE-The             of   RTH CA      A,
zens, I come to you from a far different scene       at its reet sessio  asse a ill authoriig a
from this;,from a scene where there was neither at its recent session, passed a bill authorizing an
eye nor heart for the peaceful and prosperous la- agricultural, mineralogical, and botanical survey
of the State. The Governor is to make the apbors of agriculture. "
Neither an eye nor heart for the peaceful pur- pointment, and the surveyor is required personalsuits of agriculture  What a censure upon a ly, or by his assistants, "to visit every county in
Legislature, three-fourths of which were co  the State, and examine every thing of interest or
posed of the immediate representatives of the value in either of the above departments, to asagricultural interest. I trust, Mr. President, certain the nature and character of its products,
that this Convention will merit no such rebuke, and the nature and character of its soil, as well
but that we will show, by our action, that we as to give an account of its minerals."
have both an eye and a heart for the peaceful  Mr. JENIFER said that the views presented by
pursuits of agriculture, as well as all other inter- the gentleman from Montgomery, (Mr. Davis,)
ests in the'State.                         were well worthy of consideration here- and
Mr. President, I could multiply authority. 1 throughout the State; but he, (Mr. J.,) thought
could read from the Constitution of the granite that it was questionable whether the bill of rights
~State of New Hampshire-from Old Massachu- was a proper place for the provision.    He
setts-from Maine-from Indiana-I could give thought that the bill of rights should stand as a
thelexample of New York and New Jersey-I declaration of rights, without the introduction of
could weary this body and exhaust myself with matters into it which belonged properly to the
the reading of them, were it necessary. But I Legislature. It would be better, Mr. J. thought,
forbear —I am sure more cannot be necessary.. that the amendment should be permitted to lie




225
over for the present, and that it should be append- man from  Montgomery, would  modify his
ed to some other portion of the Constitution.  amendment as suggested, Mr. TUCK thought the
Mr. SPENCER stated that he had but one ob- Convention could do no otherwise than adopt it.
jection to the amendment, and that was to the  Mr. DAV1S accepted the proposition of Mr.
expression "by all suitable means." To the gen- TUCK, (as a modification of his own amendment,)
eral object itself, he was favorable, but he and it was read as follows:
thought the phrase to which he took exception,  "Article 42. The Legislature ought to encourwas to loose and capable of too latitudinous aage the diffusion of knowledge and virtue, the
construction. The Legislature might regard it promotion of literature, the arts, sciences, agrias a sanction to a pledge of credit of the State, culture, commerce and manufactures, and the
(or for appropriations of money. If the gentle- general melioration of the wants and condition
man from Montgomery, would so modify his pro- of the people."
position, asto prevent the danger of such a con-  After a brief conversation between Messrs.
struction, he would feel disposed to vote in favor JENIFER and DAVIS;
of it. A friend near him had suggested that the The question was taken, and the modified
object he had in view, would be effected by amendment was adopted.
striking out the words by all suitable means."  The Convention proceeded to consider the
Would the gentleman from Montgomery, accept amendments offered on Saturday last by
that modification?                          Mr. GEORGE, as additional sections-to be
Mr. DAvis replied that he had no great tenacity  mbered articles forty-three and forty-four.
to any particular phraseology. His great desire  The aendets hag ee    ead
was to make it so far conform to the general sen-  Mr. M NRY  uggested to the gentleman
timent of the Convention, that he miht obtain (Mr. George,) that this proposition would come
son, inin more appropriately as an amendment to the
a vote, as nearly as possible approaching to unan-n more appropriately as an amendment to the
imity. Lhe would he very happy to accommodate Report of the Committee on the Legislative Dethe gentleman from Queen Anne's, but lie pre- pfollowed.
ferred the language as it stood. He had employ-  Mr. meonve  said, tat as tere seemed to beon
ed the terms which he found in the other Stat e.  ORGE sai, that as thee  eemed to 
Constitutions. He asked the gentleman from  someoecton to the ncorporation ofthe amendQueen Anne's, fhe kn  of ay a ohich  ment in the Bill of Rights, he rould accept
that language had given rise in any of the States, the suggestion ofthe genileman (Mr. MCHENRY,)
in whose Constitutions, it had been adopted?  and would withdraw the amendment, as also the
r. onstitutionE doat k w   ef any a es i  other amendment of which he had heretofore
Mr. SPENCER did not know of any abuses in given notice, as an additional section to be rumthe other States, but we have had one awfulles- bered article forty-four. And he gave notice
son, in relation to Legislative appropriations, that he would offer these amendments when the
when the Legislature made large appropriations Report of the Committee on the Legislative Defor internal improvements.  He had always partment should come up for consideration.
doubted the power of the Legislature to make'he ne:t question was on the amendment of
such appropriations, and when the Legislature which
enacted the first law for a direct tax, they out-  Mr. PARKE had heretofore given notice, and
raged the people by putting a provision in the which he now offered in the words following: 
bill, which prohibited any one from bringing the  ".Article 43. This enumeration of rights shall
question before the court of appeals, to test the not be construed to impair or deny others retainconstitutionality of the act. The meaning which ed by the people."
might be generally given to the words "by all  The amendment having being read,
suitable means," is that the Legislature may  Mr. PAhRKE said that it was a mere assertion
give money, or raise loans for this object. Ie that there were rights not enumerated in the dethought the people ought to encourage these ob- claration of rights, and that they were retained
jects, but he thought, when his friend would re- by the people. There could not, he thought, be
fleet a moment on what might be the effect of any impropriety in its adoption.
the words, he would consent to change the    Mr. ScHLEY invited thegentleman,(Mr. Parke,)
phraseology.                               to specify what the non-enumerated rights were.
Mr. TUCK suggested a modification of the arti-  Mr. PARKE said it was impossible for him to do
cle proposed. He was decidedly in favor of the so. He presumed that they were very numerous
object contemplated.  It was the duty of the -so much so as to render it impossible to include
State, to give attention to these subjects. They them in the bill of rights. A bill of rights, problie at the foundation of all good government, and ably, might not be absolutely necessary, yet it
although the Legislature would have the power, was customary to have such a declaration.'We
without this clause, he thought it proper that all know that all the rights could not be set forth,
the declaration of rights should enjoin it as a and he thought it would be best to make a decladuty. He would leave out the words associations ration that there were other rights which were
and suitable means. It might be said hereafter not enumerated.
that the Legislature could promote these objects  Mr. JENIFER thought that such a declaration
in no other way than by authorizing corporations, would be entirely out of keeping in this place.
associations, &c. He was for the largest exer- If, as was conceded, the bill of rights took away
cise of the power-the mode and the means, he no rights, of course every thing which was not.
would leave to the Legislature. If the gentle' taken away, remained.
29




226
The PRESIDENT, pro ten., stated the question. State. The former Bill of Rights is framed with
Mr. KILGOUR asked the yeas and nays.     the express limitation that the taxing power is
Mr. MERRICK said he hoped the gentleman, confined to property within the limits of this
(Mr. Parke,) would withdraw his amendment. State. Such may have been the presumption
It certainly was unnecessary. It could effect no without that express limitation. If the words
great good, nor, indeed, could it do any harm.  "within this State" are now, however, stricken
Mr, PARKE said if it was the wish of the Con- out, it would manifest clearly the intention to
vention that theamendment should bewitdrawn, take away this limitation, and that the Legislahe, (Mr. P.,) would withdraw it. He did not ture shall hereafter tax all the property, realand
see that it could make any great difference, wheth- personal of its citizens lying out of this State.
er the amendment was incorporated in the Con- Is the Convention, he asked, prepared to say that
stitution or not. He had seen it in other Consti- taxes shall hereafter be imposed by the Legislatutions-he had seen it in the Constitution of Cali- ture on the property of the citizens of this State
fornia. He was willing, however, to withdraw  all over the world? We are necessarily brought
the amendment.                             to this point by the difference found to exist beBut, after a moment's reflection,        tween the two Bills of Rights. When he put
Mr. PARKE stated that he preferred to adhere the question to his distinguished colleague, not
to his amendment.                          now in his place, (Mr. Dorsey,) how he propoThe PRESIDENT, pro tem., then put the ques- sed to tax real estate which might be situated in
tion on the demand of Mr. KILGOUR for the yeas Florida, or Mississippi, or Europe-that gentleand nays.                                  man informed him that it was not intended to
The Convention refused to order the yeas and tax real estate out of this State. In that case the
nays.                                      change in the article'effects what it was not inThe question was then taken on the amend- tended to do, and should therefore remain as it
ment and no quorum voted.                  is. Was it just, he would ask, to tax the propMr. MITCHELL called for the yeas and nays.  erty of our citizens lying beyond the limits of
The PRESIDENT, pro tem., said he had some this State? He did not deny the existence of
doubts whether the motion was in order, as the the power-the State had power over its citizens
Convention had once refused to take the yeas and and their property of every description wherever
nays.                                      it might be, unless prohibited by the Constitution.
The question was then again taken on the amend- He did not therefore deny the power of the State
ment of Mr. PARrE, and was decided in the affir- to tax real property lying out of this State, but
mative: ayes 30, noes 25.                 he did deny the justice of the exercise of such a
So the amendment was adopted.            power. Whether taxes are laid for carrying on
The bill of rights had now been gone through internal improvements, or for any other object,
with.                                      all its expenditures are confined within its own
But on a former day the Convention had infor- limits, to benefit property in the State. Is it
mally passed over the thirteenth article of the just that the property of the citizen lying out of
said bill, which is in the following words:  the State should be taxed for any action in the./rt. 13. " That paupers ought not tobe asses- State which in no manner adds to the value or
sed for the support of government, but every oth- utility of property out of this State. All our
er person in this State, or person holding property State legislation ought to be characterized by
therein, ought to contribute his proportion of justice, that virtue which should be the guide of
public taxes, for the support of government, ac- government, and faithfully administer in all its
cording to his actual worth in real or personal departments. The government shouldbe a bright
property; yet fines, duties or taxes may properly example to its citizens of justice. Within the
and Justly be imposed or laid, on persons or pro- State, where the property to be taxed will be imperty, with a political view for the good govern- proved by the contemplated action of the Legisment and benefit of the community."        lature, it may be just to impose the tax, but where
The pending question was on the amendment the property lies beyond the limits of the State
heretofore indicated by Mr. RANDALL, to insert and out of the reach of the improvements of the
after the word "property," the words'" within State's action, where its legislation can have no
Mthis State."                              operation, its courts are not invoked to protect it
Mr. DONALDSON was entitled to the floor, but or add to the facilities of its enjoyment-it is
said that, as he understood it was the'desire of manifestly unjust to make it the subject of taxahis colleague, (Mr. Randall,) to express his views tion by this State.
more fully than he had heretofore done, he, (Mr.  But there was another point in which it is unD.,) would yield the floor.                just; it is unjust to the other States of the Union.
MAr. RANDALL rose and said that, in order to If it were a mere proposition whether all the
present his views in reference to his amendment, States of this Union shall tax all the property
he would avail himself of the offer of his col- of their respective citizens, whether that propleague (Mr. Donaldson) to yield the floor to him  erty lie in or out of their respective limits, it
for that purpose. He read a portion of the thir- would be another question-each State by its
teenth article in the old Bill of Rights, andstated' own action equalizing its own benefits by its
that the new declaratory article proposes to omit losses, but that is not the case.  Maryland alone
the words "within this State," so as to give the I believe imposes such taxes on property beyond
power to the Legislature to levy taxes on real its limits-thus other States are unjustly treated,
and personal property whether in or out of this as we derive benefit from their property-they




227
none from' our. But this injustice cannot con- that it might be printed with the several amendtinue, we must not flatter ourselves, if we tax the ments.
property of our citizens within their limits, that  Mr. PARKE said he was absent when the first
they will not also tax the property of their citi- part of the bill of rights was under consideration.
zens within our State. It is not just to those If it was now to be printed, he would offer an
States who only levy taxes on property within amendment, (with a view that it might be printtheir limits. Where is the justice of making our ed with the other amendments,) upon which he
citizens pay taxes for lands and slaves or other desired to have a vote of the Convention.
property, in another State, when they can derive  Some conversation followed as to the proprieno consideration in return from our State in the ty of the postponement, in which Messrs. MAway of protection or other advantage.  That GRAW, SPENCER and JENIFER took part.
property of our citizens is already taxed in the  The result was, that
State where it lies. An injustice also is done to  Mr. RANDALL proceeded with his remarks.
our citizens, because by imposing a tax on the  It would be perfectly acceptable to him, whatproperty, we lessen the value of the property ever course the House might determine on. The
where it is situated, and thus the same property question was a very important one, and he hoped
pays double taxes-taxes to the community in it would be examined carefully. He had no
which it lies-taxes to this State where its owner doubt the Convention would come to a correct
resides. Again such a system will provoke retali- decision upon it. He had endeavored to show
ation-nothing ought to be done by us which may that the change was both unjust and impracticahave the effect of provoking jealousies between ble. He would now call attention to its policy.
States or a conflict of laws which will tend to He hadno means of knowing the extent of the
destroy the harmony of our State laws. Let property lying out of the State, which would be
each State tax only the property within its own liable to taxation, if the measure was to be
limits over which it has a more direct and com- carried into effect. He presumed it was now
plete control, and whose action and protection very limited in its extent, although it could not
justify such an exercise of power.         well be ascertained what it was. But if the
But there was another view in which he de- principle should be carried out in the other
]But there was another view in which he de- Staes and sure] we are Dot to expect that we
sired to place this subject. It would be found  States, and surely we are not to expect that we
impracticable to execute this law. It is wise to can carry out a law taxing the property of our,
citizens in other States, without exciting retaliaabstain from the exercise of a power which it  iletiesin by other States, without excitn taxing the promay be difficult or impracticable to carry into ting legislation by other States, in taxing the proeffect. How is this property to be rated? With- perty of their citizens lying in the State of Main the State we have a mode of assessing the
in the State we have a mode of assessing the ryland. They surely will do so in relation to
value of real or personal estate. But how ca any property their citizens may have within our
this be done in Mississippi or Europe? Howcan limits. Itis mere justice to themselves to do
this be done in Mississippi or Europe? How can
you send there and have assessments made ofthe this. What position then, will Maryland take
ou send tert     re and have assesmens made pof the if all the other States adopt this principle of recvalue of properly Wih regard to the property taliation, and say that the property of their citiwhich consists of public stocks -although the zens lying within the limits of this State, shall be
value of these stocks are more easily known by taxed   Then all thecitizens of those States havthe market price, howr is it possible, or by what taxed? Then all the citizens of those States havhe market price, how is it possible, or by what ing property lying in the State of Maryland, will
process could we proceed, to discover what citi- b liable to double taxation on such property,as
zens of Maryland are the true owners of such be liable to double taxation on such property, as
zens of. Maryland are te tue owners'of such if citizens of the State of Maryland, by our laws,
stocks. The laws and courts of Maryland are and as citizens of the respective States in which
called upon to exercise no jurisdiction there, its a d as citizens  the laws thereof. We must concitizens are not cognizant of what takes place they rede, b the laws thereo   e  t  n
there. And there can be devised no mode of cede the same propriety and policy to other
taxing such proertye cn e  dvcying out of which States which influence ourselves-what will be
taxing such property, the carrying out of which  operation  The stock of the State ofMawould but open the door to frauds and perjuries  yland is relatively larger inproportion to its
innumerable. A few years ago, a law was en- ryland is relatively larger in proportion to its
innumerable. A few years ago, a law was en-   ulation and resources perhaps, than any State
acted to collect an income tax within this State; population and resources perhaps, tha any State
i the Union-certainly not far from it. Let
but it entirely failed. It was only in one or two  ther Sates whose citizens hold your State stoc
of the counties, that the effort was made to ex-other tats whose          ition to that
ecute its provisions when it was abandoned, and  i mpose another a upon its vlue would be essenthe act imposing it was shortly afterwards re- hih you impaired;  an  it are held by
pealed, because of its inquisitorial character, itsi       lly impaired vast quantities of it are held 
impertinent scrutiny into the affairs of private life ens o oe   in our c s, 
and of other difficulties which it had to encoun-  ng companies, an  in our city stocs, bank
ter, and the frauds and impositions it caused, and stoc, &c. We have of it ms owned out of the
above all, and the combined effects of all-its  tal, and a good deal of it s owned outof the
utter failure to produce a sufficient sum. He State  We have numerous stocks of companies
associated for internal improvements, a great deal
stated this fact for the purpose of illustrating the of which is held by citizens out of this State. In
probable result of any attempt to impose a tax Allegany, understand, the stock of many comwhe there was such difficuties in carrying out its panies is held almost exclusively by persons livexecution as in this now contemplated,     ing out of this State.
Mr. SPENCER moved that the farther consider-  If we impose a tax on these capitalists, and
ation of the bill of rights be postponed, in order they are taxed also by the States in which they




228
live, they will be burdened with a double tax, mover of the amendment?  A citizen of this
and perhaps, have their capital driven out of this State, residing here,owning stocks in other States,
State. And he believed that, in carrying out has to pay a tax according to his actual worth,
this policy, it would be found in the end, that including those foreign stocks. Compare him
Maryland had lost more than she had gained. now with his neighbor, all whose property is inWe are surrounded by other States. Property vested within the limits of Maryland. Both have
is held within our limits by citizens of the ad- the same protection from the laws-both have the
joining States of Delaware, Pennsylvania and same advantage in their business, from those
Virginia; and if we tax the property in this State great works of internal improvement, the conbelonging to the citizens of either of those States struction of which has produced almost all our
they will also be taxed at home, and thus have to taxation. One pays for that protection, and
pay a double tax, or' else remove out of this those advantages in proportion to his property,
State, which is likely to be one result or another, and the others does not.
thathe would cease to be a holder of property  But, it is said, the present system leads to
in our State.                              double taxation. A man may be taxed on the
Suppose a citizen of Boston comes into Balti- same property in two States. This does not folmore to reside, and carry on trade with a part of. low. In many States there is no direct taxation;
his capital, you tax not only all he owns in Bal- in others it is very small. Very few of them tax
timore, but all the property he has elsewhere- stocks held by non-residents. A citizen of Maryeven though this property is elsewhere taxed-  land, holding a million dollars of the State stock
subjecting him to double tax, becauseyoudeclare of Virginia, pays not a cent of tax in Virginia,
that your citizens shall pay a tax on all the pro- and if this proposition to exempt should prevail,
perty they possess throughout the world,   he would pay not a cent on that stock here. BeThe effect of this would be to drive all such sides, it must be remembered, that all this is
citizens out of this State, and to prevent others voluntary.  No man is obliged to invest in
from coming in to settle among us. I have per- these foreign stocks; and if he becomes liable to
sonal knowledge of one such case where a citi- double taxation, he can easily change his investzen of Georgia was prevented from settling in ment, and purchase stocks, or other property,
Baltimore, because his property consisting of here. Then he would be on a perfect equality;debts in Georgia, for property he had sold there, with his neighbors. If there is any injustice, he
would be taxed. He went to Georgetown, and need not suffer it for an hour. If he retains it,
there settled to avoid this tax.           it is because he finds it more profitable, in spite
He was perfectly contented with the bill of of its liability to our taxation, than the investrights as it stood. As it stood it was just; now  ment of his neighbors at home, liable to the same
in its changed form, it would be unjust. What taxation.
reduction would be made from the revenue of the  Real estate beyond our limits, has never been
State by this measure, he knew not. But he considered as liable to our taxation, because it
would say that if the other States of the Union has a locality, whereas stocks, being personal
shouldcearry out this principle, and there is no property, are considered in law as following the
reason to expect that they will not-it is but just person.
to themselves that they should-it will be fol-  So much in answer to the charge of injustice
lowed by inconveniences to us, which will more made against the present system. Now, let us
than counterbalance any good which can possibly look at the other side of the question. What
result from it; and we shall actually lose in a pe- would be the consequence of the exemption from
cuniary point of view, more than we gain by it. taxation of stocks, in other States, held by
He had now discharged his duty in bringing the citizens of our own. Almost all the surplus
subject before the Convention, and he left it with wealth of this State, would be withdrawn from
this body to act as it may deem best.     taxation, both for State and county purposes, and
Mr. DONALDSON expressed his regret at being invested in the stocks of States, where there is
compelled to disagree with his colleague, (Mr. no taxation, or but little. This would be done,
Randall,) for whose clearness of judgment and as a matter of course, by those possessing the
uniformily conscientious motives, he entertained greatest wealth. Siuch are the men who, try
the highest esteem. It was from the strength every device to escape their proper share of the
of his honest convictions, that his colleague had burdens of the State. It is a trait of human
spoken with such warmth of what he considered nature, not to be denied, although noble excepthe injustice of the existing system of laws, by tions exist, that wealth generates this kind of selwhich stocks held by citizens of this State, in fishness. There is no estimating how much
the public loans of other States, and in the insti- might, in this manner, be lost to the State and
tutions of other States, were subject to taxation. counties. The abstraction of ten millions of
As an act of justice, he, (Mr. Randall,) demand- capital, from the city of Baltimore, for instance,
ed the exemption of such property. He, (Mr. would make to State and city, together an annual
D*,) considered that both policy and justice were loss in taxes, of upwards of one hundred thouagainst such an exemption. If he thought there sand dollars. Necessarily, those who did not so
was a departure from justice, he would not argue remove their capital, and the property holders
in favor of the policy of a measure, but where who had no surplus capital to invest, would have
both stoodon the same side, they might well for- to pay a higher rate of taxation, to make up for
tify each other.                          the deficiency thus caused. Could anything be
What is the injustice complained of by the more manifestly unjust?




229
Mr. D. then proceeded to state several cases  Mr. D. concluded by saying, that we had not
by way of illustration. A man engaged in a a great many years longer to bear the weight of
successful business in the city of Baltimore, may our taxes. The public mind had become conaccumulate, from  year to year, vast profits, tent under them, and, at present, it would be ungrowing rich from the great advantages he de- wise in any essential particular, to change the
rives from the system of internal improvements, system.
which has cost the State and city together, up-  Mr. THOMAS stated that, until this morning, he
wards of twenty millions of dollars, and from all did not know that such an amendment as this was
that the city has spent in the improvement of her pending. It was a very important proposition,
harbor; whilst he is protected in person, in pro- and he had been turning it over in his mind, and
perty and in the quiet pursuits of his business, had satisfied himself that it would produce a
by the laws of the State and city. All his pro- change in our policy which would work injustice.
fits, as fast as they accumulate, he may, if the He would take an illustration, by applying the
amendment prevails, invest in stocks of other new principle to the localities with which he was
States, and he may thus convey out of the reach of familiar. He would take, for example, the counties
taxation, say four-fifths of his property. On the of Harford, Cecil, Frederick, Carroll, Washingother hand, a man of small property, whose earn- ton and Alleghany, in all these there were nuings barely support and educate his family, must merous landholders who possessed property over
pay taxes on the whole of his worth. A farmer, the line of one of the adjoining States. What
who expends his profits, not generally very large, would be the response from these counties, if we
in improving his land, and adding to his buildings were to impose a tax on our citizens for this
and stock, finds that the increased value is added property lying beyond the limits of the State? It
to his assessment. He must pay a tax on the would be repudiated. For what reason do we
whole. Thus those most benefitted by the ex- impose a tax on property within the State? It is
penditures of the State, and most able to bear because the State gives it in return protection
the burden, would have to pay far less, in propor- against robbery and other dangers to which it is
tion, than their proper share; and their deficiency liable in an unprotected state. So, in regard to
must be made up by an increased tax, on men personal property, we make laws for the enforcemore honest and poorer. To make this exemp- ment of contracts, and in other ways to secure
tion, would create the greatest inequality, and di- this kind of property, and we tax personal properrectly encourage the dishonest evasion of taxes. ty on the principle of protection. Maryland has,
But, (continued Mr. D.) this exemption would in her exigency, been compelled to resort to heavy
injure all the holders of public and private stocks taxation, and the change of policy looks to the taxhere, by diminishing their market value. It ation of the property of our citizens, personal as
would discourage the investment of our home well as real, lying without the limits of the State.
capital, in the improvement of our lands, in If one of our citizens had left the State and gone
building up factories and furnaces, and in vari- to California, and obtained property there, would
ous industrial occupations; for all these are sub- it be right to tax his property there for the purject to taxation here, whilst the same capital in- pose of keeping up in this State, roads and highvested abroad, would enjoy an exemption.    ways in which he was not interested, and would
It is said that the present state of the law, or he not refuse to pay such tax? He, (Mr. T.,)
of legislative practice, prevents men of capital would vote against any attempt to impose a tax
from coming into the State, and bringing part of on real estate lying out of the State, because, it
their means with them. A Boston capitalist, ought only to be taxed where its rights are proworth five hundred thousand dollars, may wish tected by law. So ought personal property to
to bring one hundred thousand dollars here, and stand in the same position. We cannot change the
leave the remainder invested at his former home. policy of Virginia and of the other States of the
There might be such a case, but it is merely ex- Union. Maryland may adopt the policy of taxceptional. Very few men will come here merely ing her State stocks, and lie would vote for it; or
for the sake of a fancy residence; and the amount she might impose a tax on the banking capital in
of capital excluded in this way, is but trifling the State, or on insurance stocks, or any other
compared with what would    be driven out personal property within the State. That is, all
by the exemption proposed. Undoubtedly the stock in the State of Maryland, and we have a
fact that we suffer such heavy taxation, does right to tax it. But it would be injurious to Marytend to discourage men of capital from settling land, if holders of foreign stock were taxed here,
here. It cannot be otherwise, and it is certainly because there is more stock held by foreign holdto be regretted; but the great growth of Mary- ers in Maryland, than by citizens of Maryland
land, within the last ten years, in wealth and in foreign stocks. He did not believe that other
population, demonstrates that the effect of our States would tax these stocks, and the effect of
works of internal improvement, has been to make taxing the stocks of other States in the hands of
the State more desirable, as a residence, for ac- our citizens, would be to drive them beyond the
tive and enterprising men, than it would have reach of our taxation. Tax the amount of the
been if no such works had been projected; and, certificate of stock in his hands, and you drive
consequently, no such taxes levied. Active, en- him from your State. If his income be $30,000
terprizing, business men, of small capital, are a year and he has employed it in diffusing benethose who come from other States, to seek a fits round him, you deprive the State of those
residence among us; and such men are the most benefits hereafter. So as to bank stocks, a great
valuable accessions to our community.      deal of it is held by persons who are not citizens




230
of Maryland, which is taxed twenty cents upon ed in aid of the purpose contemplated by the first
every hundred dollars for the school fund, and clause.
which has been in operation for forty years, du-  His amendment required that the laws should
ring which time all holders of this stock have state the object for which the taxes were laidcontributed, because the banks are obliged to pay whether to raise revenue for the support of govover this tax to the school fund, out of the profits, ernment or with political view, so that the tax
before any dividend is made to the stock holders. payer might have the validity of the tax tried by
Should the Legislature attempt to tax the real the courts. This could not be done under the
estate of her citizens beyond the limits of the present laws, because the acts do not disclose the
State, and that should fail, he did not see with object for which the taxes are laid, and being
what propriety it could be attempted to tax per- within the provision of the latter clause of the
sonal property out of the State. In his opinion, thirteenth article, though passed for a different
the same principle should govern whether as to purpose, the courts can do no otherwise than say
real or personal estate.                    that they are constitutional. The power of ConMr. TUCK said, he desired to offer an amendment gress to pass tariff laws for the protection of doof which he had given notice on a former day, mestic labor has been, and is now denied by a
and which, as modified, read as follows:    large party in the country. But this power can
article 13th. "That taxes for the suppoit of never be tested in the United States courts, so
government, and fines, duties and taxes, with a long as the ]aws profess to be mere revenue laws.
political view for the good government and ben- The power to raise revenue being conceded, the
efit of the community, may be imposed or laid on courts are bound to declare all such laws to be
property within this State, and the legislature constitutional, unless they are in terms against
ought to declare the objects for laying or impos- that instrument. The courts cannot go behind
ing the same."                             the laws, and decide according to what may be
Mr. TucK would state briefly his reasons for the motive of the legislature in passing them.
ofMr. TUCK would state briefly his reasons  Mr. T. said that his amendment would allow
He desired to leaveing  the power to the leisla  these questions to be settled by the judicial triHe desired to leave the power to the legisla- bunrials, by shewing to the court the object and
ture with as few restrictions as possible. In times punals, by she law-and if thes c t  e  not warpurpose of the law-and if these were not warof difficulty and financial embarrassment, it is ranted by the Bill of Rights the act would be deeasy to find meansto avoid the restrictions; and dared void. He had no disposition to disturb
thus the spirit of the bill of rights, might be vio- the present tax system  Tht system will remain
lated without any redress to the tax payer.  until repealed by law. But cases under that
The opinion is entertained by many persons, system had been carried to the Court of Appeals.
that this had been done by some of the tax laws This showed doubt and dissatisfaction.  And
passed since 1840. It is very well known that when this is likely to occur by the exercise of
all these laws were passed for the purpose of uncertain powers, the people should have an opraising revenue for the support of government-  portunity of testing the question. Nothing is
that is, for the purpose contemplated by the first more unwelcome to the people than heavy taxes.
clause of the thirteenth  article of the present But they will submit when they are satisfied that
bill of rights. The taxes were designed "for the a necessity exists, and that the power to impose
support of government," and not "with political the burden is vested in the Legislature. He had
view;" yet, they were not assessed according to said that he would confide this power to the Leeach man's "worth in real and personal proper- gislature without restriction. But if we are to
ty, within this State," as required by that article. say any thing on the subject in the Bill of Rights
He alluded to the tax on collateral inheritances; he would prefer plain and definite language, not
the tax on the commissions of executors and only to indicate to the Legislature the limits of
administrators-the tax on the public offices-  their powers, but to allow the tax-payer to have
the stamp tax, &c.                          his case properly tried, if complaint were made.
He did not mean to say that these taxes were  He had also inserted the words "in this State,"
wrong in themselves. All he meant to say, was, so as to prevent the Legislature from taxing prothat they were laid to raise revenue for the sup- perty beyond the State. He never could underport of government; that that was the design and stand by what authority the Legislature taxed
no other. And in that view he thought the leg- Bank and other Stocks, beyond the State, for the
islature had done wrong in not declaring the ob- support of our Government, when the thirteenth
jects for which these bills were past.      article of the Bill of Rights declares that "every
He admitted that the legislature should have man shall contribute according to his actual
the power to levy taxes "with political view." worth in real and personal property within the
The peace and welfare of society required this. State." The Stocks of foreign Banks are not
The license system, lottery taxes, auction du- within this State. The gentlemen from Frederties, and such other taxes were referable to this ick and from Anne Arundel had made arguments
power. These required regulation.           on this point which have not been and cannot be
But no such necessity existed when the bills to answered. The true doctrine is taxation accordwhich he had referred were passed.  It was not ing to protection. Why does a man pay taxes
pretended that collateral inheritances, commis- on his property? On what theory is this requisions, promissory notes, &c., needed regulation. red? Only because justice suggests that his proThe Treasury needed the revenue, and thus the perty shall pay according to the protection it relatter clause of the thirteenth article was involv- i ceives. He would not multiply words on this




231
point. The gentlemen who preceded him had are providing for the future'He was for leaving
said all that could be said on the subject. He the power with the legislature. But, if we make
would however notice in a few words, some of any declaration on the subject, let it be clear
the positions of the gentleman from Anne Arun- and explicit, so as to prevent the complaints that
del, (Mr. Donaldson.) The case put by him of were made against some of the present laws.
the capitalist who lives among us while his estate  Mr. DONALDSON replied briefly to gentleis located elsewhere, doesnot meet the argument. men, who had spoken in favor of his colleague's
In the first place he pays taxes on his property un- amendment. After hearing their-arguments, his
der the laws of the State in which it is located, and opinion remained unchanged. He recapitulated
in the next place he spends all his income among the points on which he based that opinion. The
us. It is better, to be sure, for us to have'capital gentleman from' Frederick, (Mr. Thomas,) did
and men both, but I am not for driving away or not seem to be aware that we already taxed the
taxing a man who is willing to spend large reve- public loans of our State, and the stocks held by
nues among us merely because his property is not non-residents in our State corporations. Such
here. If we cannot have the man with his capi- was the fact. He seemed to think, also, that we
tal, I will take him with his revenues. These go were endeavoring to subject to taxation, property
into circulation and trade, and are thus of advan- which heretofore had been exempt. But the
tage to us. The gentleman says his certificate of laws of the State have all along taxed such proStock in his pocket or drawer is property in the perty, and the tax has been regularly collected.
State. Mr. T. disagreed. But if the certificate Whether the law was consistent with the meanis property here because of his possession of ing of the old bill of rights, was a point which
it, suppose he leaves it in the hands of his agent had never been contested, and, therefore, there
or broker in the State where the Stock is, what had been no decision upon it, in our supreme
protection is allowed him then? The same ar- court. The ground of the law was that all pergument may be made as reasonably, and be as sonal property, followed by the person; and the
well met in regard to any other property beyond words "within'the State," in the old bill of rights,
the State. If one holds a bond of a person in had been struck out by the committee, in order
another State our courts afford no remedy for to exclude a doubt. It must be remembered,
recovering the debt, and yet the bond is taxed for further, that the certificate of stock, the evidence
the support of government here.           of the debt, was actually in the possession of the
And again, if the certificate is the property, a owner.
man who holds stock in one of our banks, should  Mr. D. said, that he differed from the gentlepay double taxes; first, on the stock itself, be- man from  Frederick, (Mr. Thomas,) and the
cause that is property-another on the certificate, gentleman from Prince George's, (Mr. Tuck,)
because that is the evidence of his property,  who regarded protection to the particular proAccording to the gentleman's theory, a man perty itself, the sole ground of taxation. Proshould not pay any tax on his bank stock located tection to the person-protection in the prosecuhere, if he happened to reside beyond the State, tion of his business-the advantages derived from
because the tax must be paid where the certifi- the public expenditures that create or foster, the
cate is held. A man who has stock in another mode from which the citizen is enabled to accuState, and lives among us, is taxed because he mulate wealth-all must be considered as the
does not invest here-while one who lives in an- sources of the power to impose taxation. If a
other State, and holds stock here, is taxed be- State had not power to prevent immense masses
cause he has invested here. You tax the proper- of wealth accumulated here, from being put out
ty in one case for being in the State-and you of the reach of taxation, whilst its possessor
tax the man in the other case, because his prop- still enjoys all the advantages of his residence
erty is not here. In the former case we tax him  and citizenship, then there can never be an apfor the protection actually afforded, and in the proach to equality in the distribution of the burother respect of the benefits he might derive from  dens of government. The honest and patriotic
our institutions, if the property were here. It must pay for the dishonest and the selfish. If
is said this is necessary to prevent persons send- such an exemption, as that proposed, is adopted,
ing their capital beyond the State. This is no we shall be obliged, before a great while, to reanswer to the injustice of the act; and besides, sort to an income tax as the only adequate remeinstead of bringing property here for investment dy for such injustice.
we are likely to drive the man away too-thus  It had been said that the collection of the tax
losing a citizen with all the advantages to be de- was impracticable. This was a mistake. Some
rived from  the expenditure of his revenues frauds and evasions would take place under every
among us. All these taxes can be put on another system of tax laws. The honest always have to
ground, not liable to any objection,      contribute more than their due proportion; but
Let us provide for an income tax which will reach with the present provisions of our law, it would
the revenues, and salaries and income of all who be impossible to dispose of one specific piece of
have no property here, or which the tax laws can property, and get a deduction on the assessment
operate. We shallthen make persons contribute books on account of it, without answering, on
for the support of government, in respect of the oath, as to the manner in which the purchase
protection afforded to their persons as well as money received has been applied, and the new
property.                                 investment would be at once changed on those
Mr. T. repeated that he had no intention to in- books. If, however, this exemption prevails,
terfere with the present system of taxation. We any amount of property may be deducted from




232
the assessments, provided the proceeds are to be property would be doubly taxed,-in Virginia,
invested in stock of other States.         for instance, if located there,-and in Maryland,
In regard to the policy of these tax-laws, he if the owner resides in this State. If it were, this
differed toto ccelo, from the gentleman from Frede- would constitute no objection. Our citizens obrick, (Mr. Thomas.) That gentleman thought tain the protection of the Virginia courts, and
the exemption proposed, was good policy, and should pay their share towards their support.
that it was good policy to tax the public loans of They have protection also to themselves, while
our own State, and the stocks of our State insti- resident here, from the power of the State of
tutions held by non-residents. He, (Mr. D.,) Maryland, and should contribute to its support
had already endeavored to show the impolicy of also.
exempting, from taxation, stocks in other States,  The argument turned chiefly upon the proprieheld by our own citizens; and it seemed to him ty of taxing personal property. This suggests
clear, that to tax the investments of non-residents itself most readily as a subject of taxation, bein our State, had the direct effect of discouraging cause it follows the person in the contemplation
foreign capitalists, from  sending their capital of law. But the reason of the rule is the same
here to assist us in the various enterprises, roads, with relation to real property as in reference to
canals, factories, furnaces, and the like, which personal. If the Legislature chooses to discrimirequire associated wealth. He thought such dis- nate, it is in its discretion; but no argument can
couragement injudicious. In regard to taxing properly be founded on the preference which
our own Maryland stock, it always seemed to they may accord to this source of revenue.
him a breach of faith with our creditors. Be-  It has been said that the State and municipal
fore any direct tax existed here, we borrowed authorities should be deprived of the power of
millions of dollars, on a solemn pledge to pay a taxing the stock of the State. He could see no
stipulated interest, and after the money was re- reason for this. It is true that it is a debt of the
ceived and expended, we said, we will not pay State. But, nevertheless, it is property, created
you the stipulated interest, but will deduct a por- by the State fo rthe common advantage which detion of it in the shape of taxation. In this he rives protection from the public law, and the valagreed entirely with the gentleman from Prince ue of which, moreover, is sustained by our whole
George's, [Mr Tuck,] and stated that if he could system of State government. It is right and prohave accomplished the repeal of the tax on State per, therefore, that it should do something tostock, when he was in the Legislature, he would ards the support of that government from which
have done so.                              it derives its annual increase and protection.
Mr. GWINN said, that he was opposed to the  The same argumeut applies to the city of Balamendment of the gentleman from Anne Arun- timore. It contributes largely to the prosperity
del. It was true thatthewords "within the State" of the whole State, and it accomplishes this end
were in the old Bill of Rights, but it did not fol- b the influence, which, in its municipal capacity
low that it was prudent to retain them. The it exercises over the form and growth of that
reason of the case should be considered.   wealth and labor, which it centers within its limits.
The right to tax property, real or personal, is  It is right and proper that those who hold the
derived from the necessity of supporting the gov- State stock, and who have all the benefit of that
ernment, by which protection is afforded. It personalsecurity and comfort which the ordinancannot exist without such aid, and it must be de- ces of a city afford, should contribute to th
rived from the individuals over whom its rule is maintenance of the civil power of the communit
extended, or from the property which lies within itself. There is reason and justice in the rule
its jurisdiction. Protection toproperty, is as es- and it should not be interfered with.
sential as protection to persons, for the peace,  Mr. TucK said, the first partof the gentleman's
good order, and duration of society; and protec- argument answered the last. He now considertionto property is not only extended by the State ed that gentlemen on the other side had
over that which lies within its own borders, but, abandoned the argument. You cannot tax the
from the nature of our confederacy to that also land of your citizens in Virginia, or the negroes
which is beyond its borders. If a citizen of Ma- on it, because you cannot get at them to collect
ryland is deprived of property situated in another the tax. Taxation and protection go hand in
State, he is enabled, by virtue of this privilege, hand. You cannot tax where you cannot proto use the judicial power of the Federal Union, tect.
and to enforce his rights by its aid, if need be. It  Mr. GWINN explained.
is right therefore, that lie should contribute his  Mr. TUCK said, the gentleman from  Anne
share towards the support of that State Govern- Arundel, referred to the money spent in Baltiment from whose existence he derives this privi- more on harbors. The property out of the State
lege. The same argument, which makes it pro- derives no protection from these harbors, no benper that the citizen should contribute to the pro- efit from them whatever; yet, it is taxed for their
tection of the State, which affords shelter to the support. An individual is taxed properly so far
property within its limits, renders It proper also as he is protected in his trade or occupation.
that he should contribute towards the upholding But it is unjust to tax him further. If the legisof the civil power of that State, which as a party lature thought proper to lay a tax on dogs for the
to the Union, gives him a right to resort to the benefit of sheep, let them do it. The proceeds
Federal power of all the States.           of a dog tax have been estimated at $50,000 a
The objection has been urged that the same year, at one dollar per head. Let the legislature




233
impose such a tax, and if the people are dissatis-  Mr. TUCK asked if it would not be necessary
fied, it will give them an opportunity to carry the to take out letters of administration in the State
question of the constitutionality of the law to the from which the stock issued, in order to transfer
competent legal tribunal,                 it to the representatives of the deceased, or to
Mr. JOHN NEWCOMER desired the gentleman collect it.
from Prince George's, (Mr. Tuck,) to answer  Mr. WELLS resumed, and said that it would be
one question. It was this: whether the gentle. necessary, but that in such cases, letters, he beman considered stocks or certificates of stocks lieved, were always granted to the person charged
of other States, held here as personal property with the administration of the estate in the counwithin the State?                          ty of that State of which the owner died a resiMr. TucK said, he did not.               dent, and this was only necessary in some cases,
Mr. JOHN NEWCOMER. If I hold a private se- for it did not apply at all, as he conceived, to
curity of a gentleman in Virginia or Pennsylva- that class of stocks of which bonds with coupons
nia, is that personal property within the State?  attached was the evidence, for as no record of
Mr. TUCK. I do not so consider it-nor re. them was kept, no transfer was necessary, and
gard it as subject to taxation.           passing as they did by delivery, possession conMr. WELLS, of Anne Arundel, asked the indul- ferred the power on the executor or administragence of the Convention for a few minutes, as he tor to sell them and to distribute them, and a
was of opinion that difficulties, not belonging to large portion were of this description, they being
the subject had surrounded it, and that members invented and used expressly with a view to premight be embarrassed in their vote by a misappre- vent the residence of the owner being knewn, and
hension of the question. Some gentlemen seemed in order that the laws might be evaded.
to think that we were about to introduce a novel  But it has been urged that you should not tax
mode of taxation; but this was altogether a mis- this description of property, because our laws
take. So far as the stocks of other States, bonds, could not protect the citizen in the enjoyment of
notes, &c., were concerted, the effect of the arti- it; but this he denied, because if your certificate
cle, as reported, being merely to continue the of stock or bond, or other evidence of debt, was
system, now in existence, in relation to the right stolen, the courts were open to redress as much
of the State to tax the stocks, &c., of other States, so as if you were robbed of any other species of
which is now done, and from which the State de- personal property that might be in your house, or
rives considerable revenue, the whole of which upon any part of your premises. And if a forgery
will be lost, and much more, if' the amendment was committed, the protection afforded by the
should prevail, because it will necessarily drive laws did not distinguish between the rights bea large amount of capital from our State; for it longing to you as the owner of stocks, or other
cannot be expected, and will not, he thought, be private securities due from other States, or corpocontended, that capitalists will invest their money rations or citizens of other States, or of this
in our stocks, which are burthened with a con- State.
siderable tax, when they can purchase good  In conclusion, he repeated, that the effect of
stocks in other States, free from taxation. And, the article was not to introduce a novel mode
therefore, the deficiency produced in the receipts of taxation and unsettle the present system, but
into the treasury, will be materially increased by quite the reverse; for if the amendment was
adding to the loss occasioned by releasing from  adopted, a change would indeed follow, for adtaxation the stocks which are now taxed, the loss ditional revenue laws would have to be passed to
of tax on the amount of capital which by this supply the deficiency which would be produced
course of proceeding will seek investment else- in the receipts of the treasury by this change, and
where. And he desired to impress upon the con- the landed interest would haveto be taxed to meet
sideration of the Convention, the fact, that all the deficit.
this loss may have to be supplied by an addition-  Mr. BowIE said, it seemed to him that we
al tax on the landed interest, and the amount was ought to adept this amendment. If he undermuch more considerable than gentlemen seemed stood the matter, the Court of Appeals has decito suppose, for he had known upwards of one ded that, under the Bill of Rights, the Legislature
hundred thousand dollars invested by citizens of had the power to impose these taxes. It would
Annapolis in foreign stocks; and, therefore, gen- be competent for the Legislature, under this Bill
tlemen could estimate for themselves the proba- of Rights to tax the real estate of a citizen of NJ able total amount throughout the State, thus in- ryland, lying out of the limits of the State. The
vested.                                   fact of its being out of the State would not affect
As to the right of the State to tax this descrip- this power of the Legislature; and the Legislation of property he had no doubt, for in contem- ture might prescribe a mode in which the value
plation of law, it is attached to the person of the of such property could be ascertained. Now
owner, and when he dies, his executor or admin- he never could consent to such a proposition
istrator returns it to the Orphan's court as a part with such a result. He thought stocks or bonds
of his assets, and it is distributed to his repre- might be taxed, but that bonds out of the
sentatives, not according to the laws of the State State ought not. Foreign stocks are now taxfrom which the stock issued, but in conformity ed under the old Bill of Rights. The constiwith the laws of the State of which the owner tutionality of the law has never beenetested.
died a resident; and so, also, with regard to bonds If the gentleman would include the idea that
and notes and other evidences of debt due by citi- land and negroes should not be taxed out of the
zens of other States to citizens of this State.  State, but that property in stocks and bonds
30




234
should, it should have his support. But if the dition, this very stock has, to a great extent, pas.
proposition is that the Legislature may tax real sed into other hands, than the original holders.
estate out of the State he couldnot vote for it.  At one time it was at a very low value in market,
Mr. MERRICK thought it would be best to leave and a subject of speculation. Immense investthe article as it is. There are kinds of stocks ments have been made in it, and at enormous
out of the State which it is impossible to reach. profit. In every view of the case, it was just
The effect of the clause would be to leave it to and right to tax it.
the Legislature to decide what kind of property  Mr. DORSEY stated that he was not disposed to
ought to be taxed. You thus leave it to the dis- make a speech at this late hour of the day. The
cretion of the Legislature to tax property beyond question is, if we shall be allowed to tax property
the limits of the State, while you tie it down belonging to citizens of this State, lying in other
from taxing within the State. It does not neces- States, and stocks of other States' held by citisarily follow that the Legislature will do a fool- zens of Maryland? He would give an affirmaish thing, but it would be much better to leave tive answer. What injustice was there in doing
the clause as it is. By grafting on the provision so? If our capitalists sent out their money to
the word "propose," you tie up the Legislature. buy the stocks of other States already there taxHe had heard of citizens of Maryland who had  ed, they would be able to purchase at lower rates;
exchanged their property within the State for no injustice would be done them. The question
property out of its limits to avoid the taxes. is, if persons who send their capital out of the
This was very wrong, and ought to be prevented  State to loan on security, or buy stocks, may be
if the Legislature can prevent it. He would vote taxed on such property? Of the constitutionality
against all amendments, and for the clause as it of such tax, he had no doubt. The only quesstands.                                     tion relates to its expediency. The constitutionMr. SPENCER expressed his hope that the sug- al right to impose such tax cannot be doubted.
gestion of the gentleman from Charles (Mr. He had no doubt of the policy of the act, and he
Merrick) would be acquiesced in. He thought was not aware that any injusticewould be done
it dangerous to touch the article. It was in con- to the purchaser of such stock. Sound policy
formity with our revenue system. Our State has dictates to us, to encourage the institutions of
had an arduous struggle to get through her finan- our own State, and not to drive capital away
cial difficulties. She has, however, sustained her- -from us, for investment in other States.  We
self, but if we change the article and take the ought to be careful not to insert in our bill of
amendment proposed, we may be involved in dif- rights an article which would prevent the prosficulty. He had not the slightest doubt as to the perity of the institutions of our own State.
power and the policy to tax stocks out of the  Mr. THOMAS said, that we were now about to
State held by our own citizens. These stocks decide, if we will insert an article on the subject
are protected as efficiently by our laws as the of the taxation of real and personal property,
person of the owner, or the horse which belongs which shall bind the legislature and our posterity,
to him. The law gives him full protection for and in doing which we are fixing an eternal rule
his property.                               of right. We ought, therefore, to proceed with
The gentleman from Annapolis had well de- great caution, not suffering our judgment to be
fined the protection which is afforded by the law, misled by the excited and overdrawn pictures
against larceny, forgery, or any tort in the way which have been presented us of stockholders;,
of trespass or trover. He had, therefore, no made wealthy by speculations in stocks, and livdoubt as to the legal right. Nor did he, for a ing in luxury, and of poor men contributing from
moment, hesitate as to the policy of exercising their small means to the revenue of the State;
it. If you tax your State stocks, and exempt cer- but to act with clear and correct views of the
tificates of foreign stocks, held by resident citi- effect of the measure. He thought the legislazens, you will drive every capitalit out of the ture might devise a mode of assessing the value
State, to invest his money in other stocks. Thus of real estate held by any of the citizens of Maour stocks would be depreciated and compara- ryland out of the State; it might, for instance,
tively valueless, and the further effect would be, require the oath of the owner to a statement of its
that wealth and luxury would escape taxation, value. He could not vote for the clause, beWhilst it would fall on those less able to bear it-  cause it gives a discretion to the legislature to
principally on the landholder.              tax real estate beyond the limits of the State, as
The gentleman from Prince George's, (Mr. well as stocks and foreign securities.
Tuck,) is also opposed to taxing our public   Mr. RANDALL, at a late hour, took the floor,
stocks. He, (Mr. S.,) saw no reason why they and yielded to a motion that the Convention adshould not be taxed. If they were now in the journ.
hands of the persons who had loaned their    The Convention refused to adjourn.
money upon them, at first view, there might ap-  Mr. RANDALL not pressing hisi right to the
pear to be some conscience in the proposition. floor,
But even this would notstand the testof scrutiny.  Mr. MICHAEL NZ0WCOMER  d emand' the preIt was but an investment of capital in one kind of vious question.
security in preference to another, and there was  But, by general consent, the question on the
no reason why capital invested in one mode amendment wastaken, and the amendment was
should be taxed, and not in another. It Was the rejected.
same luxury wherever found, and the rule in   And the substitute of Mr. TuKt was rejecreference to it should be universal. But, in ad- ted.




235.
The question then recurring on the adoption directed, to enquire into the propriety and expeof the thirteenth article of the report of the corn  diency of so changing the present basis of repremittee,                                    sentation in the House of Delegates, as to deduct
Mr. SCHLEY moved to amend the said article one member from each county, and the city of
by striking out in the fourth line thereof, the Baltimore.
words "actual worth in."                     The PRESIDENT, pro ten., called for reports of
The amendment was rejected.              committees, and also for motions, notices and reMr. SHLEY moved to amend the said article solutions, but none were presented or made.
by inserting after the word "property," in the         THE BILL OF RIGHTS.
fifth line thereof, the following:
"And the legislature shall, at its first session af-  The Convention resumed the consideration of
ter the adoption of this Constitution, provide a the order of the day, being the report of the
convenient mode by which the actual worth in committee on the declaration of rights.
real and personal property of any individual in  The question was on the adoption of the folthe State shall be ascertained."           lowing preamble:
After some explanations by Messrs. SCHLEY,  "We, the Delegates of Maryland, in ConvenDORSEY and MERRICK,                        tion assembled, taking into our most serious conThe question was taken, and the amendment sideration, the best means of establishing a good
was rejected.                              Constitution in this State, DECLARE."
The thirteenth article of the report was then  Mr. DASHIELL moved to amend the said preamadopted.                                   ble, by inserting after the word "Maryland," in
And the Convention adjourned, until to-mor- the first line, these words, "representing the
row at eleven o'clock.                     counties and city of Baltimore."
The preamble, as amended, would then read
as follows:
A~____^                    ~'We, the Delegates of Maryland, representing
the counties and the city of Baltimore, in Convention assembled, taking into our most serious
TUESDAY, Fe y 1h 11     consideration, the best means of establishing a
TUESDAY, February  th, 18  good Constitution in'this State, DECLARE."
The Convention met at eleven o'clock.      Mr. D. said his object in proposing this amendPrayer by the Rev. Mr. GRAUFF.           ment, was to place upon record a fact which exThe roll of the members was called.      isted, and by so doing he relieved the preamble,
The journal of yesterday was read, and on as reported by the committee, of all ambiguity.
motion of                                  The preamble, without the amendment, admits of
Mr. SCHLEY, was amended by substituting, in a construction which the facts do not warrant,
his amendment, the word "every," in lieu of and he thought it expedient and wiser to place it
"any," as erroneously recorded.            beyond the possibility of cavil and doubt. He
wished it to tell but the one tale, and that the
truth. No one can deny the fact, that we are
On motion of Mr. MILLER, it was          here as Delegates of Maryland, representing the
"Ordered, That it be entered upon the journal, counties and the city of Baltimore-that we, in
that Mr. McCullough, is detained from his seat the aggregate, are the result of an apportionin the Convention by the severe illness of a mem- ment-that each county has upon this floor a
ber of his family."                        separate and distinct delegation. Mr. D. advertOn motion of Mr. MCMASTER, it was         ed to the fact that the preamble to the Constitu"Ordered, That it be entered upon the journal tion of the United States had been a matter of
Samuel I. Lambden, an officer of this Conven- great controversy, and from it the advocates of
tion, is detained at home in consequence of the two great doctrines, deduced arguments in favor
illness of his wife."                      of each. One he believed, had the letter in its
Mr. GwNN, presented a memorial of Hi J. favor,the other, the facts. One favored consoliScarff, Robert White, Peter F. Young, William  dation, the other, confederation. Now the preH. H. Turner, and others of the Marion Total amble as reported by the committee will admit of
Abstinence Society, praying some constitutional a like double construction. He hoped the Conprotection for the cause of Temperance;    vention would see the propriety of adopting the
Which was read, and                      amendment and thereby rid the preamble of its
On motion of Mr. GWNN,                 present ambiguity.
Referred to the committee on the Legislative  Mr. GWINN expressed his unwillingness that
Department.                                the Convention should act upon a proposition of
Mr. MORGAN presented an account of G. J. this character without some consideration. It
Spalding, clerk to commissioners of tax for St. seemed to him that it was not only a change of
Mary's county,;                            phraseology,but that it involved some assertions as
Which was read, and                      to the political relation which the counties bore to
On motion of Mr. MORGAN,               each other utterly at variance with the fact. The
Referred to the committee on Accounts.   members of this Convention were not delegates
On motion of Mr. PHELPS, it was          of the counties, but of the State of Maryland.
"Ordered, That the committee upon apportion- And if the inference was to be drawn that they
ment and representation be, and they are hereby were here as the representatives of distinct muni



236
cipalities, the idea was an erroneous one, and assembly, which sat in 1650, was composed of
should not be tolerated for a moment by this Con- fourteen members, chosen by eight hundreds. It
vention. They were not here as representatives was in this year that the upper and lower Houses
of the counties, but as representatives of the were separated. The counties existing at that
State of Maryland, returned merely by its muni- time were geographical divisions only. The po-,cipal divisions.  Before the Convention was litical power residing in the hundreds, into which
called upon to vote, he desired the gentleman to they were divided. In 1659, the lower House,
state what theory he proposed to inculcate by the until then occasionally occupied by some memamendment.                                bers,who were summoned by the proprietor, was
Mr. PARKE gave notice that he should offer the made to consist of delegates only, and four were
following as a substitute for the said preamble: called from each county. This county system'We, the people of Maryland, grateful to Al- continued until 1681; and in the interval, two,
mighty God for our own freedom, in order to es- three, or four, were called from each county at
tablish justice, maintain public order, and per- tle pleasure of the proprietor. In 1682, the
petuate liberty, do ordain this Constitution.  number was reduced to two in each county by
ARTICLE ONE.             ordinance; and in 1692, four.were allowed to
each county in the lower House; and in 1716,
"Section 1. That the essential principles of lib- four was adopted as the permanent number for
erty and free Government, may be truly recogni- each county, and two for each city or borough,
sed, and unalterably established, we declare."  which might be created. The Constitution of
Mr. DASHIELL then spokein replyto the inquiry 1776 adopted this law of 1716, in the organizaof Mr. GWINN, andin vindication oftheprinciple tion of the lower House. The counties were
intended to be asserted by his (Mr. D's.) amend- then, what they had been in 1716, only corporament. The sketch of his remarks will be pub- tions-some created by mere order in council,
lished hereafter.                         and some by act of the assembly. The idea of
Mr. JENIFER could not discover any beneficial their political independency is utterly unfoundeffect, he said, that could result from the amend- ed.
ment. He went for the substance, riot for the  The history of the Convention which adopted
shadow. He would go as far as any man to pro- the Constitution, shows this. The counties were
tect the interests of the counties, but he was not represented in the Convention equally, because
willing to admit that he came here as a represen- they were equal in the representation allowed untative from Charles county only. If the gentle- der the law of 1716. The same system was
man intended that a new principle was to be en- adopted, because the inequality in population
grafted on the Constitution, he (Mr. J.) would was not then very marked, and for the reason,
like to understand precisely what it was.  also, that the existence of a war in which the
Mr. GWINN said:                          common safety was involved, made it inexpedient
to quarrel about details of power.
That the phraseology which the gentleman  In the early Conventions, the counties voted as
proposed, was ambiguous in meaning. If intend. counties. But it will be seen by reference to
ed only as a designation of the localities from  page 176, of the journal of that Convention, that
which we came, there was no serious mischief the Constitution was adopted by a very different
in the words-but if, on the other hand, it was rule. Until the 22d June, 1776, all votes were
meant as an assertion of the theory that the coun- determined by a majority of counties, and the
ties and city of Baltimore, were parties to the majority of a county delegation, had the right to
old compact and to the new arrangement in their cast the vote of the county. Now, on the day remunicipal capacities-it was utterly unfounded. ferred to, it was resolved, that all votes should be
And since the words which the gentleman pro- determined by a majority of members. Under
pcted to insert, Were of a doubtful meaning, it this rule any article could have been carried, and
was better to adhere to terms, about which the whole Constitution adopted by a minority
there could be no mistake.                of counties. For instance, say there were twelve
The theory of county compact had been urged counties-seven would be a majority. If three,
many times in the legislature. It had been re- out of five delegates, could cast the vote of a
motely hinted at during the last session. But it county, twenty-one would carry a measure,
was strange that any one who took the least against the fourteen negatives in the seven counpains to examine the history of the State, ties, and the twenty-five negatives in the five
could use language which admitted by construc- counties, supposing them all to vote the same
tion, of such a theory. He would state a few  way, making in all thirty-nine. But, when the
facts, which would place the counties in their majority rule was adopted, this could no longer
true light, as constituent portions of the State.  be; and the minority of the counties might rule
The county of St. Mary's was undefined by the majority. These enquiries had been entered
any boundaries when first alluded to in our early into, when the reform bill was under discussion,
records. It was the part of the Province which in the House of Delegates last year; but he made
lay around the infant colony.             no apology for renewing references which were
The lines of Kent county were equally uncer- perhaps information to some present, and which
tain. It was the whole shore opposite to Kent Is- the theory stated, made necessary.
land, which was then a commanderate, as it was  This theory of the political individuality of the
termed. Theywere sotermedonlyto distinguish counties, was disproved by other circumstances
the localities to which reference was made. The also. Most present were familiar with the suit




237
brought by Washington county against the Balti- the Convention of 1776, considered our old Conmore and Ohio Rail Road company, to recover stitution as a "quasi confederacy," as Mr. Mcthe penalty of one million dollars, which that MAHON, has expressed it, it is altogether inconcompany was to have paid to the use of Washing- sistent with the conduct of that Convention, in
ton county in the event of failing to pursue a having, without asking consent of Frederick
specified route. This might have been regarded county,carved out of that, then very large county,
as a contract with the county if the Legislature the counties of Montgomery and Washington.
represented parties dealing for it, and with it, as Now we all know that the Constitution of the
corporate agents. And this necessarily would United States, which is a government for a conhave been the construction, if there had been a federacy, expressly denies to the general governparticle of truth in such a theory. The Legisla- ment the power to disturb the boundaries of any
ture remitted the penalty, and Washington county one State of the Union, without its consent.
failed to show that the law was unconstitutional.  Anticipating that the Convention would do
The gist of the decision was the merely p'o- nothing to countenance the idea that the old
litical character of the county organization. They Constitution was nothing more than articles of
are municipal corporations-nothing more. They confederation between the counties of the State
can be divided, and sub-divided-new arranged and the city of Baltimore, Mr. THOMAS contend-obliterated even, at the pleasure of the politi- ed that there was nothing in the history of its
cal power of the State. Why then encourage a adoption that would justify a further continuance
theory that will lead only to mischievous results? of that rule of apportionment, which gave to the
Mr. JOHN NEWCOMER gave notice of an amend- counties and the city of Baltimore the represenment which will be found hereafter.       tation they now have, respectively, in the House
Mr. BOWIE suggested a modification of his of Delegates and Senate, and upon this floor.
amendment to Mr. DASHIELL, which was accepted.  We had no census showing accurately the poMr. THOMAS said, that the amendment of the pulation of the several counties in the State in
gentleman from Somerset,(Mr. Dasheill,) was in 1774. We had the census taken by the United
direct conflict with the language of the law under States in 1790. By referring to that census it
which we had assembled. It would be seen, by would be found that the population residing in
reference to the first section of the law calling this that section of the State who desire to have a
Convention, that the people of Maryland, in the new Constitution, exceeded by a few thousand
aggregate, were invited to vote for and against only, the number of the population in that part of
the Convention; and in the third section of the the State where an amendment of the old Consame law, it is declared; that the Convention shall stitution had been uniformly resisted. From
assemble, if a majority of all the people of the this fact it is not unreasonable to suppose, that
State, declare in favor of such an assemblage. sixteen years before that census was taken, in
We are here, then, at the instance of and with  174, the majority of the people of Maryland
authority of the people of Maryland. The sense resided in the counties who have a majority
of the several counties and of the city of Balti- of the members of the House of Delegates and
more, was not taken separately. And it cannot, of the Senate, and a majority of the memwith any propriety, be denied that the language, hers of this Convention. And we may infer
as it is now in the preamble to the bill of rights, that the Convention of 1774, in giving to each
is true and applicable to our proceedings.  county an equal vote on some questions, acted
But, says the gentleman from Somerset, the with great magnanimity in permitting the westConvention who adopted the present Constitution ern counties of the State to have more votes than
of Maryland, voted on questions arising therein, their population then justified. How different
by counties, each county being entitled to one is the scene now? The population on one border
vote. Even if that was so, it would not effect of Maryland is three times as great as the poputhe question now before this Convention. We lation in the counties on the eastern and westare not adopting a preamble to the old Constitu- ern side of the bay. Nevertheless this last named
tion, but we are proposing to prefix one to the section controls the Legislature, and has control
Constitution which we are about to form. The in this Convention. Against this state of things
law calling us together, having been passed by the people of the western counties came here to
the members of the Senate and House of Dele- remonstrate. They admit that those brethren
gates, voting per capita, and having been sane- who had the legislative branch of the governtioned by a majority of all the people of this ment in their hands are patriotic, honest, and caState, that majority being ascertained by their ag- pable. They claim to be possessed of the like
gregated votes.,                          qualifications to make good citizens. And are
If the gentleman from Somerset, would look a not willing to pass their right of self-government
little further into the proceedings of the Conven- to others. They are willing to be governed by
tion of 1776, he would discover that in adopting a majority, and consider that to be the only powthe Constitution for this State, the members of er to which men of free wills can properly subthe Conv entionvotedper capita. On some questions mit.
for convenience, the Convention had given to  Mr. T. invited the gentleman from Somerset, to
each county a vote, but on the final vote for and look a little further into the early history of Maagainst the adoption of the Constitution, every ryland; saying, that he would willingly adoptthe
member of the Convention gave an individual rule by which the first settlers of Maryland apporvote. As to the supposition, that the gentleman tioned the members of the legislature. At that
from Somerset, seems disposed to encourage, that time, there were but two counties in the State



238
St. Mary's and Kent Island.counties. An equal bin, Spencer, Grasoa, eorge, Thomas, Shriver,
representation was not given by St. Mary's to Gaither, Biser, Stephenson, McHIenry, Magraw,
Kent Island. One representative was given to Nelson, Carter, Stewart of Caroline, Gwinn,
one-two to another-three to a third election Stewart of Baltimore city, Brent of Baltimore
district, in St. Mary's, and the whole apportion- city, Ware, Schley, Fiery, Neill, John Newcomment appeared to have been made with strict re- er, Harbine, Michael Newcomer, Davis, Waference to population. This example of our ters, Anderson, Weber, Hollyday, Slicer, Smith,
fathers, he, (Mr. T.,) was ready and willing to Parke, Shower and Cockey-49.
follow, so far as respect was paid to the number  So the amendment was rejected.
of the people, in distributing to them political  The question was then stated to beon the subpower. And if other members of the Conven- stitute amendment of Mr. PAsRKE.
tion would consent to act on the same obviously  Mr. JENIFER thought that the preamble as it
fair principle, the Constitution could readily be stood, embraced every thing essential. We had
formed.                                    lived under it sixty or seventy years without inAfter some further remarks from Mr. DA- convenience, and could still continue to do so.
SHIELL,                                      Mr. RANDALL desired, he said, to point out a
Mr. MCHENRY rose, not for the purpose, he substantial difference between the declaration
said, of prolonging the discussion, but to call the which the Convention was now making, and that
attention of the gentleman from Somerset, (Mr. which our fathers made in'76. The amendment
Dashiell,) to the fact that the old bill of rights, was in strict conformity with the powers under
framed in 1776, opened with the very words which this Convention was acting. The delegates
which were reported by the committee on the bill of'76 made a Constitution. The delegates in
of rights, as a part of the new Constitution. And this Convention were to make one, but only to
if it was not thought ambiguous then, was it recommend it to the people. The first was the
more so now?                              declaration of the delegates; this, if ever it beMr. DASHIELL said, that no such theory as he came a declaration, was to ibe the declaration of
referred to, was then dreamt of.           the people themselves. In adopting the amend.
Mr. McHENRY said, nor was it dreamt of now, ment, the Convention would be following a safe
except, perhaps, by a very few persons.    precedent, that of the Constitution of the United
But, Mr. McH. said, he had risen to demand States, and of the Constitution of several of the
the previous question.                      States.
Mr. MERRICK desiring to say a few words,   Mr. R. then moved to amend the preamble
Mr. MCHENRY withdrew   the demand for the of the report of the committee, by striking out
previous question,                         all of said preamble, and substituting in lieu
Mr. MERRICK then said:                   thereof, the following:
He should vote against the amendment for a  "We, the people of Maryland, grateful to Alvery plain reason. He thought it wisest and best mighty God for our civil and religious liberty, in
to adhere, as closely as posstble, to the language order to secure the perpetuity of these blessings,
of the old Constitution.                   do declare."
The preamble reported by the committee was  Mr. R. said, that the provision was similar to
as near to the language of the old Constitution, that which had been adopted in seven or eight of
as it well could be. It was abridged by leaving the Constitutions of the States. He thought the
out two or three words, but the substance remain- recognition of our gratitude to Almighty God,
ed the same. The two preambles, in substance, for the blessings he had bestowed upon us as a
were identical.                            people, would come with a high and holy operaHe had never regarded the counties as inde- tion upon the public mind.
pendent political communities-he had never re-  Mr. PARKE said, that the great object of his
garded them as a federative system; and the dis- amendment, was to acknowledge our gratitude
cussion of the principle upon which the political to Almighty God for the signal blessings which
power of the State was to be apportioned, was he had bestowed upon us, and to use the words,
inappropriate here.                        "we the people," in connection with the declaMr. MCHENRY now renewed the demand for ration of rights. To ensure the success of that
the previous question.                     object, he was willing to accept the amendment
There was a second; and                  of the gentleman from Anne Arundel, (Mr. RanThe main question was ordered.           dall.) The law which called this Convention
Mr. DASHIELL asked the yeas and nays;    together, got its vitality by the will of the peoWhich were ordered, and having been taken, ple. The Constitution which this Convention
resulted as follows:                       might make, could receive its vitality only in the
OIffirnative-Messrs. Morgan, Hopewell, Cham- same way. And when the members of this Conbers of Kent, Kent, Bond, John Dennis, Dashiell, vention were in their graves, this declaration
Hodson, Bowie, Sprigg, Bowling, Dirickson, would still stand an the declaration of the peoMcMaster, Hearn, Fooks, Jacobs and Kilgour.-  ple.
17.                                          Mr. JOHN NEWCOmIER now offered his substi7egative-Messrs. Ricaud, Donaldson, Wells, tute for the preamble, as follows:
Randall, Brent of Charles, Merrick, Jenifer,   We, the people of the State of Maryland, by
Buchanan, Bell, Welch, Dickinson, Sherwood of our delegates in Convention assembled at the city
Talbot, Chambers of Cecil, Miller,Tuck, McCub- of Annapolis, taking into our most serious con



239
sideration'the best means of establishing a good have power to issue writs of Mandamus and writs
Constitution in this State, declare:"       of Diminution, and such other writs as shall be
Some conversation followed.               necessary to enforce its own jurisdiction, and
Mr. CHAMBERS preferred the amendment of the may also compel a judge of a county court or
gentleman from Washington. At any time prior other inferior court to proceed to trial and judgto the vote of Friday last, he should have con- ment in a cause-and the Court of Appeal shall
curred in the view taken by the gentleman from  hold its sessions at the city of Annapolis on the
Anne:Arundel. He regarded that vote as chang- first Monday of June and the first Monday of
ing our condition in this respect. Our Constitu- December in each and every year.
tion no longer recognizes the God of the Chris-  Sec. 4. The Court of Appeals shall appoint its
tian or the God of the Jew. The invocation of own clerk, who shall hold his office for six years,
an Allmighty God is now out of place in our Con- and may be re-appointed at the end thereof; he
stitution. We recognize "a" God-any God shall be subject to removal by the said court for
under whose dispensation his worshipper may incompetency, neglect of duly, misdemeanor in
look for reward or punishment in this life or the office, and such other causes as may be prescribed
next.                                       by law.
The Indian, -the Hindoo and numerous, classes  Sec. 5. The State shall be divided into three
of Iheathens, put faith in "a " God, who, though jJudicial Districts, one on the Eastern and two on
sometimes he sleeps, or is engaged in indulgences the Western Shore, which said districts shall be
which call off his attention, yet, when aroused, laid of as the Gubernatorial districts are, and
is able to punish disobedience to his will. Some ne person from among those learned in the law
worship the great spirit of evil to deprecate his having been admitted to practice the law in this
wrath. All such are now made capable of hold-        who shall have been a citizen of this
State, and who shall have been a citizen of this
ing the highest offices in the government. Let State at least five years, and above the age of
State at least five years, and above the age of
the Convention be consistent in this respect.  thirty years at the time of his election, and a reAs to the verbal criticism of the gentleman sident of the judicial district, shall be elected
from Anne Arundel, he dissented from his opini- from each of said districts by a plurality vote of
oht. We are now making a Constitution, if we the legal and qualified voters therein, as a judge
succeed in our object-if we do make a Constitu- of the said Court of Appeals, who shall hold his
tion, it is for the people to ratify or reject what office for the term of ten years from the time of
their delegates have done.                 his election, or until he shall have attained the
The question Was then stated to be on the sub- age of seventy years, which ever may first hapstitute of Mr. JOHN NEWCOMER.              pen, and be re-eligible thereto until he shall have
Mr. N. asked the yeas and nays, which were  attained the age of seventy years, and not after;
refused.                                   subject to removal for incompetency, wilful negThe question was then taken, and by ayes 33, lect of duty, misdemeanor in office, and such
noes 1,' the substitute was adopted.        other causes as may be prescribed by law, by
And the preamble, as thus amended, was adopt- presentment of the Grand Jury and conviction of
ed.                                         a petit jury of the county in which he may reside.
Mr. SPENCER moved that the bill of rights, as: or by the Governor upon the address of the Geneamended, be printed.                        ral Assembly. two-thirds of the members of each
Ordered accordingly.                      house concurring in such address. The salaries
THE JUDICIARY.               of the judges of the Court of Appeals, shall be
two thousand five hundred dollars annually, and
Mr. BowIE, Chairman of the Committee Ton shall not be diminished during their continuance
the Judiciary Department, submitted the follow- in office.
ing report:                                   Sec. 6. The Legislature may hereafter, should
The committee on the Judiciary, beg leave Ato the public convenience require it, increase the
make the following                          number of judges of the court of appeals to five;
REPORT                    in which event, a new division of the State into
five judicial district, shall be made in such manSection 1. The judiciary Power of this State ner as to secure two to the Eastern and three to
shall be vested in a Court of Appeals, in County the Western Shore.
Courts, in such courts for the city of Baltimore as  c. 7. No judge of the Court of Appeals
may be herinafter prescribed, and in justices of e. No judge of the Court of Appeals,
may be herinafter prescribed, and in justices of shall sit in any case whereinhe may be interested,
the peace. 2TeoroAelslcns               for where either of the parties may be connected
Sec. 2. The Court of Appeals shall consist of with him by affinity or consanguinity within such
aXChief Justice and two Associate Justices, any degrees as may be prescribed by law, or where
two of whom shall form a quorum. The Gov- he shall have been of counsel in the cause. When
ernor by and with the adviceof the Senate, shall the Court of Appeals, or any two of its members
designate the Chief Justice.                shall be thus disqualified to hear and determine any
Sc. 3. The Court of Appeals shall be co-ex- cause or causes in said court, or when no judgtensive with tie limits of the State, but in crimi- ment can be rendered in any case or cases in
nal cases, and in appeals from interlocutory judg- said court, by reason of the equal division of
ments and decrees, with such exceptions and un- opinion of said judges, the same shall be certified
der suei regulations as may be prescribed by law, to the Governor of the State, who shall immediafnd the Curt of Appeals and judges thereofshall ately commission the requisite number of persons




240
learned in the law for the trial and determina- Pleas," which shall have civil jurisdiction in all
tion of said case or cases.               suits where the debt or damage claimed, shall not
Sec. 8. All judges of the Court of Appeals, of exceed five hundred dollars.
the county courts and of the courts for the city  Sec. 12. There shall also be in said city, anothof Baltimore, shall by virtue of their offices, be er common law court, having jurisdiction over all
conservators of the peace throughout the State. suits where the debt or damages claimed, shall
The style of all laws shall run thus: "Be it en- exceed the sum of five hundred dollars; and each
acted by the General Assembly of Maryland;" of said courts shall be vested with all powers
all public commissions and grants thus: "The now held and exercised by Baltimore county
State of Maryland, &c.;" and shall be signed by court, as a court of law; and this last court shall
the Governor, with the seal of the State annex- be styled "the Superior court of Baltimore
ed; all writs and process shall run in the same city."
style, and be sealed and signed as usual, and all  Sec. 13. There shall also be established a court
indictments shall conclude, "against the peace, having equity jurisdiction, for the city of Baltigovernment and dignity of the State."      more, whose style shall be "the Chancery court
Sec. 9. There shall be a county court in each of the city of Baltimore," and which shall have
county of the State, to consist of one judge, who and exercise the equity jurisdiction now exershall be elected by a plurality vote of the quali- cised by Baltimore county court, sitting as a court
fled and legal voters of said county, from among of equity. Each of the said three courts shall
those learned in the law, having been admitted consist of one Judge, who shall hold his officefor
to practice the law in this State, and who shall the term of ten years, subject to the provisions
have been a citizen of this State at least five of this Constitution, with regard to Ithe elecyears, and above the age of thirty years at the tion, and qualification of Judges and their retime of his election, and a resident of said coun- moval from office; and the salary of each of the
ty. The said judge shall hold his office for the said Judges shall be twenty-five hundred dollars
term of ten years from the time of his election, per year.
or until he shall have attained the age of seventy  Sec. 14. The court of common pleas shall have
years, whichever may first happen, and be re- jurisdiction in all appeals from Magistrates' deeligible thereto until he shall have attained the  cisions in the said city, and the said appeals shall
age of seventy years, and not after, subject to be be made to the said court; and the Chancery
removed for incompetency, wilful neglect of court shall have jurisdiction in all applications
duty, misdemeanor in office, and such other for the benefit of the insolventlaws of this State,
causes as may be prescribed by law, by present- and of the administration of the estates of insolment of a Grand Jury and conviction of a petit vent debtors, and the supervision and control of
jury of said county, or by the Governor, upon the trustees thereof.
the address of the General Assembly, two-thirds  Sec. 15. There shall be established an orphans'
of the members of each House concurring in such court for Baltimore city, which shall consist of
address. His salary shall be two thousand dol- one Judge, who shall hold his office for the term
lars annually, which shall not be diminished du- of ten years, and who shall have all the powers
ring his continuance in office. He shall reside now vested in the orphans' court of Baltimore
in or near the county town, and shall hold two county, within the limits of said city, subject to
common law terms in each and every year, at such regulations as the Legislature may establish
such times and places as may be prescribed by for the conduct of the ordinary business of the
law, and attend at the court house of said county said court, by the Register of Wills of the said
as often as the Legislature may prescribe by law  city; and who shall be subject to the provisions of
for the transaction and despatch of judicial busi- this.Constitution, as to the election and qualificaness.                                      tions of Judges and their removal therefrom -and
Sec. 10. The said county courts, or the judges the salary of the said Judge shall be two thousand
thereof respectively, shall be courts of law and dollars per year.
equity, and have original jurisdiction in all civil  Sec. 16. There shall also be a criminal court
and criminal cases arising in their respective for the city of Baltimore, to be styled "the
limits; and in all respects have the same powers Criminal court of Baltimore city," which shall
and jurisdiction that the present county courts consist of one Judge, and shall.have and exercise
of this State now have, or which shall hereafter all the jurisdiction now exercised by Baltimore
be prescribed by law. They shall also have ex- city court, except so far as the same may be
elusive jurisdiction in all matters relating to last vested in the police court hereafter to be estabwills and testaments, executors and administra- lished, and shall have exclusive jurisdiction in
tors and guardians, within their respective limits, cases of petition for freedom, and in all cases of
and all and every other power which the orphans' petitions to cancel or enforce contracts of apcourts of this State now have, or which may be prenticeship-and the said Judge shall receive an
hereafter prescribed by law. They shall also annual salary of two thousand dollars per anhave and exercise appellate jurisdiction from the num, and shall be subject to the provisions of
judgments of justices of the peace, subject to this Constitution, with regard to the election and
such rules and regulations as may be prescribed qualification of Judges and their removal from
by law.                                    office.
Sec. 11. There shall be established for the city  Sec. 17. There shall also be established a court
of Baltimore, one court with common law juris- tobe styled "the Police court of Baltimore city,',
diction, to be styled the court of "Common to consist of one Judge, who hall hold this office




241
for the term of ten years, and who shall be sub- said counties and city respectively, in lieu of all
ject to all the provisions of this Constitution with fees and perquisites as.now established by law.
regard to the election and qualification of Judges In the event of any vacancy in the office of Regand their removal from office; and the said court ister of Wills, said vacancy shall be filled by the
shall have jurisdiction in all prosecutions for as- judge or judges of the court, until an election
sault and battery-forkeeping disorderly houses —  can be held, which shall take place under the
for larceny where the property stolen does not directions of the Sheriff, upon thirty days public
exceed in value the sum of twenty dollars-in notice thereof.
all prosecutions for receiving stolen goods, know-  Sec. 21. There shall be five Justices of the
ing them to be stolen-and for selling goods with- Peace, in each election district of every county
out license: and it shall be the duty of the Le- of the State, and two in each ward of the city of
gislature to provide for quarterly sessions of the Baltimore, to be elected by a plurality vote of
said court for the purpose of trying those cases the qualified voters in each of said districts and
in which a trial by jury maybedemanded by the wards respectively, who shall hold their offices
accused; and also to provide that the said court for two years, from the time of their election and
shall hold frequent sessions for the trial of cases, until a successor in office is elected. They shall
subject to its jurisdiction in which the accused be, by virtue of their offices, conservators of the
may not demand a jury trial; and the Judge of peace in the said counties and city respectively,
the said court shall receive an annual salary of and shall have such civil and criminal jurisdicfifeenhundred dollars.                     tion, as shall be provided for by law. In the
Sec. 18. There shall be a clerk of each county event of a vacancy in the office of a Justice of
court, who shall be elected by a plurality vote of Peace, a new election shall be held under the dithe qualified voters of each county, and who shall rections of the Sheriff of the county or city where
hold his office for the term of six years, from the such vacancy occurs, upon ten days notice theretime of his election and until a new election is of; an appeal shall be in all civil cases from the
held, and be re-eligible thereto, subject to re- judgment of a Justice of the Peace, to the judges
moval for wilful neglect of duty, or other misde- of the county courts and of the court of common
meanor in office by presentment of a Grand Jury pleas for Baltimore city, as the case may be, and
and conviction of a Petit Jury, of the county in on all such appeals, either party shall be entitled
which he shall reside. There shall also be a to a trial by jury, where the amount in controclerk of the Court of Common Pleas in Baltimore versy shall be above ten dollars.
city, who shall also be the clerk of the Superior  Sec. 22. Sheriffs shall be elected in each county
Court of Baltimore citys and the Register in and in the city of Baltimore, every third year,
Chancery of the Chancery Court of the city of that is to say: two persons for the office of sheriff
Baltimore, and there shall also be a clerk of the for each county, and two for the said city, the
criminal court of Baltimore city, who shall also be one of whom having the highest number of votes
the clerk of the police court of Baltimore city, and of the qualified voters of said county or city, or
each of said clerks shall be elected by a plurality if both have an equal number, either of them, at
vote of the qualified voters of the city of Balti- the discretion of the Governor, to be commismore, and shall hold his office for six years, from  sioned by the Governor for the said office, and
th e time of his election, and until a new election having served for three years, such person shall
is held, and be re-eligible thereto, subject in like be ineligible for the four years next succeeding;
manner to be removed for wilful neglect of duty bond with security to be taken every year as
or other misdemeanor in office by presentment usual, and no sheriff shall be qualified to act beof a grand jury and conviction of a petit jury of fore the same be given. In case of death, refusaid city. In case of a vacancy in the office of a sal, disqualification or removal out of the county,
clerk, the judge or judges of the court of which before the expiration ofthe three years, the other
he was clerk, shall have the power to appoint a person chosen  as aforesaid, shall be comclerk until an election can be held, which shall missioned by the Governor to execute the said
take place under the directions of the Sheriff office, for the residue of the said three years, the
upon giving thirty days public notice thereof.  said person giving bond with security as aforeSec. 19. The Legislature shall provide by law, said. No person shall be eligible to the office of
some plain, intelligible and simple mode of corn- Sheriff, but a resident of such county or city repensation to the clerks of the several courts in spectively, and who shall have been a citizen of
this State, in lieu of the existing mode of fees.  this State at least five years preceding his elecSec. 20. There shall be a Register of Wills in tion, and above the age of twenty-one years. The
each county of the State, and in the city of Bal- two candidates properly qualified having the
timore, to be elected by a plurality vote of the highest number of legal ballots, shall be declared
qualified voters of said counties and city respec- duly elected for the office of sheriff for such
tively, and who shall hold his office for six years county or city, and returned to the Governor
from the time of his election, and until a new  with a certificate of the number of ballots foreach
election shall take place, and be re-eligible there- of them.
to, subject to be removed for wilful neglect of  Sec. 23. Constables, coroners, and elizors,
duty, or other dismeanor in office, in the same shall be appointed for each county and the city
manner that the clerks of the county courts are of Baltimore, ia the manner now prescribed by
removable. The Legislature shall provide by law, or in such other manner as the General Aslaw, suitable annual salaries for such Register of sembly may hereafter direct.
Wills, to be levied on the assessable property of  Sec. 24. No Judge shall sit in any case wherein
31




242
he may be interested, or where either of the par- county, and partly in another, or whenever perties may be connected with him by affinity or con- sons proper to be made defendants to proceedsanguinity, within such degrees as maybe prescri- ings in Chancery, reside, some in one county and
ed by law, or where he shall have been of coun- some in another, that court shall have jurisdicsel in the cause, and whenever any of the judges tion in which proceedings shall have been first
of the county courts, or of the courts of Balti- commenced, subject to such rules, regulations
more city, shall be thus disqualified, or whenever and alterations as may be prescribed by law.
by reason of sickness or any other cause, the said  Sec. 29. In all suits or actions at law, and in
judges, or any of them, may be unable to sit in all presentments and indictments, hereafter to
any cause, the parties may, by consent, appoint be commenced or instituted in any of the courts
a proper person to try the said cause, or the of law of this State, having jurisdiction thereof,
judges shall exchange districts, and hold courts the judge or judges thereof, upon suggestion in
for each other, when they may deem it expedi- writing, if made by the Attorney General, or the
ent, and shall do so when directed by law.  prosecutor for the State, or upon suggestion in
Sec. 25. No new original bill shall be filed or writing supported by affidavit, if made by any
received in the High Court of Chancery of this other of the parties thereto, that a fair and imState, from and after the ratification of this Con- partial trial cannot be had in the court where
stitution, by the people of this State, nor shall such suit or action at law, or presentment and
any cause be removed from any other court  indictment is depeding, shall and may order and
the State, to the said court of Chancery from and direct the record of proceedings in such suit or
after the said ratification; but all causes and pro- action, presentment or indictment, to be transceedings now pending, or which may be pending mitted to the judge of any adjoining county for
in the said court of Chancery at the time of the trial, who shall hear and determine the same in
said ratification, shall be heard, determined and like manner as if such suit or action, presentproceeded with, by the present Chancellor or his ment or indictment, had been originally institusuccessor in office, until they shall be brought to ted therein; provided nevertheless, that such suga final close, provided the same be done in five gestions shall be made as aforesaid, before or duyears, from                                 ring the   t ime of said ratification, and ath the issue or issues may
the end and expiration of said five years, from  be joined, in said suit or action, presentment or
the time of the said ratification, or sooner if the indictment. And provided also, that such furthsaid business  hancer   e     r           of r remedy in the premises, may be sooner disposed by
the office of Chancellor of this State, and the of- law as the legislature shall from time to time difice of Register in Chancery, shall be,and they are rect and enact.
hereby abolished. The present Chancellor and  S.    e         o 
Register in Chancery, and in the event of any  Sec. 30. Al  elections of judges and other oflivacancy in their respective offices, their succes-  ers provided for under this article of the constisors in office respectively, to be appointed, as at tution shall e certified, and the returns made by
present, by the Governor and Senate, shall, dur-the clerks of the respective counties to the Gov
ing said five years, or other shorter period, re- ernor, who shall issue commissions to the differceive the same salary and compensation, which ent persons for the offices, to which they shall
they now receive. The Legislature shall pro  have been respectively elected
vide by law, for the recording, safe keeping, or            ESTIMATES
other disposition of the records, decrees and
other proceeding of the said court of Chancery,  Submitted by the Committee on the Judiciary.
at the end and expiration of said five years or Costs of the present Judiciary of Maryland un
other shorter period, and for the transmission to                  n      n
the several counties of the State and city of Bal-    der the old  osttuton:
timore, of all such causes and proceedings in said Twelve associate judges of
court, as may be then undisposed of and unfin.  county courts, at $1,400
ished, in such manner, and under such regula-  per annum,...  16,800
tions as may be deemed necessary and proper.  Six chief justices of county
Sec. 26. The present judges of the county   courts at $2,200,..   13,200
courts, of the orphan's courts, of Baltimore city One chief judge of Court of
court, and of the magistrates' courts, and of the  Appeals, (extra pay allowcommissioners of insolvent debtors for the city  ed by law,)...    300
of Baltimore, and justices of the peace shall re- Extra pay allowed by law to
main in office until the election and qualification  judges of Baltimore county
of the judges, and justices of the peace whose  and city,...   8,000
election is provided for by this Constitution and The Chancellor's salary,  3,000
no longer.                                  Sixty-six judges of Orphans'
Sec. 27. The first election of judges, clerks,  courts in the counties and
registers and justices of the peace, and all other  city of Baltimore, at an avofficers whose election by the people is provided  erage by actual returns of
for in this article of the Constitution shall take  $300, to each judge,..  19,800
place throughout the State on the first Wednes- Salary of the commissioners
day of October next, after the ratification of this  of insolvent debtors for the
Constitution by the people.                   city of Baltimore, at $2,000
Sec. 28. Whenever lands lie partly in one  to each,...       6,000




243
Salary of the judges of Balti-                A discussion of some length followed, having
more city court,..    4,100          reference to the propriety of the postponement.
Total costs of the present                    The result was that the Report was read
system,...          $71,200 through, and its further consideration was then
Costs of the judiciary system report-     postponed (as a special order) until to-morrow.
ed from the committee on the judiciary, under the new Constitution:                          THE JUDICIARY
Three judges of Court of Ap-                  Pending this discussion,
peals, at $2,500 to each,.  7,500          On motion of Messrs. BowIe and BUCHANAN,
Twenty judges of county                       The Report of the Committee on the Judiciary
courts, at $2,000,,     40,000          was read.
Four judges of law    and                     And the said Report was made the special orequity for Baltimore city,'               der of the day for Monday week.
at $2,500 to each,.     1.0,000           And then the Convention adjourned until toOne judge for orphans' court                morrow at eleven o'clock.
business for the city of Baltimore, at 2,000,..   2,000
One police court judge for
Baltimore city,..       1,500
Total cost of system under
new Constitution,..-          61,000
WEDNESDAY, February 12th, 1851.
Difference in favor of new
system,10,200                               The Convention met at eleven o'clock.
If to this be added the ami't                 Prayer was made by the Mr. Rev. GRAUFF.
of fees of two hundred and                  The Journal of yesterday was read in part,
sixty-nine judges of magis-               when, on motion of
trates' courts, now in com-                 Mr. MAC-RAVW, the further reading was dispenmission, and proposed to                  sed wlth.
be abolished, estimated at                               TIE JUDICIARY.
$100 to each, equal to.          26,900
$100 to ec, e l to       Mr. CRISFIELD said he was not present yesterThe difference will be,              37,100 day when the Chairman of the Committee on the
Judiciary, (Mr. BOWIE,) made a report from that
Mr. SMITH offered the following order which committee. It did not appear from the journal
was adopted:                               but that the report had the concurrence of the
Resolved, That the committee appointed by thewhole committee. Such was not the case. Mr.
esorved, That the committee appointed by r el C. said he felt it due to himself that he should
order of the gentleman of Anne Arundel, (Mr. express to the Convention his dissent. He espeDorsey,) on page 269 of the Journal, be a com-o the Convetion his dissent. He espemittee upon the subject of new counties; and the cinlly objected to the time and mode of appointorder of inquiry submitted by Mr. Smith of Alle- ing the Judges proposed; to the principle of regany, on page 166 of the Journal, upon the sub- eligibili  ad to having a Jdge for each counject of a division of Allegany count, be referred ty. He also had other objections of less importto said committee.                      e   ance.  But he did not propose, at this time, to go
Which was twie rd ad a d.      into an examination of the subject; at the proper
Which was twice read and adopted.         time when this subject should be called up for
THE ELECTIVE FRANCHISE.           the consideration of the Convention, he should
take occasion to express his opinions at large.
Mr. MORGAN moved that the Convention pro- For the present he only designed to inform the
ceed to the consideration of the Report of the Convention, and his constituents, that he did not
Committee on the Elective Franchise.        concur in the report.
Mr. CHAMBERS, of Kent, suggested that the bill  The PRESIDENT, pro tern. Does the gentlehad been put into a shape by himself and the man desire that his dissent should be entered on
gentleman from Cecil, (Mr. McLane,) which he the journal?
(Mr. C.) hoped might be acceptable to the Con-  Mr CRISFIELD. No, sir. I am satisfied with
vention; but as that gentleman was confined to giving this notice.
his room by sickness, he (Mr. C.) hoped the   Mr. DORSE1 presented a petition of sundry
motion would be withdrawn.                  citizens of. Howard District in Anne Arundel
Mr. MORGAN withdrew the motion.           county, praying that said Howard District be
erected into a new county, to be called "HowTHE LEGISLATIVE DEPARTMENT.
ard county;"
Mr. HARBINE moved that the Convention pro-  Which was read, and
ceed to the consideration of the Report of the  On motion of Mr. DORSEY,
Committee on the Legislative Department of the  Laid on the table.
Government.                                   The PRESIDENT, pro tem., called for reports
The Report was announced-when the Chair- from committees, notices, resolutions, and moman of the committee, not being in the city, a tions.
motion to postpone was made.                  None were offered.




244
HOWARD DISTRICT! Dorsey,) was an important one, and he, (Mr. P.,)
Mr,,~~~~~- ~,, ~. D E   thought that the gentleman was mistaken in supMr. DORSEY moved that the Convention pro-. 
posing that the report would pass sub silentio, or
ceed to the consideration of the report heretofore 
ab imtcommittee appoint-. or without debate. For his own part, he, (Mr.
made by him, from the select committee appoint-...made by him, from the select committee  P.,) was not disposed to give his vote in favor of
ed to consider and report respecting the forma-                 ntil he had first ascererecting new counties, until he had first ascertion of new  counties, in relation to erecting       te bi o rr        tti  w   t
i tained uwhat the basis of representation was to be.
Howard District into a new county to be called               argment of the gentleman
tle thought that the argument of the gentleman
H    ioward county. a               o     from Anne Arundel, (Mr. Dorsey,) did not apThis Report had been made the specialorder  ply, because the report of the legislative commitof the day for this day.
of the PEITday for this day.  anone t  i  tee provided how new counties, made by subditeThe PRESIDENT,sW f., announced the said vision, should be represented in the legislative
Report to be the business before the Convent   ion.) would
halls. In addition to this, he, (Mr. P.,) would
THE LEGISLATIVE DEPARTMENT.         state, that there was a number of gentleman on
both sides of the Convention who were anxious
Mr. PHEELPS rose to inquire of the Chairman, to vote upon the second section of the report of
whether the unfinished business of yesterday (the e committee on the legislative department, and.eport on th.e~oislativ  De ent the  committee on the legislative department, and
Report on the Legislative Department of the who were desirous to leave the city. He thought
Government) had not precedence over the Re- that an opportunity should be'extended to them to
port of the gentleman from Anne Arundel, (Mr.         sentiments and to record their votes
Dorsey.) He, (M. P.)badyestedaybeen express their sentiments and to record their votes
D)orsey.):He (Mr. P.) had yesterday been om- upon the section. (It was that which related to
pelled, very strongly against his wishes, to take biennial sessions.) He hoped, therefore, that
up the former subject, and, having been so, he the report of the committee on the legislative dedid not now feel disposed to yield its title to pri- partment would be taken up to-day.
ority. He had also stated the other day, and he 
now repeate, that he was unwilling to take up  Mr MERRICK said it was deeply to be regretthis question as to Howard District until the ted, that so much of the time of the Convention
question of representation and apportionment had  was consumed in discussing the order of business.
been settled.                              At the time of the adjournment yesterday, it was
manifestly the fixed purpose of the Convention
The PRESIDENT, pro tein., replying to the point to go on with the report of the committee on the
of order raised by Mr. PHELPS, stated the condi- legislative department; and it was only by an ertion of the business upon the calendar, and pro- ror, as he ad before stated, that the difficulty had
ceeded to say, that the Convention had yesterday, arisen this morning. Ie hoped that the purpose
taken up the Report from the Legislative De- still existed in he mind of the Convention, to
partment. That report had not been made the proceed now with this important part of the puborder of the day for any particular day. If the li business. And he submitted that there was
report had been allowed to remain where it was no necessity to act upon the report of the comleft yesterday, after it had been read, it would mittee relative to  oward District, in anticipahave come up to-day as unfinished business. But tion of the report of the legislative committee.
the Convention had thought proper to take it out
of its line, and to make it the special order for  Mr. DORSEY said he had looked at the report
to-day. It would, therefore, come up after pre- of the committee on the legislative department
vious special orders should have been disposed with some care, and he assured gentlemen that
of.                                        they were mistaken in supposing that a re-conMr. MERRICK thought,he said, that the decision sideration of the legislative report would not be
of the Chair was correct. The Convention had necessary if it was acted upon before the report
been brought into the difficulty in which it was of the committee on Howard District. He could
now placed, byanerror on its own part. And in turn to the report and satisfy gentlemen that they
order that the Convention might clear itself from  were mistaken but he did not wish to take up
thetime oftheConvention. He thouwh toha take
this difficulty, he would move that all previous the time of the Convention. He thought that the
orders be postponed, with a view to enable the Howard District report would occupy but little
Convention to proceed to the consideration of the time, and le hoped that the Convention would go
Report of the Committee on the Legislative De- on and dispose of it now.
partment.                                    The PRESIDENT, pro tern., stated the question
Mr. DORSEY briefly opposed the motion to post- to be on the motion of Mr. MERRICK, to postpone
pone the Howard District report, and suggested the consideration of the Howard District report,
that if the report of the legislative committee with a view to take up the report of the commitshould be first acted upon, it would be requisite tee on the legislative department.
to re-consider portions of its provisions, in order  Mr. BROWN hoped that the motion to postpone
to accomodate them to the action of the Conven- would not be agreed to. The best way to get
tion upon the other report. He presumed it through with the business of the Convention, was
would not occupy much time.                to consider and dispose of it in the order in which
Mr. DONALDSON hoped that the Convention  it came up.
would take up the Howard District report.    Mr. JENIFER gave notice that if he should be
Mr. PHELPS hoped, he said, that the motion of absent, (as he probably might be,) when the rethe gentleman from Charles, (Mr. Merrick,) port from Committee No. 14, in relation to the
would prevail. The question involved in the re- establishment of a Board of Works, should come
port of the gentleman from Anne Arundel, (Mr, up, he did not desire that the Convention should




245
regard his absence as any objection to taking it old Constitution better. Mr. D. read the two.
up.                                         The provision of the old Constitution, he thought,
HOWARD DISTRICT.               expressed every thing quite as explicitly, and in
fewer words.
The PRESIDENT, pro te)n., again stated the ques-   words.
Mr. CHAMBERS, of Kent, suggested that he suption to be on the motion of the gentleman from  Mr. CHAMBERS, of Ken, suggested that he supCharles, (Mr. Merrick,) to postpone the Howard posed the deato have been to make an article
District report. And the PRESIDENT, pro tem., of each branch or department of the government,
and then to sub-divide the articles into secstated that a vote of two-thirds would be required nd then to sub-divde the articles into sec-the motion being for a suspension of the rules. ons
Some conversation on the point of order fol-  Mr. PHELPS concurred in the explanation givlowed between Mr. MERRICK and the PRESIDENT, en by Mr. CHAMBERS, and said, that the commitpro tem., when                             tee on the legislative department had framed the
The PRESIDENT, pro ter., then decided that, phraseology of their report, in accordance with
inasmuch as the Convention had taken up and that contained in other reports, and had not
proceeded to consider the report of the gentle- thought proper to depart from the usual manner
man from Anne Arundel, (Mr. Dorsey,) it was of expression.
competent for the Convention, by the vote of a  As to the substitute amendment proposed by
majority, to postpone its further consideration.  the gentleman from  Anne Arundel, (Mr. Dor-''he question, "shall the further consideration sey,) he, (Mr. P.,) had no objection to it. He
of the said report be postponed," was then taken, felt himself placed, however, in an unenviable
and by ayes 36, noes 34,                   position in regard to this report. He was not
The further consideration thereof, was post- prepared, in the absence of the chairman of the
poned.                                     committee, (Mr. Johnson,) to make a repor
himself.
THE LEGISLATIVE DEPARTMENT.        himsef.
That gentleman came here a few days ago,
The Convention thereupon, proceeded to the and was anxious to leave the next day. His reconsideration of the report made on the twenty- port was submitted to the committee, and was
eighth ultimo, by'Mr. JOHNSON, as chairman of just read with the understanding that each memthe committee on the legislative department of ber of the committee might dissent from the rethe government,                            port, or offer any amendments to it. Subsequent[For this report, see the date in which it was ly, the chairman of the committee, had stated to
made.]                                     him, [Mr. P.,] that he probably might not be
Mr. DORSEY said, that he was not in his seat here when the report was taken up, and had
yesterday, being engaged in the court above. He asked him, [Mr. P.,] to take charge of it in his
did not, therefore, know on what part of the re- absence. He had answered generally, that he
port the Convention was engaged. He had an would endeavor, in the best way he could, to
amendment which he desired to offer to the first carry out the design of the report.
section of the report.                       He concurred with the gentleman from Anne
The PRESIDENT, pro. tern., stated that yester- Arundel, (Mr. Dorsey,) that the language of the
day the report had been read for information on- old Constitution was more concise and expressive
ly; no progress had been made in it. The first than that of the report.
section of the report was now under considera-  Mr. B E  I accept the amendment then;
tion.
The first section of the report was then read as  Mr. DoRSEY, (referring to the resolution on
follows:                                   the journal,) submitted that it would be better
to arrange the provisions of the report with a
Section 1. The legislative power of this State view to having them numbered from  beginning
shall be vested in two distinct branches, the to end. It would prevent mistakes. He thought
one to be styled the Senate, the other the House that the resolution showed that the intention of
of Delegates, and both together, "the General the Convention was such as his amendment indiAssembly of Maryland."                     cated. He was not tenacious about it, but he
Mr. DORSEY moved to strike out the first sec- thought its effect would be beneficial.
tion, and to substitute for it an amendment,  Mr. MERRICK said, he thought it was not ma(hereafter noticed,) commencing as "article" terial whether the word "article" or "section"
first.                                     was used. Yet, he thought, that perhaps, for
Mr. D. explained, that, by reference to page the reason suggested by the gentleman from
106 of the journal, the Convention would per- Kent, (Mr. Chambers,) it might be better to use
ceive that the word "article" as applied to a the word "section."
clause of the report was informal. The resolu-  He concurred in the opinion expressed by the
tion introduced bythe gentleman from Baltimore gentleman from Anne Arundel, (Mr. Dorsey,)
city, (Mr. Presstman,) and which would be that the words of the old Constitution were prefound at the page mentioned, provided "that the ferable to those of the report.
several committees on the Constitution, be in-  Mr. DORSEY remarking, that the verbal amendstructed to report by articles, such propositions as ment he had proposed, would be applicable
are to be submitted by them for the adoption or to other reports, withdrew that amendment, inrejection of this body," &c.               tending to offer it again hereafter.
His, (Mr. D's,) reason for the motion to strike  The question then was on the motion of Mr.
out the clause itself, was, he thought, that in the DORSEY, to strike out the said first section of the




246
report, and to substitute the words of the old These public trusts, therefore, should not be left
Constitution as follows:                   unaccounted for, for the period of two years.
"The legislature shall consist of two distinct Let the officers of the State feel and know that
branches, a Senate and a House of Delegates, they were annually responsible for their acts. It
which shall be styled the General Assembly of would be a great check upon them-a safeguard
Maryland."                                 for themselves, and for the people. He hoped,
The que n ws, ad te a    t therefore, that there would be annual elections,
wThe question was taIen, and the amendmentand annual convocations of the Legislature. So
~was agreed to.^ ^far as the matter of economy was concerned, it
The second section of the report of the corn- was not to be weighed in the balance, against the
mittee, was then read as follows:          great good to be attained.
Section 2nd. The senators shall be elected by  Mr. PHELPS said, he felt constrained to acthe qualified voters, for the term  of four years, knowledge that he felt he occupied a most unenand the Delegates for the term of  from the viable position, in regard to this report. The
day of the general election."              honorable chairman of the committee, (Mr.
Mr. PHELPS moved to strike out the said sec- Johnson,) is not now in his seat, and through the
ond section, and substitute for it an amendment, courtesy of that distingushed gentleman, in conof which he had given notice on Saturday last, nectio with the position assigned him, upon the
and which was in the following words:'committee itself, he felt called upon to exercise
at least, some supervisory care over this report.
"The senators shall be elected by the qualified e reette to  er  ith hi
for the term of four yea He regretted to differ with his friend from
voters of this State, for the term  f four years, Charles, (Mr. Merrick.) He always entertained
and the delegates in like manner, for the term of the most profound respect for his opinions. His
two years from the day of the general election;    brilliant public services, entitled him to
and the regular session of the General Assembly          o     n   e       amendment.
y regard, but he could not vote for his amendment.
shall be biennial."                        It was suggested to him, (Mr. P.,) upon his right,
Mr. MERRICK remarked that a motion to per- that his object would be attained, by moving to
fect a section was il order, before the motion to fill the blank, in the second section of the bill,
strike it out. He would, therefore, move to fill with two years. He thanked the gentleman for
the blank in the section with "one."       his kindness, but must adhere to his original moThis proposition, (Mr. M. remarked,) brought tion.
up the question of biennial or annual sessions.  He desired, by his amendment, to approach his
His own opinini accorded with the views enter- object, boldly and without cover. The majority
tamned by our ancestors, which was, that it was of the committee were in favor of biennial seswise and wholesome-a great preservative of sions of the Legislature, and the report nowunliberty and of the rights of the people, that there der consideration, was designed to accomplish
should be frequent meetings of their representa- that object; yet, without this amendment, or
tives. He did not like the idea of leaving the some other similar to it, the report would fail
whole affairs of the State of Maryland-its finan- to secure this most important proposition. Imcialconcerns and general interests-in the hands portant in his estimation, in every sense, and one
of individuals-public officers-for the period of in which the commonwealth must feel the deeptwo years, before the grand judgmentof the State est interest.
should be called to examine and pass upon their  The gentleman from Charles (Mr. Merrick,)
acts. He thought the public good required that had insisted upon frequent elections, and upon
the Legislature should meet once a year-that frequent, and direct accountability to the people.
the representatives of the people should be elec- That the representative should be forced,at short
ted at short intervals, and should account to their periods, to give an accountof his stewardship to
principals for the manner in which they had the people themselves. Now, Mr. President, I
used their powers. This was a great cardinal fully concur in these opinions. They are in strict
principle, which lay at the foundation of all free accordance with the spirit and genius of our
government. He hoped that this Convention Republican institutions. The very principle conwould not set the example of violating that prin- tended for is already engrafted upon our Bill of
ciple. Let the length of the sessions be limited, Rights, and is destined to become a part and parif the Convention chose, to as short a period as eel of the organic law of our land. Frequent
they might think proper. But there was no other elections and frequent and direct accountability
way in which the people could get at the doings of (Mr. P.) said, were doctrines which he held in
their functionaries,except through their represen- common with his friend from Charles. But what
tatives. This Convention had met to form a Con- are we to understand by these words "these cardistitution to last for years, until it should be nalprinciple?" These are relative terms, andare
found unsuited to the times. The Convention, surely not intended to designate any precise length
therefore, should look now to the dangers which of time.  These terms, if imperative, should
might threaten the State. One of these dangers apply alike to all the officers of the Governwas, the unfaithfulness of public servants. God ment. All alike should be held to direct and
forbid that he should reflect upon any man. But strict accountability. Yet, Mr. President, we
gentlemen were to consider the large sums of now have reports before the Convention provimoney which were passing through the hands of ding for the election of Governor for the term of
these officers, and should remember that the best three years, Registers of Wills, and Clerks of
and purest men, had been tempted and corrupted. the County courts for stx years, and the Judges




247
for ten years, and they are in most instances the public treasury, require no further legislamade re-eligible to the same offices. If these tion. But it is to be hoped they will soon be in
most important, and truly responsible offices, can a condition to make at least partial returns for
be held in accordance with the spirit and genius the vast amount of the public treasure which they
of the Government, for these respective terms. have cost. These subjects were, therefore, he
If their terms of service are not in conflict with hoped, not again to be agitated in these halls.
this cardinal principle in the Bill of Rights, with  The financial condition of the State, at one
the doctrine of frequent elections, and frequent time, was such as to require annual sessions of
accountability to the people, he would respectful- the Legislature. But a few years since there
ly, but earnestly inquire, where is the fearful, the was an annual accumulation of interest upon the
awful danger, to be apprehended from the elec- pdblic debt of from three to four hundred thoution of Delegates, to the General Assembly, for sand dollars. The public credit was dishonored.
the term of two years? He must be permitted The faith and honor of Maryland was a by-word
to say, that these dangers existed alone in the in other and distant lands, and repudiation even
excited imaginations of gentlemen. Your Sena- in these halls stood unrebuked  These dark and
tors in Congress, as well as in your State, hold damning clouds, Mr. President, have passed away
their positions for six years, without exciting the once and forever. A brighter and more glorious
slightest apprehension of danger; without alarm- sun has dawned upon the people of Maryland.
ing the fears of any one. Yet, gentlemen are Our public faith is fully redeemed, and we stand
startled, absolutely horrified, at the momentous at all times ready to meet our engagements. Not
consequences, which will befal the State, be- only so, but we have some three or four hundred
cause, members of the House of Delegates, are thousand dollars surplus annually, to apply to the
not returned each and every year. They would extinguishment of the principal of the public
have us believe, that the safety and perpetuity of debt. From this truthful statement, it is evident
our republican institutions were put in absolute that the finances of the State do not require an
peril, by this amendment, and that our dearest annual supervision by the Legislature.
rights, and brightest hopes would be endangered  Where then, is the necessity of returning to
by its adoption, by this House. Mr. P. said for annual sessions of the General Assembly? What
his part, he had no such apprehensions. He had is the nature and character of the great and alno doubt the morrow's sun would shine quite as most entire amount of our legislation? Why
bright, and the sky would be quite as clear, if sir, mere local enactments for local and private
this provision be incorporated upon the Constitu- purposes, and in many instances, at least, are of
tion, as if rejected. Yea, sir, our political hori- no public or even private utility.
zon will be much brightened, by its adoption, and  It has been alleged that at the last session of
this Convention, in his opinion, elevated in pub- the Legislature, it being the first under'the biennial
lie estimation. The people not only expect it, bill, that more than five hundred bills and resolubut they will demand it at our hands.      tions had passed the General Assembly. Be it
The great question at issue, Mr. President, and so; and not unfrequently the number under anthe only one, entitled to the grave consideration nual sessions had i at least approximated this
of this enlightened Assembly is, does the public amount of legislation.
interest require annual sessions of the Legisla-  Mr. P. said, he had carefully examined the nature? Is the condition of the State such, as to ture and character of those enactments about
demand the presence of the General Assembly, which gentlemen talk so much, and he had asat the seatof Government once in twelvemonths? certained that out of this number, there was one
Will the prosperity, and happiness of the people hundred and fifty-five acts of incorporation.
of Maryland be promoted, by the return to an- Nearly one third of the entire legislation of the
nual sessions of the Legislature? These are last year was taken up by enactments of this sort.
questions which this Convention is called upon to He had had some experience upon this branch
decide, and it is to be hoped, their decision will of the public service, having in the Senate of
result in the good of the Commonwealth.    Maryland, been a member of the committee on
Mr. P.'said he would now call upon honorable corporations, and he could testify to the amount
gentlemen around him, to calmly and dispassion- of trouble and vexation occasioned by this speately examine these propositions, and he called cies of legislation. These bills were always exupon them to show the necessity of this constant ceedingly lengthy, requiring much time for their
and ever accumulating amount of legislation.  consideration, both in committee and before the
The great questions connected with the inter- legislature. There was a committee in this body
nal improvement policy of the State are now set- raised upon this subject, and he felt confident
tied, and he hoped once and forever. Your Chesa- that that committee would provide by a Constipeake and Ohio canal has already reached Cum- tutional enactment, that the legislature hereafter
berland. The Baltimore and Ohio rail road was should part forever with the power of passing
stretching rapidly across the Alleghanies, and these laws, and that the power should devolve
ere long is destined to tap the Ohio river. Your elsewhere. This could be done even by the pasTidewater canal and your Susquehanna rail road sage of a general law, defining the manner and
arealready finished,lto say nothing of your Wash- conditions upon which companies could incorpoington and Annapolis and Elkridge rail roads. rate themselves.
These great internal improvement schemes Which  Again, there was out of this number twentyfor the time had so paralyzed the energies of the one laws passed to dissolve that most holy and
people of Maryland and so signally embarrassed solemn obligations of the] marriage agreement,




248
and that, too, generally upon mere ex parte testi- principle is contrary to the progresssve spirit of
mony.                                     the age. Maryland alone, should this principle
The report now under consideration provides be departed from by this Convention, will stand
that hereafter, the legislature of this State should in the unenviable attitude of what is vulgarly
have no control over this subject, but that the called "taking the back track."
courts should exercise exclusive jurisdiction, in  Mr. P. said, he would proceed to consider this
all such cases. If these two propositions be ac- amendmentas a retrenchment measure-as a proceded to by the Convention, and in his opinion, position calculated to save to the people of Mathey doubtless would be, we get rid at once of ryland, thirty thousand dollars annually, for all
over one-third of the entire legislation of the time to come. It would save the interest of half
State.                                    a million of the public debt. He would ask genTo pursue this subject a step farther, he tlemen what was the rhost potent argument used
would remark that out of the vast number of throughout the State, in favor of calling this
laws passed here at the last session, and to which Convention? He would answer, apart from the
so much importance is attached, thirteen only city of Baltimore, where increased representawere of a general character.              tion was the all prevailing argument, that reNow, Mr. President, is not this a most start. trerchment of the public expenditures, was the
ling fact, and does it not demonstrate beyond watchword everylwhere. Low salaries and the
question, the utter folly of burthening the peo. reduction of the number of officers, was the conpie of this State, with the great expense incident stant cry of the reform party, in all the counties
upon annual sessions of the General Assem- -in every section of the State. Retrenchment
bly.                                       and reform was emblazoned upon every banner,
Mr. P. said he had regarded the subject of bien- These were the watchwords of the party, and
nial sessions, as an adjudicated question-as a they ranpari posse every where. It was well
proposition solemnly settled by the people them- known here and elsewhere, that he had opselves. He believed it was so regarded through- posed this Convention, and he felt now constrainout Maryland, during the canvass of last year. ed to declare that what he had witnessed in these
Thelpeople throughout the State were called up- halls, had but strengthened his conviction of the
on at the ballot-box, in 1846, to decide for them- correctness of his own judgment.
selves, the question now under debate. The   But, Mr. President, as the people have deterprovisions of the biennial law, were published in mined this Convention should be called, and that.
every county in Maryland, and its various sec- they would have a new government, no man on
tions entered largely into the canvass before the this floor was more anxious and more sincerely
people of that fall; and in order to ascertain, be- desirous than himself to make a good Constituyond question, the sense of the people upon this tion, and one which would be well received
subject, every voter, when at the polls, was cal- throughout the State. But to return.  What
led upon solemnly to record his individual vote are the evidences upon this floor that public exfor or against this constitutional change. The pectation will be gratified with regard to these
result is well known. Out of about fifty-five propositions? What salaried officers are now
thousand votes polled, near five thousand majo- proposed to be abolished? Ah! Mr. President,
rity were declared in favor of biennial sessions of where is even the salary of one officer proposed
the Legislature. Has this Convention any evid- to be reduced? Nobwhere-no not one. Not one,
ence of change of opinion upon the subject? sir. The converse of this proposition is too true.
None whatever. Not a petition in the opposi- The necessity and even expediency of returning
tion has found its way into these halls. Not a to annual sessions of the Legislature at an inhewspaper throughout Maryland, has dared to crease of expense of thirty thousand dollars anadvocate a return to annual sessions; and gentle- nually is now strongly urged upon this floor.
men upon this floor, who are most earnest and Gentlemen who would become indignant at beviolent in their opposition to this amendment, ing called anti-reformers oppose this amendment.
have been forced to admit that no complaint Where, he would again ask, are the evidences
against the measure exists, even among their within these Halls of a determination to retrench
own constituency.                          in any manner the public expenditures?  He
Fourteen States of this Union have adopted could but repeat this most important inquiry.
biennial sessions, and among that number are  Do the reports from standing committees now
the States of Ohio, Kentucky, Tennessee and before us foreshadow the result? He could but
Louisiana. Ohio, the third State of the Union again answer no, sir, no. But a few years since
in point of population, and he believed in wealth, it was most eloquently urged upon this floor and
also has adopted this measure, and Louisiana, elsewhere, that the salary of two thousand a year
with the populous and commercial city of New  was ample for a plain republican Governor.
Orleans as her emporium, has also done so. In What say gentlemen now upon this subject?
fact, almost all the Southern Democratic States, The Chairman of the Executive Committee, the
have incorporated this provision upon their distinguished gentleman from Queen Annes, (exorganic law. He mentioned this fact to show  Governor Grason,) has given the answer. The
this House, that this amendment did not stand report of that committee proposes to fix the comobnoxious to the charge of being exclusively a pensation of the Governor at four thousand dolwhig measure.                             lars a year, just double the amount fixed upon
In no instance had this provision been adopted during the prevalence of this reform fever. The
elsewhere, and after trial abandoned. This distinguished gentleman from Cecil, (Mr. Mc



249
Lane,) who is at the head of the Committee on  ditures? Where shall we look for the practical
the Treasury Department, proposes to create a effects of your retrenchment principles? We see
new officer as Comptroller of the Treasury, with no trace of them in these halls. They are gonea salary of three thousand dollars a year. The forever gone.
no less distinguished and talented gentleman from  Our labors on this floor, Mr. President, must
Charles, (Mr. Jeniffer,) Chairman of what is be submitted to the sober judgmentof an enlightfamiliarly called, here the omnibus committee, ened and far-seeing constituency, and the effects
has reported in favor of a board of public works it' may be, will be felt and judged of by posterat an annual cost of some six or eight thousand  ity itself. We shall, doubtless, be judged by a
dollars a year. But where, he would again ask, righteous judgment. He would forbear saying
are the provisions for retrenching the public ex- more.
penses? He did not now intend to argue these  Mr JENIFER submitted that the fact of makreports.                                    ing the sessions of the Legislature biennial,
Mr. P. said he intended to express at this time would not relieve the Legislature from  the apno opinion upon any one of these propositions. plications for acts of incorporation and ofdivorce,
"Sufficient for the day is the evil thereof."  At upon which the gentleman from Dorchester,
the proper time and in the proper place, he ex- (Mr. Phelps,) had laid so much stress. The
pected to be able to give a reason for the hope gentleman had asked whether any petitions had
that was within him.                        been presented here, calling for a return to anAgain, Mr. President, we have heard much  nual sessions. He, (Mr. J.,) might, with equal
said about the great and exceeding expensive- force, ask whether petitions had been presented
ness of our Judiciary system. This has been a here, asking for any thing in relation to the judifruitful source of animadversion by politicians ciary-the executive-or any other department?
and especially reformers for many years past; The people had sent this Convention here, to act
and the cry has been loud and long for retrench- according to their best judgment, and to recomment in this Department of the Government. On mend to their adoption, such provisions as might
yesterday the equally distinguished gentleman at be deemed best suited to their interests and necesthe head of the Judiciary Committee, (Mr. sities. 
Bowie,) presented his report, and this morning  His colleague, (Mr. Merrick,) had very prowe find it upon our desks. He had had only time perly stated why there ought to be frequent eleeto give this report a very hasty glance. He tions, and especially at the present time, in view
found, however, it proposed one Judge for each  of the finances of the State, when millions of dolcounty in the State, at a salary of two thousand  lars came into the treasury to be expended, and
dollars a year, and six other Judges for the city when, for a period of two years, under the preof Baltimore, with salaries varying from fifteen sent system, the offices were left without public
hundred dollars to twenty-five hundred dollars a accountability.
year. Also an independent Court of Appeals to  The gentleman from Dorchester, (Mr. Phelps,)
consist of three members, with salaries of twenty- in the remarks he had submitted, had traveled
five hundred dollars each. Now, Mr. President, beyond the legitimate ground. He had referred
according to this report we shall have twenty- to the different reports of committees, and amongst
nine Judges in Maryland, with an average annual other things, to the proposed increase of the salsalary of over two thousand a dollars a year, ary of the Governor. That question had been
making an annual demand upon the Treasury for a matter of grave consideration, and the committhis department of the Government of some tee had come unanimously to the conclusion,
sixty thousand dollars. Mr. P. said he had not that the salary should be raised. They had been
time to pursue this subject further, he would guided by the true Democratic principle, that the
leave that matter to the especial friends of re- office was one open to the humblest citizen of
trenchment and reform  upon this floor.  He the State, and that a salary ought to be attached
would remark, however, that by an examination  to it, which would be commensurate with its imof the Treasury report, the annual expenses portance.
under the Constitution, under the biennial system,  The gentleman had talked a great deal about
was about eighty-nine thousand dollars, and if expense. The question for the Convention was,
these various propositions be incorporated in the whether a few thousand dollars, more or less,
new Constitution, the annual demands upon the were to be brought in conflict with the interests
Treasury, under the Constitution, will not be and the exigencies of a whole people. If it was
short of one hundred and fifty thousand dollars. supposed that the length of the sessions would be
So far, Mr. President, from the public expendi- an obstacle in the way of annual meetings of the
tures being diminished by this Convention, the Legislature, it would be easy to remove that difprobability now is, they will be increased some ficulty by limiting their duration.
sixty thousand dollars annually.              He, (Mr. J.,) hoped, therefore, that no such
He said, let him in sober earnestness, ask the prohibition would, at present, at least, be adopreform party here, and especially those from the ted.
smaller counties, who have all to lose upon the  Mr. DONALDSON said, that he was one of that
representation question, how they will account majority at the polls, to which the gentleman
for their stewardship here, when summoned be- from Dorchester, (Mr. Phelps,) had alluded as
fore the bar of public opinion? How do you pro- having four years and more ago, settled by the
pose to answer for these increased public expen- popular voice, that the sessions of the Legisla32




250
ture, should be biennial. He had upon better proceedings of the Lagislature, at its last sesknowledge  and more mature consideration, sion.
chaged his opinion, and, he believed, that the  He differed with the gentleman from Dorchesgreater part of that majority, if they had had the ter, (Mr. Phelps,) in his ideas of retrenchment
same information that he'had derived from his and economy. True economy is judicious exexperience in our legislation, would now vote for penditure. The refusal to incur an expense,
annual sessions. The members of this Conven- needed for a proper administration of affairs, is
tion came freshly from the people of Maryland. false economy. The gentleman from  DorchesThey are certainly a fair average of the intelli- ter, had complained that articles had been reportgence of the community, and if they, individually, ed here, for the appointment of a Comptroller of
prefer annual sessions, they may well feel as- the Treasuary, thus establishing a new office.
sured that such is the preference of the people  Mr. D. stated that he considered such an offithemselves. He declared that he knew no other cer, in this State, absolutely necessary. It is imsafe or proper rule of action, in his representa- possible for the Treasurer, to administer, with
tive capacity, than to following his own con- efficiency, all the multifarious duties now imposed
scientious convictions, and to presume that the upon him; and a Comptroller is also needed as a
people would approve of his judgment. If the check upon the Treasurer and Commissioner of
representative sought in regard to these questions Loans. He did not hesitate to express a belief,
to discover the wishes of his constituents, he that if we had had such an officer for the last ten
would embark, without compass, on a wide sea years, we might have secured annually, from ten
of conjecture.                             to twenty thousand dollars more revenue than
His reasons for voting at the polls for biennial was secured.
sessions, were his dread of too much legislation,  In regard to the excess of legislation, (Mr. D.,
and his desire to save the State the expense of said,) he objected to it as much as any man
the alternate session. Shortly after he was elec- could, and lie would go as far as any one, in reted a Delegate to the General Assembly, and stricting the Legislature, so as to remedy that
placed in a position which obliged him to become evil. But, he asserted, the legislation under our
thoroughly acquainted with the financial laws biennial system, is as excessive an amount, as
and their system of administration, in this State. when we had annual sessions, and is decidedly
He then felt ashamed of the ignorance in which worse in quality. If worse in quality, then will
he had voted for biennial sessions. He became there be more need of future change or explanaconvinced, that as long as the receipts and dis- tory supplements. The session being limited,
bursements of the Treasury were so great, our and members being always most anxious to get
security required yearly sessions of the Legisla- through their private and local bills, of which
ture. The Treasurer now receives upwards of there is a great accumulation in the course of
$1,200,000 annually, and there is often a balance two years, the public business is thrust aside, or
of t400,000 on hand, from month to month, and most carelessly performed. Mr. D. considered
on the transactions of the Treasurer, the law, as this as fully demonstrated by the laws of the sesyet, has not imposed adequate checks. The only sion of 1849, to which he particularly referred.
control over that officer and his accounts, was in  Mr. D. concluded by repeating, that he bethe Legislature. No Treasury could well be in lieved the annual system was very important in
a more exposed condition. We had been re- regard to our finances, was more truly economi-:iiarkably fortunate in the character of our offi- cal than the biennial system, and really more
cers, but safety to the State, and justice to our conducive to well considered and permanent
own agents, require that they should not be sub- legislation.
iected to such great temptations. All the officers  Mr. SELLMAN expressed himself conversant with
in the State engaged in the collection of the re- the whole history of the legislation of the State in
venue, and the number is very great, and their regard to this question of biennial sessions. Someduties most various, are obliged by law to make times it had been used as a stalking-horsetheir returns to tile Legislature, as well as to the sometimes as an ambling ponny. It had been'Treasurer. The Legislature is the grand inquest presented as one of the measures for the restoof the State, ansd the knowledge of this brings all ration and preservation of the State credit, and(
these officers up to the line of their duty. This so far as ithad been based upon that considerais our great security for their promptness and tion, it had due weight with him.
efficiency. To demonstrate this in detail, would,  But how stood the matter in regard to the arperhaps, be tedious to the Convention, he merely gument of the gentleman from Dorchester, (Mr.
stated it now, as the result of his own observa- Phelps)? If it was a mere question of economy,
tion and experience.                       that gentleman had not carried his argument out
As to the saving effected by biennial sessions, as he ought to have done; for, in view of econo(Mr. D.,) thought it merely apparent, not real. my alone, why designate two years as the peWe need this check on the accounting officers, riod of the meeting of the legislature? Why not
and the cost of the alternate session, was of little say, once in four, six, eight, or ten years?
consequence compared with the security obtain-  But there was another and more important
ed. Besides, the public moneys are more loosely principle at stake-that was to say, the right of
and lavishingly appropriated by a Legislature, the people frequently to supervise the acts of their
under the biennial system, where the members public servants. He referred to the history of
are not so soon called to account for their action this question under the old Constitution, and staby the people. This is well illustrated by the ted that the motive which controled its framers




251
in establishing annualsessions, (in preference to proposition of the gentleman from Charles, (Mr.
other terms which had been proposed,) was the Merrick,) provided  that the amendment of
principle of responsibility; for in the language which, he, [Mr. S.,] now gave notice, should be
of Jefferson, "where annual sessions ceased, ty- adopted.
ranny began." That was the ground upon which  [This amendment is not on Wednesday's jouryearly convocations of the legislature had been nal. It was offered the next day, and will be
originally placed, and upon which they ought to found among the proceedings. It gave the legrest now.                                  islature the right to provide by law for biennial
He denied that any evidence had been brought sessions.]
to show that such annual meetings were notne-  If his amendment was not adopted, Mr. S.
cessary. As regarded the fact upon which the said, he would experience great difficulty in degentleman from Dorchester, (Mr. Phelps,) had parting from the system of legislation, as at predwelt, that many of the States had adopted the sent existing.
biennial principle, he, (Mr. S.,) thought the  Mr. BRowN had not intended to take any part
gentleman would find that they were for the most in this debate, but he thought that the gentleman
part young States to which speculators had from Dorchester had expressed himself strongly
flown-men whose interests would best be pro- in reference to the course of the legislature. As
moted by biennial sessions, or rather by no ses- he, [Mr. B.,] did not belong to the Senate, he
sions at all. He hoped that the new Constitution could not say what took place there. The genwould be left on the original ground.     tleman from Dorchester had a peculiar knack of
Mr. SPENCER said, that there were some diffi- turning the blame from himself upon others. Hle
culties surrounding this question, but which appeared to complain of the great number of acts
might probably be overcome, so as to secure the of incorporation that passed last year. Now, the
vote of the Convention upon some acceptable gentleman was on the committee on incorporaproposition. He had voted at the polls against tions in the Senate, and I would be glad to know
biennial sessions. He had voted against them, whether he reported unfavorably upon one single
because, at the time, he considered them a viola- act of incorporation during the session, or voted
tion of the fundamental principle upon which against one in the Senate? If he did, it never
our government rested.                     came to his knowledge.
So long as the people were sovereign, he con-  He, [Mr. B.,] was opposed to biennial sessions.
sidered it right and proper that the meetings of He thought that possibly, if we were free from all
the legislature should be annual, and any depar- embarrassments, there might be no need of annuture from that rule, would be a departure from  al sessions, but while we have an expenditure
the recognised rights of the people.       of$1,200,000 a year, it was right that the legisWhat was the inducement for biennial ses- lature should meet annually. He became sick of
sions? Every one knew it, and it was not neces- biennial sessions during the last winter, when
sary, therefore, for him to explain. The State there were about eight hundred bills reported,
had been led into a system of improvident legis- and five hundred and sixty-one passed, besides
lation. He laid the responsibilty of that system  nearly one hundred joint resolutions, he had
at no particular door. He spoke merely of the never known such an amount of labor performed
fact. The result was, that the people were as was performed by the House of Delegates,
about to be burthened with heavy taxation. Ev- last session, in the same length of time. But
ery possible devise was resorted to, for the pur- there he would stop.
pose of alleviating the burthen, and among oth-  By the provisions of the Constitution, any bills,
ers, this measure of biennial sessions.     with the exception of money bills, may originate
The question which presented itself to the con- in the Senate. But we were very little troubled
sideration of the Convention was-did that ne- by bills originating in that body. While we were
cessity exist now? The people of the State of laboring, the gentleman from Dorchester was
Maryland had as yet given no expression of sitting in this hall, amusing himself by talking
opinion, to show that they were dissatisfied with and laughing with the ladies.
biennial sessions.                           Near the close of the session, the House sat
The Convention was framing a Constitution, from  nine o'clock in the morning until late at
which the people might accept or reject, and if night, and there was a continual scramble to get
this provision was incorporated inthe Constitu- bills through. He believed that the question of
tion, the people themselves might adopt or reject biennial sessions was passed in 1846, for the
it. There was undoubtedly, a large portion of purpose of getting rid of the reform movement.
the people in favor of biennial sessions; and it He was in favor of frequent elections, and of a
was a point which gentlemen must consider-  rigid responsibility of the departments to the peowhether, by adopting the principle of annual ses- pie.
sions, they might not drive men to vote against  If the house of delegates could have had time
the Constitution who would otherwise have vo- at the last session,there would have been a re-orted for it. This was the difficulty which remain- ganization of the treasury. The present system
ed to be overcome. On the other hand, the Con- is too lax, and does not enforce a proper responvention had to determine whether it was neces- sibility. And if this had not been the most forsary to incorporate a provision binding the peo- tunate State in the Union, and we had not had
pie to biennial sessions.                  the most honest men in the world in the adminisTo meet this difficulty, he intended to propose tration of that department, there might have been
an amendment. He would vote in favor of the great frauds perpetrated. The bills concerning




252
our public works of internal improvements occu- in money? He trusted not, and hoped, that our
pied most of the time of the Legislature. But action would not be guided by such influences,
for these, the sessions might be terminated in six and that we should rise to the dignity of the exweeks. He had no objection to the amendment alted position we occupied, not by estimating the
proposed by the gentleman from Queen Anne's, value of our work by a standard of dollars and
(Mr. Spencer.) He was not entirely satisfied cents, but by the high privileges and the inestithat the State had yet got through her pecuniary mable benefits which it was to confer upon us and
difficulties. The failure of two or three crops upon our posterity whom it was to bind, and by
would disable the farmers from paying the taxes, the great security which it was to afford to the
and in that case, we may find that the " dark lives, the liberty, and the property of our citiclouds"spoken of by the gentleman from Dorches- zens. That was the animating principle with
ter, might still be hanging over us. He was op- him, and to the obtainment of which, all other
posed to all extravagant expenditures, and he was considerations should yield. But, sir, the gentleagainst some of the expenditures which had been man has told us that a majority of all the States
incurred by this Convention.               of the Union had adopted the system of biennial
Mr. WELLS rose to make a few remarks, and sessions of the Legislature.
in the outset he would express his regret that the  SMr. PHELPS remarked, that he had said fourgentleman from Dorchester should have deemed teen States had adopted that system.
it necessary to make anypartyallusions. He did  Well, sir, (continued Mr. W.,) there is no
not think that party considerations should at any great difference in the two statements. The gentime be connected with the subjects before this tleman has said, that because fourteen States of
Convention. He was himself a party man, but the Union had adopted the biennial system, that
he intended to vote on every proposition submit- we ought to adopt it; but does that necessarily
ted here, on its own intrinsic merits, regardless follow? Are there not provisions in the Constiof all party obligations. As he had been antici- tutions of many of the States of the Union that it
pated by the gentlemen who had preceded him on would be manifestly improper for us to adopt,
his side of the question, in most of the points of because they would be entirely unsuited to our
argument which had suggested themselves to his condition and in every way injurious to us?
mind in reference to this subject, he would not Ought not the gentleman then in selecting the
attempt to repeat what had been argued with so  examples of our sister States which he would
much superior ability by those gentlemen, but hold up to us as worthy of our imitation, to shew
would confine his remarks to a very few thoughts us, in order to make them applicable, that there
connected with one or two aspects of the case, is a similarity between those States and ours in
which had not, he believed, been discussed by regard to their commercial and other interestsany one. Much stress, Mr. President, has been and in regard to the locality of capital and populaid by the gentleman from Dorchester, on the lation? Sir, if he will turn to the Constitutions
fact that by biennial sessions some money would of States having; like ours, a large commercial
be annually saved to the Treasury. I will not emporium, and like ours a large concentrated
stop to argue that this is a very narrow view of capital and population, he will find that of those
the subject, or to shew, that if it was right to be States, New York, Massachusetts and Pennsylgoverned by such considerations here, that a vania have annual sessions of the Legislature.
mere saving of money is not the true principle And why, sir? Because the relations which those
that should direct the operations of an intelligent large cities bear to the rest of the State by reason
economist, who will always act with reference of a great concentration of capital and populato the truth of experience-that a judicious ex- tion, and their great trade and commercial influpenditure of money is the true and only econo- ences affecting as they do every part of the State,
my. I will not stop, sir, to shew, as I think I render it indispensably necessary for the due precould shew, the injurious tendency to which such servation, it equilibrio, of those diversified ina doctrine would lead in all the pursuits of life, terests that make up the sum of human pursuits
but I must protest against the application of such in those States, that the "meetings of the Legisa rule as this to our proceedings. Does not the lature should be frequent," as well as for "the
gentleman see, that the necessary result of his redress of grievances and for amending, strengthargument, if it can apply now, will apply to ening and preserving the laws."  It has been
every article affecting every department of the said that the reason for resorting to biennial sesGovernment, and that the rule by which he must sions when the change was made, was because it
measure the value of the Constitution which we was at a time when the State was so deeply inmay form is the rule of mere dollars and cents. volved in pecuniary embarrassment as to cause
Sir, the idea of consulting cheapness in the for- her failure to meet her engagements, and that
mationof our Constitution, I utterly repudiate, this condition of things made it an imperative
for there is nothing in our political existence of duty on the part of all to adopt measures of rewhich I have a greater horror, than I have of a trenchment in order to wipe off the stain from
cheap Constitution. Is it possible, sir, that gen- her escutcheon. But what is our condition now?
tlemen, who have been placed in the elevated Our financial difficulties have been overcome,
position of members of this Convention are to be a large surplus is annually in the Treasury, and
governed bypecuniary considerations?-that they that reason, therefore, no longer continues to be
are to be influenced in the estimate which they applicable.
shall place upon the value of the Constitution  Another reason with me for desiring to go back
which they shall make, b considering its value to annual sessions, and I believe this view of the




253
subject has not been presented by any of the gen- course pursued by the Legislature in reference
tleman who havel spoken-is to be found in the to an extra session. As he was a member of the
new condition of things that must necessarily House of Delegates at the time, and had, pergrow out of the formation of a new Constitution. haps, as great an agency in that movement, as
All the great departments-the executive, the le- any member of that body now upon this floor, he
gislative and the judicial departments-are to be rose to disavow any purpose of connecting the
broken up, and new systems substituted in their movement with the question of biennial sessions.
places. The tenure of office connected with all The proposition for an extra session was introof them is proposed to be changed, and the mode duced either by himself or an honorable friend of
of appointment of many is to be very different his, then a member from Anne Arundel, (ne did
from what it is now. Is it not obvious then, that not recollect which,) under a sense of high public
as general principles can only be provided for in duty in view of the many important measures
the new Constitution, the details of the new system  which necessarily would be passed over in conmust not only devolve on the legislature, but that sequence of the constitutional limits which
the Legislature must have frequent sessions, in brought the session to a close. The Legislature
order to discharge that duty efficiently? For, in found itself within two days of a final adjournthe working of all new systems, experience only ment with its tables loaded with bills unacted
can test their value and suggest the necessary re- upon-amongst which was one for the re-organiquisites to accomplish the purposesdesigred. Ab- zation of the treasury department, which had
solute changes in those details, will, therefore, be been urged upon successive Legislatures by the
found necessary to perfect some, partial altera- then Governor and his predecessors, and without
tions may answer for others, but all, all, will which there was very little security for the public
need the work of time in order to make them ef- funds, except in the honesty of the treasurer and
fectual in rendering' the greatest amount of good other bills, such as the organization of a Board
to the greatest number."                   of Public Works, in which the State had an inThe gentleman from Dorchester has argued terest of some sixteen millions of dollars, and
that in the election, which is to be proposed, of which interest demanded from the Legislature effithe judges and clerks and registers, by the people, cient action.There also was the general assessment
for long terms, no apprehension exists that the law, nearly all the sections of which had been conresponsibility of these functionaries to the people, sidered and passed upon-the provisions of which,
will be weakened by the length of service; and I although it did not diminish the amount of reveunderstand him to offer this argument as an an- nue to be received by the State in the aggregate,
swer to the objection which has been made to relieved the burdensome taxation now imposed
the system of biennial sessions, that it will have the upon slave property by a reduction of upwards
effect of lessening the responsibility of the repre- of one third of its assessed value-a property in
sentative to his constituent. But the force of this which his constituents were largely interested;
argument is not apparent to me. Few, I presume, and their interest, in his opinion, demanded of
would desire that the judges should be elected him the vote he then gave-the effect of which, if
annually, since it is only by their election for that session had been called, would have been to
long terms that their independence, and that pu- reduce their taxes upon that species of property
rity of official conduct which results from inde- one-third. These bills were laying on the table,
pendent action, can be secured. As to clerks whilst a multitude of local laws were passed
and registers, their election for long periods will without reading-some members being afraid to
secure better incumbents and more efficient offi- vote against a measure of another, lest one of his
cers, because a proper knowledge of their duties own should be defeated. It was at this period,
requires a sort of apprenticeship; and if they he repeated, he felt himself called upon by a high
were elected every year, you would never be sense of public duty, to sustain the measure adable to get one who was worthy of the station. verted to, without his, or any human being of that
I conclude, then, that a return to annual ses- Legislature that he had heard of, connecting it in
sions, will be rendered necessary, as well to its operations either in the present or the future,
make proper provision for those exigencies which with the question of biennial sessions; and he dewill be created by the adoption of a new Consti- dared that he believed that such an idea never
tution, as to secure the enjoyment by the people had place in the mind of any individual, unless
in their proper sense, of all their rights, liberties perhaps the very sensitive and fertile imaginings
and privileges, the preservation of which consti- of the gentleman from Dorchester might have
tutes the foundation of all republican governments; induced, upon his part, such an opinion.
and I must remark, that it is very singular, that  The gentleman from  Dorchester had said
whilst so much has been said about the rights of that the members of that legislature, had by conthe people and the paramount duty of all here to cert and protracted speeches delayed the public
protect the rights that the very first attempt which business, to bring biennial sessions into disrepute.
has been made to guard them in their most mate- Justice demanded that he should confirm what
rial feature, by securing to the people the power had been said by the gentleman from  Carroll,
of annual supervision over their representatives (Mr. Brown,) as to the untiring industry of the
through the ballot-box, should be met by such House of Delegates-where from early in the
determined opposition as I have every reason to morning, until late at night, the members assidbelieve will be found arrayed against it.  uously devoted themselves to the discharge of
Mr. MORGAN replied to the remarks of the their public duties.
gentleman from Dorchester, on the subject of the  The gentleman has been entirely misinformed




254
in relation to the consumption of time. That leg- bill of rights; and we are now called upon at this
islature did, by special rule upon important bills, day to go back-to approach nearer to the times
restrict debate in some cases to five minutes when usurpation demanded and forced a change.
speeches, and even with that restriction, after In throwing out these views he not only expresspassing more laws than any two legislatures had ed his own opinions, but was happy to say that
heretofore done,found it impossible to get through he also uttered the voice of the people he reprewith the public business-and this he declared, sented, who, by a large vote, had declared against
in his opinion, was the result of the measure fas. biennial sessions. He believed experience had
tened upon the State, by the gentleman and others proven the correctness of their opinions, and that
who acted with him in the passage of hisbiennial no good had resulted to the State, from  the
session bill. If every gentleman here had the ex- change that had been effected.
perience of the last session of the legislature,  Mr. PHELPS said he had been charged with atwhich he, (Mr. M.,) the gentleman from Car- tempting to fasten biennial elections on the Leroll, and the gentleman from Baltimore, had,they gislature, and he was now charged with attemptwould never vote for another biennial session.  ing to fasten them on the people. Gentlemen
A word as to the objections of the gentleman who made these charges did him too much honor.
from Dorchester. He says, that frequent elec- The question as to biennial sessions was refertions of members of the House of Delegates are red to the people of Maryland; and the question
no more necessary, than in the case of judges was distinctly put to the voters as they came up
and other officers elected by the people for a to the ballot box, whether they were in favor of
long term of years. His friend hadmis-read the biennial sessions or against them; when, out of
old bill of rights, where it is said in reference to fifty-five thousand votes deposited, there was
the legislature only, "that elections should be found to be a majority of no less than five thoufree and frequent." In this clause there was no sand in favor of biennial sessions. From  that
reference whatever to judges; the clause de- moment it ceased to be his bill. The people took
dared that a participation in the legislature, fre- the bill off his hands and made it their own. The
quentlyby the people was the foundation ofall free people of Maryland, whose agents we are, adoptgovernment-it defines the rights of the people, ed the bill, and now it will be seen whether the
by securing the sovereign exercise of their will people of Maryland will be willing to see their
through their representatives in legislature as- decision reversed by this body. For himself he
sembled. It simply secured this great principle, cared but little. His participation in the proand says, in effect, the sovereign power should ceedings of this Convention would be the end of
often be returned to the source of its emana- his political life. When he had retired from this
tion.                                      body, and reached his own fire-side, he should
The judges were clothed with no such power; not thereafter mingle in political bodies. But it
their duty was to administer, not to make the would well become the Convention to pause belaws. The one could, therefore, with great pro- fore they act in opposition to the expressed will
priety, be a perpetual office-whilst the other of the people. He was no prophet, nor the son
required a frequent recurrence to the original of a prophet, but he would venture an expressource of all power-the people. The same rea- sion of his belief, that if the Convention should
son, therefore, did not apply in the case of a determine not to adopt the system of biennial
judge, as in that of a representative. He refer- sessions, the reformers will find that they will
red to the reforms that had taken place in the have to be content with the old Constitution for
British government. Instead of long parliaments the next half century. He reiterated what he
which sat at earlier times, triennial parliaments had before said on the subject of the salaries of
were substituted, which was wrung from the the officers of Government. Thegentlemanfrom
reluctant Charles by his people, for the very rea- Anne Arundel, (Mr. Donaldson,) and the gentleson that induced the insertion of the clause re- man from Charles,(Mr. Jenifer,)had argued that if
ferred to in the old bill of rights by our forefath- the sessions should be made biennial, there would
ers. It was true their Parliaments were now  be no check on the Treasury. What check, he
elected septenially, yet such was the frame work asked, is provided by annual sessions? If there
of their Constitution, that even in England at this was a disposition on the part of the Treasurer to
day, annual Parliaments were obliged to be defraud the State, he could make false returns to
held.                                      the Legislature annually, as easily as biennially.
The British declaration of rights prohibited a Our present Treasurer is faithful and honest, and
standing army, except by consent of Parliament, we have every confidence in him. He was ready
nor could the King obtain supplies except by ap- to give his vote for that officer.
propriation of that body, and these two provi-  One word, as to the multiplicity of business
sions are considered the greatest bulwark of Con- at the close of the General Assembly. This
stitutional freedom, because it forced the assem- press of business did not originate with biennial
bling of the representatives of the people annu- sessions. The number of bills not acted upon,
ally, to watch their interest, and to guard against were quite as large, during the existence of anall encroachments and abuse from any and all nual sessions. You, Mr. President, and It are
quarters. It was the assertion of this principle old stagers here, and have had much experience
having its origin far back in British history, in within these Halls. We have, time and again,
order to secure the advance that had been made seen the clerk's desk, at the close of the sessions,
in liberalizing government, that caused the Con- loaded with bills, and not unfrequently would a
vention of'76 to place the present article in the member approach that desk, upon the last night




255
of the session, and upon one motion, refer a accountability of executive officers collld be enshoulder ]turn over, for the consideration of the forced under the biennial system as the annual.
next General Assembly. This, sir, is common  The gentleman from Dorchester predicts that the
in all Legislative bodies, and need not now, for people will not accept of this Constitution if the
the first time, be brought in judgment against system be changed from biennial to annual sesbiennial sessions.                          sions. Now, he hoped, that the Convention would
He was astonished to find himself standing  be able to make such a Constitution as the people
alone in the advocacy of this proposition. Not will approve. And he felt that the only way in
a single friend had come forward to say one word which he could act so as to facilitate such a reto sustain him.                             suit, was to proceed according to the best of his
Mr. GWINN said that he was opposed to the judgment and under a conscientious sense of dusystem of biennial sessions. They were attend- ty, in his endeavors to provide for the people a
ed by a real inconvenience, which was separable good government, and one which will win for itfrom the argument founded on the right to fre- self the approbation of the wise and the good
quent assemblies. The course of practice in this  The gentleman from Carroll, (Mr, Brown,)
State, and our whole system of legislation brought had argued that the large amount of money which
annually before the House and Senate, a large was annually expended on account of the public
mass of private business, which necessarily came debt, was a reason in favor of annual sessions.
in conflict with the public business of the body. That was true; but this debt, he trusted, would
All who had occupied a seat on the floor of the be liquidated in the course of a very few years;
House of Delegates, know how impossible it is to but still we must expect that very large sums
escape the requirements of private and local legis- will continue to pass through the hands of the
lation. Prohibitions inthe Constitution might re- treasurer annually, should our great works of instrain the General Assembly from considering a ternal improvement realize what is expected from
large portion of such business. But it cannot them, and these large sums must be again disclose the ear of the Legislature, to the various bursed, all of which will require the annual sudemands which will, at all times, be made upon  pervision of the people, acting through their
its attention. Ithad been said that much of this agents, the General Assembly.  He thought,
petty business would be transferred to the levy  therefore, that it would be wise to return to ancourts and county commissioners. There was nual sessions.
good and evil both, in such a scheme, but the  Mr. HARBINE rose and said, it was very far
latter predominated.  However, it would de- from his disposition to take any part in this depend upon the class of powers transferred. It bate, but as only the gentleman from Dorchester,
is not, in general, wise to place private rights at (Mr. Phelps,) had spoken in favor of biennial
the disposal of a local tribunal. The risk of pre- sessions, while several had been heard against
judice is increased, for the examiners are more them, he felt it his duty, as a friend of that syslikely to be partail.                       tem, to'present his views. The precedents that
The biennial system  does not answer. He had been cited, proved that biennial sessions
could speak for the last legislature, and especial- were no longer an experiment. It was evident
ly for the delegation from Baltimore, of which he that these precedents had not been without their
was one. All had been industrious and faithful effect upon gentlemen on the other side of the
to their duty, but they could not accomplish the question, from the efforts made by them to do
necessary business of the city. More than one away their force. He would now endeavor to
hundred city bills remained upon the Speaker's reply to some of the arguments that had been
table, when the House of Delegates adjourned. used in favor of annual sessions and against the
Many were private, but some also were well con- present system. The gentleman from Anne Arsidered, important bills, submitted to the notice undel county, (Mr. Wells,) when speaking of
of the Legislature, by able and accomplished  States that had adopted biennial sessions, said
jurists-but he could not, in any way, get them  that they were not circumstanced like us; that
fairly before the House.                    Maryland had great commercial and moneyed
Perhaps every Legislature did waste time. But interests which demanded more legislation. But
does it waste less every two years, than every it only required a reference to the population,
year? If the accumulation of business always wealth and resources of some of these States, to
exists at the close of the sessions, whether they  prove that position incorrect. It was also said,
be annual, or not-does it follow that there that in Massachusetts, New York, and Pennsylought to be a double accumulation? He could  vania, where the great commercial cities of our
not see the force of such reasoning.        country are located, their trade, navigation, and
Mr. MERRICK rose to express his entire acqui- commerce required annual legislation, and that
escence in the amendment proposed by the gen- Baltimore having very extensive interests of the
tleman from Queen Anne's, to come in a proper same character, we also must have annual sesplace. Should the annual sessions be found, on sions.' But when, he would ask, under the pretrial, not to work well, it would give the people sent system had the interests of Baltimore sufteran opportunity toreturn to the biennial system. ed for want of additional laws? Missouri has
But he was desirous to see the amendment insert- the same systom, and will any one say that her
ed in its proper place.                     commercial emporium, St. Louis, has suffered
Mr. SPENCER, (in his seat.) " At the end of from that cause? There, too, is the State of
the section."                                Louisiana. She adopted the biennial system in
He, (Mr. M.,) did not think that the same the year 1845. Has New Orlenns none of these




256
great interests that require so much legislation? should be frequent-but how frequent? That was
Put the trade, commerce, and navigation of Bal- the question, and there they differed. He assertimore, against the trade, commerce and naviga- ted that every two years was frequent enough
tion of New Orleans, and the scale would prepon- for the happiness and prosperity of the people.
derate vastly in favor of the latter. If then le- On the other side, it was argued that "frequent"
gislation every two years was sufficient there, it means annual, and that once a year is the proper
certainly ought to be here. But go to the new  time.
States, that have adopted the biennial system,  The gentleman from Dorchester, had ably arIowa, Texas, and Arkansas. There, to say the gued that once in two years was oftenl enough;
least, enterprise is as vigorous as here, and from  and he would ask, if all proper and useful legisthe very nature of circumstances they must re- lation could not be had by biennial sessions, why
quire more legislation than we, yet they get along the great States that lived under that system, did
very well, and prosper under biennial sessions. not abandon it?
Nearly all the recently formed State Constitu-  Mr. H. referred not to those States which had
tions contain the same feature, while not one recently adopted it, but to those that had tried it
State that has given it a trial has manifested a during a long course of years. In Arkansas, the
desire to go back to annual sessions. The pre- biennial system was introduced in the year 1836;
sent was the age of "progress," and biennial ses- in North Carolina in the year 1836; in Delaware
sions had become one of its great marks. A  in the year 1832; in Missouri in the year 1820.
few months since, and the State of Kentucky If all the evils predicted by the gentleman from
made lit part of her system; then the Indiana Charles county, were to flow from this system,
Convention, which has recently adjourned, adopt- why had not these States abandoned it long, long
ed the same doctrine, and last in this great march ago? Does not the fact that they still adhere
of "progress," came the populous and powerful to it, prove these evils a mere chimera, and that
State of Ohio, whose Convention, though yet in argument naught but the "baseless fabric of a
session, has made biennial sessions a part of her vision?"  The position was not only incorrect,
organic law. He hoped that Maryland would butthat system must operate well, else the States
be the last State to renounce this system, the that adopted it, would not be among the most
very last in the; language of Webster, to "tread prosperous and flourishing in the Union.
backward."                                    By another argument, it had been said, that
Another argument was, that after the adoption biennial sessions in this State, had caused bad
of our new Constitution, "a thousand and one" legislation, and under that system business would
questions would require legislation, in order to necessarily  have to be pushed and hurried
make our laws conform to the new system, and, through at the end of the session, without suffitherefore, we should return to annual sessions. cient or even any examination.
He did not doubt that much additional legisla-  But had not this also been the case, when the
tion would be required, but for how long? Cer- sessions were annual? Without experience himtainly only for a few years, until things became self, Mr. H. had heard from others, that this evil
settled under the new system, and then it would was caused, not by the want of time to transact
cease. Now, because a necessity for additional all the business, but because at the beginning of
laws would exist for a short time, was to him, the sessions, too much time had been spent over
[Mr. H.,] not a sufficient cause to justify a pro- champaigne at dinner, and over oyster suppers.
vision for annual sessions all the time.    Now, if gentlemen could show him, that under
He hoped the organic law, that the Convention the old system, this same waste of time did not or
was now framing, would last for ages, until in would not exist, he would concede the argument;
the course of "progress," it would be found unfit but the facts were too well known to expect any
for the changed circumstances of a future peo- such an attempt. There was an abundance of
pie; therefore, he could not agree to incorporate time under the system, as it now existed in this
a provision for annual sessions, which at most, State, to do all the legislation required; yet, if we
would only be required one or two years. But must have more time, he would rather extend
for this extra amount of legislation, which would the sessions a little, than have them annual. He
only be required for a short time, he was remind- would now come to the argument of the other
ed by his colleague, that the sixth section of gentleman from  Anne Arundel county, (Mr.
the present report, made ample provision by Donaldson.) It was that the financial affairs of
authorizing the legislature during the first two the State, could not be so well regulated, and
sessions under the new Constitution, to sit as long fraud upon the Treasury so well prevented or exas they might think the public interests required. posed, by biennial, as by annual sessions of the
Those two sessions would afford sufficient timeto Legislature. All agree, that so far there has
harmonize the laws with the new system, and been no reason to complain of the present sysfully answered that argument.               ten on that score. But if an annual investigaAnother reason for annual sessions had been tion of the finances be necessary to prevent
urged with great ability, by the gentleman from  abuses, could it not be done without incurring
Charles county, (Mr. Merrick.) It was that fre- the expense of a session of the Legislature? Such
quent elections were the bulwarks of civil liber- a thing was certainly possible, and now, while
ty-that a frequent recurrence to the people was engaged in framing the organic law, is "the
a fundamental right that ought to be exercised, day, now's the hour," to provide remedies for
else their wishes would be disregarded and evil defects complained of, and the evils that might
consequences ensue. He agreed that elections arise under the present system. The committee




257
on the Treasury department, would doubtless tion stone of this Convention; and he could not
take all these things under their consideration, believe that those who were anxious to devise
and report proper safe-guards. In other States, any plan by which annual sessions of the Legishowever, whose Legislatures convene but once in lature might be fastened on us for ever, as standtwo years, we hear of no frauds upon their ing in any other position than that of enemies to
Treasuries, and no difficulty in regulating pro- the new Constitution. This question is looked at.
perly their finances; yet it is contended, that for differently by the people and legislators. While,
these purposes we must hold annual sessions. Is on the one side it is believed that the citadel is
it possible, that we are so much inferior to not safe, unless the sentinel is always on the towthem? It could not be-for surely the people of er; on the other, it was the sentiment throughout
Maryland, are as able to govern themselves as his part of the country, that there was too much
any other people; and if others can regulate and legislation, and the people were all disposed to
properly conduct their fiscal officers under the regard the proceedings of the Legislature as rebiennial system and thus effect a considerable sembling the witches' cauldron in Macbeth:
saving of the money of the people, we can do the        " Double, double,
same.
Toil and trouble,
In regard to the economy of this matter, ie              i ad trouble
would say something.  He believed that thetid cadr brn                  bl
rights and liberties of all would be, at least, as
well secured and protected by the present system,  le did not stand here to censure the Legislaas by any other: while, at the same time, it ture without cause. Laws were speedily rewould save to the tax payers of this State, some pealed, because they were hastily enacted, and
thirty or forty thousand dollars annually. No led to the multiplying of suits and other evils.
one would be less willing for the sake of saving He intended no charge against gentlemen who
money, to sacrifice the rights of the humblest were members of the Legislature.  He was
citizen; but firmly believing, as he did, that aware that the mass of public men were unable,
the rights of all would be well defined and pro- without great sacrifices, to leave their private
tected, he could not withhold his support from  and professional business, and that they were onthat system which would economize the public ly induced to come to the Assembly from a dispomoney.                                     sition to benefit their fellow citizens. Scarcely
Annual sessions of the Legislature were pro- had a law passed and gone into operation, when
ductive of one of the greatest curses that could lawyers have just begun to settle down on the
befal a people-instability of the laws. That tiue construction of its provisions, before some
people are indeed afflicted, whose laws, like the philanthropist gets a supplementary law enacted,
quicksands of the ocean, are not to be relied on. which has the effect of perplexing the lawyers
Where the people are unable to tell what their and dividing public opinion. He believed the
legal rights are, how can the order and interest great evil we have to complain of is too much
of society be preserved? Yet, under the annual legislation, and on coming into this body to meet
system, all must admit, that the changes, by it, he found gentlemen clogging the question as
amendments and supplements, were so frequent, to a remedy for the evil, with all kinds of matter
that even the wisest might be ignorant. Continue the most irrelevant. He came first to the Legisthe present system, and there would be fewer lature in 1822, and he would ask, whether from
changes and more stability, because more time that period up to the time when the biennial syswould exist to ascertain the precise wants of the tem was established, it had not always occurred,
people, and if laws worked evil, their defects that a budget of bills was brought forward at the
and the required remedy could be better ascer- close of every session. He had been a member
tained before the law making power was again of the Legislature three times, and he had always
convened.                                  found this to be the case. This pressure of busiHe could see no good reason to return to an- ness was not the result of the biennial system, but
nual sessions. Whatever might be the opinion was owing to the indisposition of members themelsewhere, the people of the county he represent- selves, at the beginning of a session, to go to bued, were satisfied with the present system. Change siness. During the last four days of the session,
it to annual sessions, and if it does not doom the more business has been done, than in a month at
new Constitution, we may, at least, have some the commencement. This fact then can be no
fears of its rejection by the people.      argument against biennial sessions. If gentleMr. THOMAS said he came here, believing that men who think that the biennial system will not
if any question was settled, it was the very ques- allow sufficient time for legislation, when they
tion now under discussion; and the manifestation come to the proper section which fixes sixty days
on this floor, proves how different is the attitude as the length of the session, should be so disposed,
of the man who has been a legislator and the at- they may so amend it, as to make it ninety days.
titude of the people. The discussion has been all He would vote against such extension. But he
on one side. He had been led to anticipate di- did not wish this section to be put in peril by rerectly the reverse, and he had gathered this opin- ferring to questions which have nothing to do
ion from the expression of the people in his see- with it. He would leave them to be considered
tion of the State; for he did not know, in the in their proper place.
community from which he came, a single man   He did see some difficulty growing out of the
who had supposed that we were about to disturb financial condition of the State, until rlow. The
this question, which was regarded as the founda- remedy proposed, that the Legislature shall as33




258,
semble once a year, for the sole purpose of ex- thought, the people should have an annual superamining the accounts of the treasurer, would in- vision over their affairs, through the Legislature.
flict on the people an expense altogether dispro- He had voted against biennial sessions, and he
portionate to the object. We have now a guard would do so know. Elections should be frequent
in the executive, whose duty it is to supervise the -the Constitution says "annual." The gentledepartments.  Another remedy proposed, was man from Frederick, says there is too much
the appointment of a comptroller. He should legislation. He asked if we can stop that by bienvote against such appointment. He was in favor nial sessions? No-for at a biennial session,
of few officers and sufficiently liberal salaries. there will be twice as many bills passed as at an
But there was a better remedy than either of these. annual one. He should go for annualsessions as
Let the assembly appoint a joint committee, three the safest and best.
members from one House and two from the other,  Mr. BISER rose to say a single word, regretting
to meet here in the alternate years on the first of that after the overpowering eloquence of his colJanuary, and examine the treasurer's accounts, league, (Mr. 1 homas,) he would still be compeland then, if the Governor should deem it neces- led to vote against him. He had listened to the
sary, he can call an extra session of the Legisla- argument with delight, so far as he enlarged on
ture. But if we were to provide that there general principles, but when hecameto the quesshall be annual sessions of the Legislature in op- tion of the expediency of biennial sessions, he
position to the expressed will of the people, for differed from him. After mixing with the peono other purpose than to examine the accounts of pie, as freely and as recently as his honorable
the treasurer, it would perhaps peril the Consti- colleague, he could not come to the same conclutution. And we all know that the Legislature sion. He did, it was true, vote for biennial sesacts by committee. The Legislature itself, sel- sions, when he thought that the embarrassed condom looks beyond the report of the Committee of dition of the State made it his duty to advocate
Ways and Means. He had said thus much be- every measure of retrenchment. But it did not
cause it is perilous to engraft a provision against then go to the people, as a naked proposition, for it
which the people have already decided. If we contained a provision making all the annual apare to go on, inserting provision after provision pointments biennial, so that whether the vote
offensive to some one portion of the State or of the people was fairly given in favor of the
another, we may find, at last, that all our time biennial system, was subject to some doubt. He
here, and the public money expended on this did not intend to waste the time of the Convenbody, have been wasted. If, through the argu- tion, at this late hour, but as an humble member
ments and objections urged by gentlemen on the of the last Legislature, he thought it right to
other side, any evils shall be discovered in the make this statement. He would say that while
biennial system, proper remedies may be applied. his distinguished colleague travelled the county
When the te s     s of te L-   once, last fall previous to the September election
ature biennial was referred to the pes oe of e   for delegates to this Convention, he, (Mr. B.,) had
gislature biennial, was referred to the people of travelled it again previous to the gubernatorial
nis county, he was dispoed to vote against i;; election;and he had found none who had even referand believes that he did so vote. He then desired to have the Legislature in session every red to this subject; none at all. The people were
e      t ha the giation then in progress, with a every where conscious,that they lived under aConyear, that the agitation then m progress, with a stitution framed amidst the din of battle and the
view to this Convention, might not be suspended. clash of arms. They also knew that out of the sixty
He did not now distinctly remember what opin- articles of which the Constitution consisted, twenion he,at that time entertained on this question, in-tfie   ee abrogatedaiud twenty had been so
dependent of its connexion with his inclination toa, s to have retaineditle of thei 
expedite the session of this Convention, The amended, as to have retained little of their original form; so that only fifteen remained as they
Convention was now in session, and he could 
ndeof    e   now m r  sessuoni and he could came from our fathers; therefore, the Convention
judge of the measure upon its intrinsic merits. question wasin favor with the people.
And if he even had, but he had not, doubts as to  They desired a change in the judiciary system;
the policy of this measure, they would be yielded  he  eletion of clrks and registers by the  people
to the judgment of the whole State, which had   change in the basis of representation, and
been distinctly pronounced in its favor.    o               changes.  He differed also
other important changes. He differed also
Mr. BRowN briefly expressed his dissent from  from  his colleague, on the subject of fresome of the positions of the gentleman from  quent elections, to which he, (Mr. B.,) was
Frederick. Many of his people are of the opin- friendly; and, he thought, the people of his secion, that annual sessions are the safest. His tion of the State would not thank him if he voted
argument has been misunderstood. He said that against them.
the people were taxed heavily, and while they  He, (Mr. B.,) was in favor of annual sessions,
were so taxed, there ought to be annual sessions. but desired that they be limited to a much shorThe gentleman from Dorchester, had talked ter time, than they are under the present Constisomething about the dark cloud of repudiation tution. He was in favor of this as a measure of
having passed away, and that we are now enjoy- retrenchment. He regretted that the state of his
ing the sunshine of prosperity. We have, it is health would not permit him to say more.
true, paid off a good deal of our debt, but we have  Mr. BUCHANAN expressed himself exceedingly
still much to pay. Should the crops be good, he gratified by the views of the gentleman from Frebelieved that the time was not distant, when the derick, (Mr. Biser,) which had rendered itunnepublic debt will be entirely liquidated. But, he cessary for any one to say more on that side. He




259
has travailed much and his new born delivered. who will come and steal them in the midst of
At some other time, he, [Mr. B.,] might take us; and here you offer him a license to do so, bepart in the discussion.                    cause, when you say certain rights of certain perMr. MERRICK rose, at a very late hour, and sons shall be protected, you leave all other persaid a very few words on the necessity which ex- sons and all other rights, not specifically enumeristed for a vigilant supervision of the finances of ated, unprotected, and open tolviolation. Incluthe State, which would go to ruin, if that vigi- sio unius est exclusio alterius. The amendment
lance was relaxed. The people ought, therefore, goes even beyond this, and specified their excluto be annually convened by their legislature, for sion from the protection the original article was
that purpose.                              designed to afford. It was the duty of every
A committee might be partial, and its re- Marylander to repudiate the doctrine of this
port would not give- the people that security amendment. The moment a human being, nawhich would be obtained by the presence of the tive, or foreigner, white or black, bond or free,
legislature. Instead of extending the biennial sets his foot upon our soil, he is under the prosessions to ninety or one hundred and twenty days tection of the laws of the State, and when that
it would be better to have annual sessions of half time shall come when you take away that prothat length.                              tection, which he trusted never would, vioThe amendment of the gentleman from Queen lence and outrage would stalk with unbridled
Anne's, (Mr. Spencer,) would enable the legisla- phrensy throughout the land. Looking at it in
ture to return to biennial sessions, at any time a political aspect he referred to the efforts which
when. the public interests may require more had recently been made to effect a dissolution of
prompt legislation.                       the Union. He had no sympathies with disunionMr. THOMAS made a brief reply, in which he ists in any quarter, north or south, east or west.
argued against giving the power to the legisla- He was for the Union as it is, one and indivisature, to return to biennial sessions on one hand, ble.
while we were restricting them on the other. It  He asked the gentleman from Baltimore, if he
was said the legislature might adjourn to meet was willing to pander to this morbid excitement,
the next year, to take up the unfinished business, to this turbulent and unholy spirit? Was he wilIn that case there would be few votes against ling to add fuel to the flame of discord, that preit.                                        vails in our land? Was he willing to give even
His colleague, (Mr. Biser,) had travelled his the semblance of an argument to the northern
county oftener than he, [Mr. T.,] would, to be abolitionists-the professed friends, but the worst
President of the United States; but it was a preg- enemies of the colored race, against one of the
nant fact, that he was never in a single instance, slave holding States of this Union. He could
called to account for his vote in favor of biennial not give his consent to insert a provision saying,
sessions.                                  that the free colored population should not be
And then the Convention adjourned until to- protected in their persons and property. Hebemorrow, at eleven o'clock.                lieved the slave holding States of this Union, the
best friends of the colored race. In case of neSketch of the Remarks of Mr. BLAKISTONE, on cessity, he would be willing to colonize them
Wednesday, Feb. 5, on the mo:tion of Mr. BRENT, among their own race in Liberia. There they
of Baltimore, to amend the twenty-first article of would have rights which will not be given to
the Bill of Rights, in relation. to the'free colored them here.
population."                               But, this Convention ought to be careful not
Mr.lt BAiSTonE si it ws        to fan the flame which a discontented portion of
Mr. BLAKISTONE said it was wondrous strange the Union has endeavored to kindle. Let the
that such a proposition should receive any coun- colored people know that they will find protectenance in a Convention of'the State of Mary- tion here. Let them understand that they are
land. These people are among us, and was it better protected, and better cared for in Marypossible that any one here co;uld desire to put land than they are in any other State of the
them out of the pale of our pro)tection. In this Union. Many of them know this already, although
nineteenth century was such -a doctrine to be there may be some too stupid to understand their
set forth in such an assembly..            own best interests.  They, the more stand in
Mr. B. read the article as. it now stands, and need of our protection. There maybe some bad
then came the amendment of.,the gentleman from  among them, as well as some good, but whether
Baltimore. If ever there was a proposition of they were all good or all bad, they are equally
doubtful propriety it was tl.ltt now offered. We entitled to protection while they remain here. If
have had much talking he':e about human rights, they distutb the peace of the State, they should
and the rights of the pecple. He yielded to no be removed, and the legislature has the power to
man in his advocacy of t'ae rights of the people, remove them, as the penalty for their misconand perhaps he went far Iher than any member of duct.
the Convention for ex' ending them. The free  But if we cannot get rid of them, while they
colored population havy a no political rights here, are here, let the broad mantle of protection be
and never can have any. These people have extended over them. He could not see what
been placed by the Providence of God among good could result from this amendment, its only
us, and he was for giving them protection. In- tendency, in his opinion, was to feed the prevailsert this amendment and they will be thrown at ing excitement. If it was ever thought proper
the mercy of the w'i jed, even of the kidnapper, to get rid of this class, (these people of color,) in




260
Maryland, lie would do it in the most humane  Mr. PHELPS rose to a question of order.
mannler by sending them to the Maryland colony He had yesterday, he said, submitted an amendin Liberia.                                ment, by way of substitute for the whole section.
He concluded, by expressing his belief, that if He desired to know whether the motion of the
the question were submitted to the people of Ma- gentleman from Charles, (Mr. Merrick,) to fill
ryland, they would be found almost unanimously the blank in the second section of the report,
against the amendment of the gentleman from  took precedence over his, [Mr. P's,] motion to
Baltimore.                                 strike out.
-~~~~- ~           The PRESIDENT, pro. tern., said, that the moERR11hAA.-lln page one hundred, bottom  of tion to fill the blank, would take precedence over
first column, in the speech of Mr. DAVIS, instead the motion to strike out and insert, because
of "1000,00)0" as by a typographical error it the friends of the original section had the right in
is printed, read "0,000,000,"' the cypher being the first instance to perfect it.
intended to show the amount of legislative en-  Mr. DORSEY gave notice that when the quescouragement given to agriculture.         tion should be taken on the motion of the gentleIn page forty-seven, column two, line thirty, of man from  Dorchester, [Mr. Phelps,] he, [Mr.
the sketch of Mr. BLAKISTONE'S remarks, instead D.,] desired a division of the question, first on
of' "design" read "offspring."             striking out, and then on inserting.
In page ninety, on the amendment of Mr     Mr. BRENT, of Charles, said, he found himRIDG;LY to thirtieth article of the Bill of Rights. self in a position which was at all times unpleasadding the words "political trust or employment ant to his feelings. He found himself upon this
of any kind whatever"-the word "'ejected" question, differing with his colleagues. For their
should read "adoptedl."                   judgment and opinions, he always entertained the
In pages ninety-six and ninety-seven, insert the highestrespect and esteem; and it was always,
name o' Mr. CHANDLER (as moving to strike out therefore, with the greatest diffidence, that he
the thirty-fourth article of the Bill of Rights,) differed from them.
instead of Mr. BLAKIsSTONE.                  He considered the question now under consideration, as one of grave importance. But important as it was, he would not have troubled... —..-.-.      the Convention with any remarks, but for the
fact of the difference of opinion which he had
stated.
T'HU1RSDAY, February 13, 1851.       He regarded the question of annual or biennial
The Convention met at eleven o'clock.    sessions as a financial measure. In that light he
Prayer was made by the Rev. Mr. GRAUFF.  sshould argue it. He believed that a proper prinTr   ol, was caled an the  journ  of ye str-ciple of economy should lie at the foundation of
the roll was called and the journal of yester- all governments; and that it was the duty of the
daywas read and approved       representatives of the people upon every occasion
MR. J. u. DENNIS.             so to economise the public expenditures, as to secure the advantages of good government, at as
On motion of Mr. JOHN DENNIS, it was     little cost as possible to the public treasury.'Ordered, That it be entered upon the journal  The question of biennial sessions was not a
that Mr. JAMES U. DENNIS, is detained from his new question in this country.. Some of the States
seat in the Convention by the illness of a mem- of the confederacy had engrafted the principle
ber of his amily."                       upon their governments, so far back as the year
there being no reports of committees, mo- 1818. And intenor more of the States that printions, resolutions, or notices,            ciple had long been in successful operation. In
TI'me PIRESIDENT, pro lemn., announced the un  the State ot Kentucky, where the Convention
finished business of yesterday.            called to remodel the organic law, had terminatTHE LEGISLATIVE DEPARTMENT'.        ed its labors within some twelve or eighteen
months, the principle of biennial sessions had
The Convention then'resumed the considera- been adopted even without an argument. Untion of the special order of the day, being the re- der the old Constitution of that State, he believed
port heretofore submitted by Mr. JOHNSON, the sessions of the legislature had been annual.
chairman of tie committee on the legislative de- He had referred to the policy of other States,
partment of the government.                with a view to gather from their experience lights
The second section of the report was under for his own guidance; because he believed it was
considerationas follows:                   always the part of true wisdom to avail itself of
"Section 2. The Senators shall be elected by the the experience of others, and engraft it upon its
qualified voters, for the term of four years,. and own.
the Delegates for the term of     fronm the  Mr. B. now proceeded to refer to the direct
day of the general election."              vote which had been given by the people at the
SESSIONS OF THE LEGISLATUIRE.      ballot box upon this question of biennial sessions,
and to the decision which they had made in faAlld the pending question was on the mo-fion vor of such a change.
ofl Mr. MERRICK, to amend the said second sec-  Here then, he said, was the voice of the peotion,by filling the blank in the second line, with pie of the State of Maryland. He considered
the words "or e year."                     himself as their agent-whose duty it was to carry




261
out their wishes thus expressed; and he, for one, resolution requiring the Treasurer to have twelve
must obey their voice.                     hundred copies of this report printed-ten copies
He understood that it had been stated here yes- to be sent, for circulation, to each member of
terday, (when he was not present, for he had the Legislature. What was thecharacterof that
been called away by circumstances beyond his Report? The Treasurer showed the amounts
control,) that annual sessions were required, be- of money received and the sources from which
cause it was necessary that the elections should they were received; explaining what these sources
be frequent-this being a fundamental princi- were. The Report referred to each item, and the
pies of our government. To sustain this argu- different tables accompanying the Report showed
ment, the fifth clause of the bill of rights had the persons from whom the amounts were rebeen referred to, which declared, "that the right ceived, and the amounts themselves.
in the people to participate in the legislature, is  He (Mr. B.) was in favor of imposing the same
the best security of liberty, and the foundation of obligation under the new Constitution. He would
all free government; for this purpose, elections even go further, and authorise the Legislature to
ought to be fiee and fiequent," &c.       appoint a committee to come to Annapolis and
Now, what was the meaning of this declara- examine the accounts and vouchers of the report
tion? Did it mean that elections for the Legis- made by the Treasurer during the recess of the
lature should be held annually? Surely, that Legislature. It was not necessary that the Lewas not the construction to be put upon it. Its gislature should meet for the purpose of superviimport and true meaning evidently was that sing the Treasurer's accounts. Gentlemen might
there should not be a long continuance of the be assured that if ever it should be the ill-fate of
delegated power of the people in the hands of Maryland to have at the head of her financial dethe same Legislators; that there should be no partment a man who was not honest, she would
series of sessions of the Legislature without new  still be defrauded whatever guards she might
elections and a fresh infusion, into the Halls of throw around her Treasury. The finances could
Legislation, of the spirit and temper of the people be as well guarded and protected by biennial
themselves; it was to secure to this extent, at meetings of the Legislature.
least, the participation of the people themselves  Were the liberties of the State to be endanin their legislation; and would not the people gered by biennial sessions? Truly had it been
participate as freely and fully in their legislation, said, that "the world was governed too much."
and have their feelings and wishes as fully re- The history of the past-all experience taught us,
fleeted in a Legislature, meeting only once in that there was no danger to be apprehended untwo years (and that early after their election) as der a republican government, by the want of bethey would if that body assembled every year? ing governed. If evil was to fall upon our instiMost certainly they would, and such was mani- tutions, it would come not from the few laws
ftstly the only fair and liberal construction which which might be passed, but from the many. He
could be given to the article which had been quo- might well refer to our own statute book, to susted from the Bill of Rights. It meant not to re- tain this position. He did not know that any
quire that convocations of Legislatures should be law stood upon it, which directly endangered the
so very frequent, but that accountability to the liberties of the people. But where was the man
constituency should follow speedily upon the ex- to be found, within the confines of Maryland,
ercise of all delegated powers, and each Legisla- who was so learned in the law, that he could,
ture when it assembled, should come free and without long and laborious examination, tell what
fresh from the people, and reflect truly in the the laws of the State were, upon every subject
lower House, at least, their will and wishes.  which they embraced? It seemed to him that
Another reason which had been assigned for there was a kind of ambition in every man, who
annual meetings of the Legislature, was that the came to the Legislature, to do something in the
state of the finances might require it. It was way of law-making. The brains of men were
true thatthe State of Maryland, having been em- constantly upon the rack to discover what they
barrassed from causes to which he need not now  could do-what more they could make-what
particularly allude, had found it necessary to changes they could effect upon the statute book
raise from her citizens a large amount of reve- -so that when they returned to their constitunue. That revenue went into the Treasury, and ents, they might be able to answer the enquiry
it was important that there should be a supervi- which met them, "what have you done?" by
sion over the proceedings of the accounting offi- pointing to some act of legislation, the passage
cers-it was proper that the finances should be of which they had been mainly instrumental in
sufficiently guarded. But what had been the securing. They were not satisfied with telling
action of the Legislature on this subject? Would the people that they had discharged their duty
the finances of the State be injured or endanger- generally-that they had prevented the passage
ed by reason of biennial sessions of the Legisla- of this or that law, the operation of which might
ture?. The very amendment of the Constitution be injurious. Their constituents would tellthem
which had been proposed in 1845-'6, and pas- that is not what we want. Tell us what you
sed in 1846-'7, required the Treasurer to make have done for tus-what law or measure you
to the Governor of the State the very identical have caused to be adopted. Every country had
Report which he would have made to the Legis- its peculiar mania; and this was the mania of
lature if it were in session. Nor was this Re- the State of Maryland. This was a state of afport confined exclusively to the Governor. In fairs which he desired to avoid.  He desired
the year 1847, the House of Delegates passed a that the laws should be free and few, and easily




262
understood. He knew of nothing in Maryland, upon the Legislature, for some time after its
which had more seriously conduced to the glo- adoption. He should, therefore, vote in favor of
rious "uncertainty of the law," than this condi- two annual sessions, to enable the Legislature to
tion of things.                             carry out the provisions of the new organic law.
Mr. SPENCER. Is not the evil to be attributed And if no other gentleman moved an amendas much to the administration of the law?  ment to that effect, he would do so. He also
Mr. BRENT. I think not. I think the evil lies expressed his intention to urge the adoption of a
mainly in the legislation of the State, for the provision empowering the Governor, when, in
reasons I have given,                       his judgment, the exigencies of the State might
Mr.  B. then proceeded to remark, that the ex- require it, to call a special session of the LegisMr. B. then proceeded to remark, that the ex- ture.
perience of the State, under biennial sessions,  For these reasons, he could not vote for the
had not been long. But there had been an inter- proposition of his able and distinguished colval between two sessions of the Legislature, and league, (Mr. Merrick.)
what was the condition of the State? Was she  e     rf     i       
not as thriving as before? Were not her fields  After a bref explanation by Mr. SPENCER,
as productive-her soil as kind and generous-  Mr. CHAMBERS of Kent, said, he would endeaher people as happy-and their rights as well vor to add a few words, without repeating arguprotected, as they had been under annual ses- ments already urged in favor of biennial sessions.
sions of the Legislature? Gentlemen knew that  The reasons assigned for annual sessions, resolsuch was the fact. The State was as prosperous,  ed themselves into these two-first, the inability
and her interests as well guarded, and they would of the Legislature to perform all the duty required
continue to be so under biennial, as under annual by the interest of the State, and second, the want
sessions. The Legislature, at its last session, of necessary supervision over the treasury of the
had done as much as was required by the inter- State and its officers.
ests of the State. There were some mea.       As to the first, it happened that the laws of the
sures-such as a general assessment law-which session of 1849, the first of the biennial sessions,
had failed, from want of time perhaps, or some lay upon the adjoining desk in the service of his
other cause. But gentlemen were to bear in next neighbor, and when the accumulation of
mind, that this was not the first time, that mea- duty was remarked upon in the course of debate,
sures had been crowded into the last days of the he had opened to the middle of the volume, and
session, and not been acted upon for want of found that more than one half of the whole nurntime.                                       ber of laws, were passed within the last four days
He believed, then, that biennial sessions would of the session. He believed in some of the
be for the interest of the State. If the Legisla- States, a whole session has not lasted beyond four
ture, meeting biennially, could perform the du- days. He was aware that many of these laws of
ties required from it, that would be all that 1849, had been in some progress before the day
was necessary, and an annual saving would be on which they bear date-some of them nearly
effected of twenty-five thousand dollars. This consummated, but still it was true the great part
was an expense which he wished to avoid, and it of the business of every session was performed in
ought to be avoided, unless there were strong the last few days.
and overpowering reasons, why the money should  He had passed the last thirty winters in this
be expended.                                city, with the exception of nine years, while he
It had been said that perpetual vigilance was held a seat in the Senate of the United States,
the price of liberty. No doubt it was so. But and it was as well known to him, as it was to
was that perpetual vigilance to be exercised ex- every one who was conversant with these mat.
clusively through the Legislature of the State? ters, that in the early part of the session, memif it were so, then the meetings of that body bers were enjoying themselves in social and
would, of necessity, be perpetual. But it was not agreeable indulgencies. He didnot allude tothis
the Legislature, which was to be the sole guar- in the way of reproach-not at all. It was
dian of our liberties. The people themselves characteristic of the species. Man is naturally
were to be vigilant. Their agents were to be a self-indulgent and indolentbeing-essentially a
vigilant-their Governor, to whose keeping they creature of appetite and passion. Some motive
had confided their honor and their interests, was must excite him to toil and labor. When it beto be ever upon the watch. There was also an- came necessary, the members would and did deother mighty sentinel upon the watch-tower of vote themselves to their serious duties.
liberty-that was the giant press. Whenever    The fact that they did so only after a considerour institutions were threatened in their strong- able portion of the session had elapsed, proved
holds, its voice would be heard from the moun- his position, that less time was necessary than it
tain peaks to old ocean's wave, sounding the was now contended was required. With regard
alarm and awakening the freemen of the land to to the supervision over the Treasury, and a strict
action.                                     eye upon accounting officers, he must say he had
Mr. B. then remarked, that his opinion in re- not much faith in the influence of investigating
lation to biennialsessions,were modified by the cir- committees, or in the "grand inquest."  He askcumstances that surrounded him. Hebelieved that ed gentlemen when and where defaulters had
a Constitution would be passed, and that it would been detected and exposed by such committees.
be adopted by the people at the ballot-box. That  Experience taught us differently. Such defaulConstitution would impose very onerous duties ters generally had the ability and the means to




263
prepare false and fraudulent accounts and vouch- tion, as long, as in the opinion of the two Houses,
ers, to conceal the traces of their frauds. We the public interests may require it, but all subseknow numerous instances in banks and other quent regular sessions of the General Assembly
moneyed institutions, in which these frauds have shall be closed on the fiftieth day from their combeen completely covered over, and concealed by mencement, unless the same shall be closed at
such false vouchers.                       an earlier day by the agreement of the two HouIt is generally on change or in the street we ses."
get the first intelligence of these defalcations.  Which was read.
Those who are guilty of them generally make  Mr. BROWN said it had been repeatedly urged
investments —usually for speculation —and accord- as an argument against annual sessions of the Leing to the trite saying, "ill-gotten gain never gislature; that nothing was done for the first three
benefits its owner," their reckless speculations or four weeks of each session. He had had some
usually fail, and suicide or flight is most fre- experience in these matters, and thought that
quently the first intimation of their guilt. He gentlemen were mistaken in the views they
held that the first and great security for the State had expressed. In the House of Delegates there
must be found in the well earned character of were but few members who were what might be
the officer, for high moral integrity. Discard termed old politicians.  They were generally
considerations of party service and select your strangers to each other. On the meeting of the
man, from a long and intimate knowledge of Legislature, a Speaker had to be elected, and
his virtue and his merit.  The next reliance committees appointed-the latter being a duty
must be on the pecuniary indemnity into which imposing much responsibitity, because of the necompetent sureties have entered for the faithful cessity of a judicious selection. This took a
discharge of his duties. Let no partiality or fa- week. In the meantime, the members were bevoritism prevent a due observance of strict duty coming acquainted with each other, and everyby those entrusted with this important branch of thing was done, that could be done, to set the maservice.                                   chinery of legislation into operation.  These
The Legislature, as a body, was no match in delays which could not be avoided in any delibthe contest with a defaulter, in the effort on the erative body; and for this Convention, more esone hand to detect, and on the other to evade de- pecially, to complain of the waste of time thus
tection in a course of official malversation. A  caused, seemed very much like Satan rebuking
committee was equally impotent.            Sin. The committees then went to work, and
He could not then perceive in either of these some two or three weeks might be taken up in
reasons a ground to annul the deliberate action maturing important bills for the action of the
of the people, who had most deliberately and de- body. They were then taken up and discussed
cidedly expressed their wishes in relation to this  Mr. B. then proceeded to show, in reply to the
particular question, some three years since.  remarks of Mr. CHAMBERS, of Kent, that bills,
Not a gentleman on this floor has been able to which had been acted upon by the lower House,
say he has heard the first whisper of discontent, went to the Senate, and it was not until they
or any desire for change in this respect. Every came back again to the House, that a date was
voter in the State knows we are here engaged in given to them. So that, in fact, many of the
re-modelling the Constitution, and all sorts of bills, which, from their dates, seemed to have
suggestions have been made during our three passed on the last few days of the session, might
months session, but no voice has reached us ad- have passed long before. He cited the instance
vising a return to annual sessions. He believed of the law calling the Convention, in respect to
the judgment passed upon the subject was as which, a proposition had been introduced at the
much influenced by the belief that excessive Le- commencement of the session, even before the
gislation was pernicious as by considerations of usual messages had been interchanged between
economy. For himself, hewas much of the opin- the two Houses.
ion very often expressed by an old friend now no  One word as to the treasury. He did not supmore, a former Attorney General of the State. pose that any gentleman intended to say that the
The experience of a long life actively occupied House of Delegates guarded the treasury. He
in the business affairs of the world, had induced certainly did not intend to say so. But we had
his strong-minded friend to conclude that it was established a large system of taxation. It might
of much more importance to have the law set- be necessary that changes in that system should
tied than to have it this way or that-to know  be made, in consequence of injury to some parwhat the law was, rather than why it was. He ticular interest which it might be proper to redoubted whether the State would suffer by cur- lieve. The crops might fail, or some other catailing the usual quantum of legislation to one- lamity befal us. If we continued prosperous, no
half of what it had been.                 such necessity would arise. But did gentlemen
Mr. SPRIGG rose to give notice of an amend- mean to say, that if the necessity come, the rement which he desired to offer, as follows:  lief should not be afforded?
Amend the said section by striking out all after  In regard to conferring upon the Governor the
the word " term," in the second line, where it power to call the legislature together, he, [Mr.
secondly occurs, and insert in lieu thereof, the B.,] had only to say, that he never knew any benfollowing:                                 efit grow out of extra sessions, either under the
" Of one year from the day of the general elec- general or State governments.
tions, the General Assembly may continue its  He thought it would be better to adopt the
first session after the adoption of this Constitu1 amendment of the gentleman from Queen Anne's,




264
(Mr. Spencer.) Let the annual sessions continue did not stand here as the advocate of a cheap
until the people themselves should call for a government-without reference to the fact whether
change. Let a provision to that effect be insert- it was to be good or bad; yet he was satisfied in
ed in the Constitution, and no injury could re- his own mind that it was his duty, if he believed
sult.                                      a good Government could be obtained cheaply,
Mr. MERRICK said, that as the amendment in- to prefer it to a good Government costing much.
dicated by the gentleman from Prince Goorge's,  The difficulty had been presented that, for two,
[Mr. Sprigg,] struck him, [Mr. M.,] as very four, six, or perhaps eight or ten years, after this
appropriate, and as better than his own, he Convention should have closed its labors-and
would withdraw his amendment, and accept in the event of the new Constitution being adoptthat as a modification.                    ed by the people-annual sessions of the LegisMr. WEBER said, that he rose to make a few  lature would be necessary; and it was proposed
remarks in explanation of the votehe intended by those who advocated them, to restrict the
to give. Hitherto, as a representative inthe term for which the Legislature was to remain in
to General Assembly, and as a reprcitizesenative in the pls, session. He was satisfied, from what little exGeneralAssembly, andes a citizen at the polls, perience he had himself had, in legislative life,
hehad voted against the change in the Constitu- perience he had himself had, in legislative life,
tion which substituted biennial for annual ses- and from the admission of the gentleman from
sions. He had done so, because, in the first Carroll, (Mr. Brown,) that much time was loss
place, he regarded the proposed change as cal- at the commencement of every session in the orculated, if not intended, to postpone and protract ganization of committees and in the proper disthe call of a Convention to revise the organic tribution and arrangement of business. If then
taw of the State. And secondly, because he be- it was necessary that important measures should
lieved in the policy and necessity of frequent be matured to carry out the provisions of the
elections, in ordert h at the peopl e might hold new Constitution, he thought that the great obelheir representctions, in order thato a proper accountabilitmigty. ject in view was more likely to be accomplished
But the people themseati lves  had  removed the efficiently and economically if the sessions were
But the people themselves had removed the for a longer term, rather than by annual sessions
grounds of his objections. They had removed for a longer term, rather th   by annual sessions
the first, by calling this Convention-whether of short duration; because, in the latter case, the
for better or for worse, remained yet to be seen. local business pressing upon the Legislature
They had removed the second ground by defining would prevent, or greatly impede, the formation
at the polls, what they intended should be un- and adoption of such laws as might be necessary
derstood by the term, "frequent elections," so to carry on the new system of Government. If
far as related to elections for members of the this principle was adopted, the Legislature, at the
legislaturel      ated      to elections for  meaners of he first session,:might attend to thelocal business,
legislature. Theyhaddefinedittomeau levery and would then he much better able-to form the
two years."  He held that the people, having necessary laws than Legislatures newly assemall power in themselves, had a right to declare bled and with allthe local legislation of the State
and define the principles of their government. In tobled and with alle local legislation of the State
the words of the declaration, adopted a: few days amendment which would look to both annualand
ago, that they "ought to have the sole and ex- biennial sessions. He desired that the Constituelusive right of regulating their internal govern- tion should contain a provision declaring that the
month"'I'he people had determined to have tion should contain a provision declaring that the
biennial sessions, and that was the interpretation meetings of the Legislature sholld be either anwhich they desired their reIpresentatives here, to nuall or biennial-one or the other, not both.
put on the term, "frequent elections." As one  Mr. BiSERsaid he was about to make a moof those representatives, he took this position; ion which he would preface with a brief remar
although a small majority of his immediate con- or two. The gentleman from cent, had partly
stituents had voted against the change. But he made a convert of him, when he showed that in
stituents had voted against the change. But he
looked to the voice ot a majority of the people the last five days of the session of the last Legispeop lature, one half of all the bills of that session
of the State, and felt, that, as an agent of their's, wereat the half of five hundred and
were passed —that the half of five hundred and
he was to be governed by their voice.      sixty-one bills, making two hundred and eighty,
He was also constrained to adopt this course were disposed of in that time. He was happy
by the consideration that, during the contest also that he and his honorable colleague, (Mr.
which took place among the people in regard to Thomas,) from whom he differed yesterday, were
the call of a Convention to remodel the organic drawing a little nearer together. Now he, (Mr.
law, he had never heard, in his own county, or B.,) was a strict economist, when the public inseen it stated in the newspapers of any other terests required retrenchment; and he found, on
county in the State, that one of the reforms desi- looking into the matter, that the expenses of two
red by the people, was the change now advoca- annual sessions could be so reduced, by lessening
ted. He believed that the position assumed by the duration of the sessions. as to be less than
the people was to be attributed in a great mea- those of one protracted biennial session, he presure, to the fact set forth by the gentleman from  sumed that the same could be done in an annual
Frederick, (Mr. Thomas,) yesterday-that they session. There would, therefore, be no necessity
were satisfied that there was two much legisla- for making the session extend to fifty days, and
tion.                                      when, in order, he would move to strike out fifty
Again. The people not only desired reform, and insert thirty days.
but they asked also for retrenchment in the ex-  Mr. BISER then moved to strike out "fifty"
penditures of the Government; and although he and iusert "thirty."




265
Mr. HICKS had made an effort, the day before, the people of Frederick, upon the subject of biento obtain the floor, but was unsuccessful, and nial sessions. Certainly not; and why? Obvihad he then succeeded would have occupied the ously, because they there, as everywhere else,
Convention somewhat longer than he now de- considered it a fixed subject, settled by them, and
signed to do. He rose now only from a stern never, as they supposed, to be disturbed again.
sense of duty, to add a word if possible to what Had not the people decided this subject of biennial
had already been said and so well said in favor sessions unequivocally, and shall this Convention
of the proposition now under consideration; nor thus-triflewith them? He hoped not. Have your
would he attempt it, at this late stage of the dis- elections once in two years, and your sessions of
cussion of this substitute, did he not consider it the Legislature in like manner,and then you save
to be one of the most important subjects, con- money and morals. He felt that it was most denected with our doings here. Important first sirable to avoid frequent elections, for all knew
as a tax-saving measure. But infinitely more as well he does, the demoralizing effect of popuimportant as a measure —the failure of which, lar elections; and he thought all ought, with him,
would, in his opinion, contribute more to jeopard go for just so many elections as were really nethe Constitution which we are now striving to cessary and no more. The people desired repose
prepare for submission to the people of our agita- and relief from the continual excitement of elected State, than anything we may do here. And he tions, and for himself, he felt a great anxiety on
now raised the voice of warning, though feeble, account of the too frequent elections, for the reaand trusted gentlemen upon this floor would re- son that they are demoralizing in their tendency;
fleet well upon this subject and act prudently. He and therefore he desired to have the popular elecshould have contented himself with the able vindi- tions of the State less frequent for the two-fold
cation by his colleague of'his important measure, reason of immorality and expense. As to the artogether with the valuable aid it received by the gument founded on the necessity for a strict suable and distinguished members from Frederick pervision of the Ti easury, he would say, that so
and Washington counties yesterday, and by others long as we have officers faithful as now, and in
to-day. But coming from a section of the State the past, there is no need of such frequent superwhere this measure of biennial sessions has vision.
been earnestly called for and are very popular,  We come here, professing to take charge of
he desired to bear his testimony to that fact, and thepublic interest, and how do we do it? Why,
confirm, if not strengthen, what his colleague by multiplying offices and increasing salarieshad said in that connexion. We are engaged. the last thing the people expect us to do. The
he spoke of the people of the Eastern Shore-we people who have so unequivocally decided in faare engaged, in helping, at least, to pay a debt for vor of biennial sessions, have not sent us here to
which we have never received value; therefore change the system, rely on it.
desire to get through as quick as possible and  Why, gentlemen talk as though we had come
forget it. He voted for biennial sessions, and so here to repeal our entire statutory system. What
did his people of all parties, when submitted to the have we to do with the statutes? Our duty is
people, four years ago-and unlike the gentleman to frame an organic law, in conformity with our
from Howard District, he intended to vote for it laws already made, and to which all laws, hereagain. The gentleman from Howard District aftertobe made,mustconform. We arenothere
and his friend from  Frederick, (Mr. BISER,) to prepare a statutory code. If we insert in
seemed to think they have discovered their folly this Constitution, propositions at variance with
and are retracing their steps, but he had began the expressed sense of our people, we do not do
right and intended to keep right. Gentlemen our duty. He hoped we shall be able to form
speak of annual sessions of the Legislature as a such a Constitution as will be acceptable to our
subject not to be considered by the Convention people. As to his own votes, he would only say,
in connexion with that of expense. Are we not they shall be honestly cast. He had repeatedly
here to make an organic law, to last, he trusted, served in the Legislature too, but was ready to
for ages to come; and are we not to guard all the admit that his friend from Carroll, (Mr. Brown,)
interests ofthepeople as bestwecan? He thought; had been in more legislative bodies and had behe felt so; but how do some gentlemen propose to longed to more parties than he had, and should
doit? Why, sir, by the multiplication of officers, not controvert what he had said in connexion
and largely increased salaries. The gentleman with the industry of the last Legislature; but he
from Frederick,l(he meant his friend, Mr. BISER,) must say, that he knew, as had been said in many
says he voted for biennial sessions too; and why? instances, that weeks of the earlier parts of the
Because, he says, the cry of repudiation was then sessions were consumed in idleness or pleasure.
to be heard in our State. So it was; and my Some time must be used in electing officers and
word for it, Mr. President, if we choke the the other processes of organization, but no one
wholesome financial measures which have been having experience, doubts that much time is lost
so wisely concocted and now in successful oper- in amusements on such occasions. If we can
ation, you will hear it again, for although we are send out to the people, such a Constitution as we
comparatively quiet now, it is not to be forgotten, may reasonably expect them to adopt, we must
that we have a debt of sixteen millions of dollars be careful what the provisions are which we inhanging over us, and which, enormous as it is, sert in it.
we intend to pay, if let alone as we now are. The  His friend from Frederick, (Mr. Biser,) had
same gentleman (Mr. BISERt) has told us that no- said that the cry of repudiation was once heard in
thing was said during the canvass last summer by Maryland,!and that he had then voted for bien34




266
nial sessions, as a measure of retrenchment. That whose returns where made to the House of Delewas true; but now, when our debt is likely to be gates, and there'became the subject of various
paid off, if we check those wisely concocted mea- enquiries and orders, which often proceeded
sures of finance, which have been the means of from not the most friendly sources. This responresting our prosperity, rely on it, the people will sibility, and this apprehension, tended to make
cry out against us. If he could see the necessity those officers prompt, efficient and scrupulous.
for annual sessions, he, for one, would vote to In regard to the excess of legislation, he repeatreturn'to them, but he thought the business could ed that it was his conviction, that the evil was
be done just as well by biennial as annual ses- really increased by the biennial system, and, in
sions. The Legislature, if industrious, can pass this connexion, he gave some further illustraall necessary laws in sixty days, just as well as tions of his views.
six months, and if not, they have the power to  Mr. DONALDSON concluded by renewing, (acextend their session, in view of perfecting changes cording to promise,) the demand for the previous
on account of the Constitution now being made, question.
to six months or longer, if found necessary; and  Mr. BRENT, of Charles, desired to offer an
then, if the system may be found not to work amendment, (which was not now in order.)
well, they can but return to annual sessions. But  Some conversation followed on a point of
there is no fear as to the result. The proposition order, in which Mr. McHVNKRY and the PRESIof his colleague was a self-evident one, he thought, DENT, pro tern., took part.
and ought to carry conviction to the mind of eve-  Mr. SCHLEY now withdrew the previous quesry one; he trusted it would be adopted, as great tion, at the request of
good would certainly grow out of its adoption.   Mr. BRENT, of Charles, who, in accordance
Mr. SCHLEY said that when the proposition for with the indication he had this morning given,
biennial sessions was before the people, he voted sent to the clerk's table, to be read, an amendagainst it, believing that it was a scheme de- ment, which he intended to offer when in order,
signed to get rid of a Reform Convention. He and Which is given hereafter.
had been influenced by the opinion, that elec-  Mr. B., in accordance with his pledge, renewtions should be frequent, and that the Legisla- ed the demanded for the previous question.
fure ought to meet annually to supervise the ac-  There was a second, and the main question
counts of the Treasurer. His first objection. was was ordered to be now taken.
removed by the call of the Convention, and his  The first question was on the amendment of
second, by the action of the people establishing Mr. SPRIGG, as accepted by Mr. MERRICK.
biennial sessions. The more he reflected on the  Mr. DIRICISON asked the yeas and nays, which
subject, the more was he satisfied with the dei- were ordered, and having been taken, resulted
sion of the people on this question. He would as follows 
now vote for biennial sessions; first, because as a
financial measure, it would lessen the burden of  ffirma7ttive-Messrs. Tuck, President, pro tern.,
taxation; and, secondly, because the people had  organ, Donaldson, Dorsey, Wells, Randall,
expressly sanctioned the system. He could bear Kent, Sellman, Merrick, Buchanan, Welsh, Contestimony to what was yesterday said by the gen- Stabe, Chambers, of Cecil, McLane, Bowie,
tlem&n from Frederick, (Mr. Thomas.) He hadSprigg, McCubbin, Spencer, George, Wright,
found no man who had raised his voice against Shriver, Biser, McHenry, Magraw, Gwinn,
this biennal system. It was, therefore, to be re-Brent of Baltimore city, Presstman,Ware, Davis,
garded as a settled question; and, in his vote, he Anderson, Parke, Shower and Brown-33.
intended to act in conformity with the will of the MNegative —Messrs. Ricaud, Chambers, of Kent,
people. Another reason which influenced him, Michell, Dalrymple, Brent, of Charles, Bell,
was, that nearly half the States of the Union, had  idgely, Llod, Dckinson, Sherwood, of Taladopted the principle; and lastly, he would vote bot, Colston, John Dennis, Dashiell, Williams,
for it from a thorough conviction that it will, if Hicks, Hodson, Eccleston, Phelps, Miller, Bowrejected, put in jeopardy the Constitution itself. lg, Dirickson, McMaster, Hearn, Fooks,
The people had refected on the subject, and had Jacobs, Thomas, Gaither, Annan, Stephenson,
made the change, and it wvould endanger the Nelson, Carter, Stewart, of Caroline, HardcasConstitution to insert a provision in opposition tle, Stewart, of Baltimore city, Schley, Fiery,
to their expressed will. He desired to make the Neill, John Newcomer, Harbine, Michael Newnew Constitution such as they will approve and comer, Waters, Brewer, Weber, Hollyday, Fitzadopt. He had merely risen to make these brief patric, Smith and Cockey-47.
remarks, and he would now move the previous   So the amendment was rejected.
question. He withdrew the motion at the re-   Mr. BRENT, of Charles, now offered the folquest of Mr. DONALDSON, who promised to re- lowing amendment:
new it.                                       Amend the said second section by striking out
Mr. DONALDSON merely desired to say a few.all after the words "term  of," where they
words, by way of explanation. Gentlemen on secondly occur in the second line, and inserting
the other side seemed to have understood his in lieu thereof, the following:
argument, as if he meant that the accounts of  "One   year from  the  day of the  genthe Treasurer alone, were to be subject to the eral election, for the first two years after the
inspection of the Legislature. The check to adoption of this Constitution, and thereafter for
which he referred, was upon all the accounting the term of two years from the day of each gene11 cers in the State, including the Treasurer, ral election, so that the first two sessions of the




267
General Assembly of Maryland, after the adop- Constable, Chambers, of Cecil, Bowie, Sprigg,
tion of this Constitution, shall be annual, and  McCubbin, Spencer, George, Wright, Shriver,
thereafter biennial."                       Biser, McHenry, Magraw, Presstman, Ware,
Mr. BROWN suggested to Mr. BRENT, to ex- Davis, Anderson, Hollyday, Parke and Brown.
tend the time to three or four years.       -30.
Some conversation followed on the point of  Jegativei-Messrs. Ricaud, Chambers of Kent,
order, in which Mr. BROWN and the PRESIDENT, Mitchell, Dalrymple. Brent of Charles, Bell,
pro tent., took part.                        Ridgely, Lloyd, Dick.inson, Sherwood of Talbot,
Mr. BRENT declined to accept the modifica. Colston, John Dennis, Dashiell, Williams, Hicks,
tion of Mr. BROWN.                          Hodson, Eccleston, Phelps, Miller, Bowling,
The question then recurred on the motion of Dirickson, vlMcMaster, Hearn, Fooks, Jacobs,
Mr. BRENT, of Charles.                      Thomas, Gaither, Annan, Stephenson, Nelson,
Mr. MCMASTER    asked the yeas and nays, Carter, Stewart, of Caroline, Hardcastle, Gwinn,
which were ordered.                         Stewart of Baltimore city, Brent of Baltimore
Some further conversation followed on a point city, Schley, Fiery, Neill, John Newcomer, Harof order, in which Messrs. THOMAS and PRESS'r- bine, Michael Newcomer, Brewer, Waters,
MAN, took part.                             Weber, Fitzpatrick, Smith, Shower and CockMr. THOMAS suggested a certain modification  ey-49.
of the amendment of Mr. PHELPS, which lead to  So the amendment was rejected.
further conversation upon a point of order.   Itir. PHELPS now withdrew his substitute, and
The question was then taken on the amendThe question was then taen on the ame nd- moved to amend the said second section by fillment osf Mr. BRENT, of Chales, and resulted as ing the blank in the second line, with the words
fl"two years.".ffinrative —Messrs. Donaldson, Wells, Ran-  Some further conversation followed on a point
dall, Kent, Sellman, Brent, of Charles, Merrick, of order, in which Messrs. PRESSTMAN, HARWelch, Constable, Bowie, Sprigg, McCubbin, BINE and PHELPS tok part.
Bowling, Gaither, Gwinn, Brent of Baltimore                d        
city, Presstman, Ware, Davis, Brewer, Waters,      P  L    demandedthe previous questio
Hollyday, and Fitzpatrick-23.               on hs a      ent.
Nregative-Messrs. Tuck, President, pro tern.,  There was a second; and
Morgan, Ricaud, Chambers, of Kent, Mitchell,  The main question was ordered.
Dorsey, Dalrymple, Buchanan, Bell, Ridgely,   Mr. Hicls asked the yeas and nays on tte
Lloyd, Dickinson, Sherwood, of Talbot, Colston, amendment;
John Dennis, Dashiell, Williams, Hicks, Hod- 
son, Eccleston, Phelps, Chambers, of Cecil, Mlil-  Which were ordered, and
ler, Spencer, George, Wright, Dirickson, Mc-  Being taken, resulted as follows:
Master, Hearn, Fools, Jacobs, Thomas, Shri-.jfirsmative —Messrs. Ricaud, Chambers of
ver, Biser, Annan, Stephenson, McHenry, Nel- Kent, Mitchell, Dorsey, Dalrymple, Brent of
son, Carter, Stewart, of Caroline, Hardcastle, Charles, Bell, Ridgely, Lloyd, Dickinson, SherStewart of Baltimore city, Schley, Fiery, Neill, wood of Talbot, Colston, John Dennis, Dashiell,
John Newcomer, Harbine, Michael Newcomer, Williams, Hicks, Hodson, Eccleston, Phelps,
Weber, Smith, Parke, Shower, Cockey and Bowling, Spencer, Dirickson, McMaster, Hearn,
Brown-54.                                   Fooks, Jacobs, Thomas, Gaither, Annan, SteSo the amendment was rejected.            phenson, Nelson, Carter, Stewart of Caroline,
Mr. SPENCERI then offered the following amend- Hardcastle, Stewart of Baltimore city, Schley,
ment:'Fiery, Neill, John Newcomer, Harbine, Michael
Newcomer, Davis,Brewer, Waters, Weber, HolAmend said second section by striking out all Nyday, Fitzpatrick, Smith and Cockey.
a, where they lastly oc- lyday, Fitzpatrick, Smith and Cockey-49.
after the words "term of," where they latly oc-  JVegative-Messrs. Tuck, President, pro tern.,
cur, in the second line, and insert in lieu therecur,   in the second line, and inet         Morgan, Donaldson, Wells, Randall, Kent, Sell~of the following:               man, Merrick, Buchanan, Welch, Constable,
"One year from the day of the general elec- Chambers of Cecil, Bowie, Sprigg, McCubbin,
tion, but the legislature shall have the right to Wright, Shriver, Biser, McHenry, Magraw,
provide by law for biennial sessions."      Gwinn, Brent of Baltimore city, Presstman,
|Ware, Anderson, Parke, Shower and Brown-28.
And Mr. S. demanded the previous question  W, a       a
on the amendment.                             So the amendment was adopted.
There was a second; and                     Mr. WELLS offered the following amendment,
The main question was ordered to be now   to come in at the end of the section:
taken.
~~~~tak~~enT~.  1                 ~'"Whenever the legislature may hereafter deMr. HARiNE asked the yeas and nays, on the teine to substitute biennialforannualsessions;
amendment of Mr. SPNCER;and in the meantime, and until then, said sessions
Which were ordered; and                   shall be annual, and the members of the House
Being taken, were as follows:              of Delegates shall be elected annually."
tffirmative-Messrs. Tuck, President, pro. lenm.,  M1r. CHAMBERS, of Kent, demanded the previMorgan, Donaldson, Dorsey, Wells, Randall, ous question on the amendment.
Kent, Sellman, Merrick,  Buchanan, Welch,      There was a second.




268
The main question was ordered to be taken. Hollyday, Fitzpatrick, Smith, Parke and Cockey
Mr. HICKs asked the yeas and nays;       -46.
Which were ordered; and                    So the amendment was rejected.
Being taken, resulted as follows:          Mr. SPENCER moved the following amendment:
Jffirmnative-Messrs. Tuck, President, pro tern.,
Morgan, Donaldson, Dorsey, Wells, Randall,    But the legislature shall have the rightto
Kent, Sellman, Merrick, Buchanan, Welch, provide by law, for annualsessions."
Constable, Bowie, Sprigg, McCubbin, Spencer,  A motion was made, that the Convention adGeorge, Wright, Shriver, Biser, Magraw, Brent journ, but was waived to enable
of Baltimore city, Ware, Anderson, Parke, Show-  Mr. THOMA to give notice that he should, toer and Brown-26.                           morrow, move to amend the twenty-first rule of
NJegative-Messrs. Ricaud, Chambers of Kent, the Convention, by striking therefrom the words
Mitchell, Dalrymple, Brent of Charles, Bell, "voting with the majority."
Ridgely, Lloyd, Dickinson, Sherwood of Talbot, And the Convention adjourned, until to-morColston, John Dennis, Dashiell,Williams, Hicks, row morning, 11 o'clock.
Hodson, Eccleston, Phelps, Miller, Bowling, Dirickson, McMaster, Hearn, Fooks, Jacobs, Thomas, Gaither, Annan, Stephenson, Nelson, Carter, Remarks of Mr. MERRICK, (revised) Monday, Feb.
Stewart of Caroline, Hardcastle, Gwinn, Stewart of Baltimore city, Presstman, Schley, Fiery,  10, io relatin to taing property beyond the lmNeill, John Newcomer, Harbine, Michael New-  its of the State.
comer, Davis, Brewer, Waters, Weber, Holly-  Mr. MERRICK thought it would be best to leave
day, Fitzpatrick, Smith and Cockey-50.
day, Fitzpatrick, Smith and Cockey-50.     the section as it stood in the report of the comSo the amendment was rejected.           mittee. He said there were some descriptionsof
Mr. McHENRY offered the following amend- properbe      thelimitsofMarylandandow
ment:                                      ed by some of her citizens, which our revenue
laws could not reach, and any attempt to tax
Amend said second section, by striking out all which would be ridculous, yet there were other
from the word'delegates," in the second line to kinds of property, particularly public stocks of
the end thereof, and inserting in lieu thereof, the other States and counties, equally beyond our
following:                                 limits, which, if owned by resident citizens of
"For the term of one or two years from the Maryland, we could and did make subject to our
day of the general election, as the people may, revenue laws with advantage to our Treasury,
by separate vote determine at the first of such as well as to the benefit of the value of our own
general elections."                        State stocks. The effect of this clause as it stood
would be to leave to the Legislature full discreMr. McH. said, he had seen great evidence of tionary power over the subject, they would exa change in the public mind, not only in his own ercise that discretion wisely and with due refercounty, but in the city of Baltimore.      ence to the circumstances which may exist at the
Mr. McH. demanded the previous question on time they may be called upon to act-and it is
the amendment.                             certainly not to be inferred because the LegislaThere was a second, and                  ture have full power.over this subject, and have
The   wa   eon  a d  to choose between a wise policy and a foolish atThe main question was ordered to lbe now  tempt to reach property which cannot be reachtaken.                                     ed-that they will do the foolish thing, as some
The yeas and nays were ordered, and      of the arguments seem to imply. I think very
Being taken, resulted as follows:        differently of our State Legislatures. By engrafting upon the section the amendment proposed,
Jfirmative —Messrs. Tuck, President, pro ten., you tie up the Legislature, and deprive them of
Morgan, Donaldson, Dorsey, Wells, Randall, the power to do that which may be wise, proper,
Kent, Sellman, Buchanan, Welch, Chambers of and salutary, because you fear they might atCecil, Miller, Bowie, Sprigg, George, Shriver, tempt that which is ridiculous. I have heard of
Biser, McHenry, Magraw, Stewart of Caroline, an attempt on the part of some citizens of this
Gwinn, Brent of Baltimore city, Presstman, State to evade the payment of their fair proporWare, Davis, Anderson, Shower and Brown-   tion of the taxes necessary for public purposes28.                                        by selling their Maryland State stocks which are
Negative-Messrs. Ricaud, Chambers of Kent, subjected by our laws to taxation, and purchasMitchell, Dalrymple, Brent of Charles, Bell, ing and holding in its place the stocks of other
Ridgely, Lloyd, Dickinson, Sherwood of Talbot, States; this attempt seems to be improper, and
Colston, John Dennis, Dashiell, Williams,Hicks, one, the success of which should be prevented by
Hodson, Eccleston, Phelps, Bowling; Spencer, subjecting such foreign stocks to taxation equalWright, Dirickson, McMaster, Hearn, Jacobs, ly with our own-but make the amendment now
Thomas, Gaither, Annan, Stephenson, Nelson, proposed, and you take away from the LegislaCarter, Hardcastle, Stewart of Baltimore city, ture the power to do this. He should, for these
Schley, Fiery, Neill, John Newcomer, Harbine, reasons,vote against this and similar amendments,
Michael Newcomer, Brewer, Waters, Weber, and for the section as it now stands.




269
FRIDAY, February 14, 1851.     He was in favor of biennial sessions, because
The Convention met at eleven o'clock.    the people of the State had so determined, and
we had no evidence that a change in public senPrayer was made by the Rev. Mr. GRAUFF.  timent had taken place.
The Roll was called, but no quorum was pre-  He was of opinion, that for a few years, there
sent.                                      would exist a necessity for annualPsessions. If
Mr. JOHN NEWCOMER moved that there be a the Constitution, which we are now modeling,
call of the Convention-which was ordered.  shall be accepted by the people, then it will neAnd the roll of the members having been again cessarily follow, that we shall require the best
called-and a quorum being present,         wisdom of the State to legislate on the subject,
On motion of Mr. JOHN NEWCOMER, all further and frequent sessions of the Legislature for a few
proceedings on the call were dispensed with.  years. The Constitution will embrace principles;
The Journal of yesterday was then read and the Legislature which is to follow, must carry
approved.                                  out the details. Under such circumstances, he
The PRESIDENT, pro ter., laid before the Con- was in favor of leaving a discretion over the subvention a communication from the clerk of Kent ject in the Legislature. Hence, it was, that on
county court, in obedience to the order of the yesterday he advocated, for the present, annual,
Convention of the 15th of November, which was leaving it to the Legislature to provide for bienread, and, on motion of                   nial sessions. He thought that this discretion
Mr. RICAID, was referred to the committee on might be safely reposed in the Legislature, the
the Judiciary.                             peculiar tribunal of the people. If we provide
MOTIONS TO RE-CONSIDER.         in the Constitution for biennial sessions only, and
eave no discretion over it any where, then the
There being no morning business before the people of the State might be put to great inconConvention,                                venience, growing out of the operations of the
Mr. THOMAS called up the motion, of which he new government; to remedy this, he offered his
had yesterday given notice, so to amend the amendment to provide for biennial sessions, but
twenty-first rule of the Convention as to provide as the Convention indicated, by its vote, a preferthat motions to re-consider might be made by any ence for biennial sessions, he had offered the one
member of the Convention, and not, as at present now under consideration  He offered it under
provided, by members alone who had voted with the most solemn conviction, that it would prove
the majority.                              ashield of defence in case of an emergency, when
The amendment having been read,          delay in legislation would be attended with great
An explanation of its object was made by Mr. public inconvenience. If it is opposed, it can
THOMAS.                                    only be because we are afraid to trust the repreThe proposition was opposed by Mr. DORSEY, sentatives of the people. We shall abridgethleir
and sustained by Messrs. PHELPS and THOMAS.  power, so as to prevent them from altering the
After which the question was taken, and the Constitution, and it is not likely that the people
amendment, by ayes 38, noes 20, was agreed to. will exercise the power, for some years to come.
THE LEGISLATIVE DEPARTMENT.        In the meantime, great exigencies may arise
which may require prompt legislation. Some
The PRESIDENT, pro ten., announced the special discretion must be reposed in the Legislature, on
order of the day, being the report heretofore made a question so important.
by Mr. JOHNSON, Chairman of the Committee on  It is said that it will be used as a political hobthe Legislative Department.                by. There need be no such fear- There is
BIENNIAL SESSIONS.            much better ground to apprehend that the Legislature will be afraid to provide for annual sesThe section under consideration at the hour of sions even in case of a necessity, than they would
adjournment yesterday, was the second section recklessly resort to them. Men are more apt to
of the report as amended.                 support popular than unpopular measures.
And the question immediately pending was on  Mr. RANDALL suggested to the gentleman from
the amendment proposed by Mr. SPENCER, to add Queen Anne, (Mr. Spencer,) to add to his amendat the end of the said second section the follow- ment, the words "and shall have the power to
ing:                                      change the times of the meeting of the Legisla"But the Legislature shall have the right to ture."
provide by law for annual sessions."        Mr. R. said, it was his intention to vote in
Upon this question Mr. SPENCER was entitled favor of the amendment of the gentleman from
to the floor.                             Queen Anne, though he,(Mr. R.,)should prefer it
Mr. HOWARD called for the reading of the with the addition he had suggested. He should
section and of the amendment-which were read. vote for it, because he thought that neither anMr. SPENCER said his object in moving an nual nor biennial meetings of the Legislature,
adjournment on the day previous, was to give ought to be a matter of permanent constitutional
time to consider the amendment which he had law. He thought that the suggestion made yesoffered. It was then late in the day, after three terday, that a clause should be inserted in the
o'clock, and, notwithstanding he considered the Constitution, providing exclusively for annual
question an important one, he was unwilling then sessions, might be productive of injurious conseto detain the Convention by an argument on the quences. Such, also, he, (Mr. R.,) believed
question.                                  would be the case, by providing in the Constitu



270
tion exclusively for biennial sessions of the Legis- and the people had experienced its operation,
lature, because it would require a change of that they, through their delegates, called this
what should be the permanent organic law, to Convention. That measure might have been the
suit a matter of mere expediency.           very last grievance to fill up the measure of their
In the course of the discussion, gentlemen had forbearance, and render intollerant things as they
referred to the judgment which they allege had were. Certain it was, that up to that time, no
been passed by the people, in favor of biennial such vote could ever have been obtained in the
sessions, and had stated that this judgment stood Legislature, to call a Convention-immediately
unrepealed, and should be obligatory and conclu- after the operation of that darling measure of
sive upon our action. The vote by the people biennial sessions was known, this Convention was
was cast, to which reference had been made, by called. The reformers saw, or thought they
about fifty-five thousand voters, but an aggre- saw, in these biennial sessions, no hope of algate vote of twenty thousand more had often been terations in the Constitution by th eLegislature,
given by the people of this State. How would the and that a Convention alone could afford them
twenty thousand men who did not vote, have relief.
voted on this subject-none could tell. A small  If the question to be decided was, whether the
portion of them would have over-ruled the majo- Convention should insert in the organic law, as a
rity of four thousand six hundred, by which this matter of permanent provision, a clause that
judgment had been given. And it was yet to be there should be biennial sessions of the Legisladetermined, (he spoke as to a matter of figures,) ture, and none other-was this Convention to
whether a majority ofthe people of this Statelwere, deprive the Legislature, and through the Legisare, or ever had been in favor of biennial ses- lature, the people, of the right to have annual
sions of the Legislature. We had as much right sessions, be the exigencies of the State what they
to conclude, that the twenty thousand citizens might; and that, too, when in this very bill it
who did not vote, were in favor of annual ses- was declared that the Governor should have this
sions, as that they were in favor of a change to power? How would this show the inconsistency
biennial sessions. If the twenty thousand were of those gentleman, who were heretofore mainin favor of a change, why did they not so declare taining in this Convention, popular rights with so
themselves? They did not vote, we may con- much zeal and eloquence, if they now refused to
elude, because they preferred the existing law, the Legislature the exercise of this power, and
providing for annual sessions. To say the least, gave it to the Governor? Who had the best opthey were indifferent about it, and hence a majo- portunity of knowing when, and what legislarity could not be said to be favorable to this tion was required?  The Governor or the Legischange to biennial sessions.                lature? Those to whom the Constitution has
Another consideration which controled the confided the legislative power, orhe, whose powdecision of many voters in favor of biennial ses- er that Constitution has declared, shall be forever
sions, and which had an important bearing in neu- separated from those of the Legislature? He did
tralizing the influence of many who would oth- not think it could be asserted, that the Governor
erwise have opposed it-the embarrassing con- could possibly have the means which the repredition of the finances of the State, at the time sentatives of the people possessed, of knowing
this vote was cast. The State had suspended what they desired, or whatlegislation wasnecespayment in specie or its equivalent. We all sary or proper for them, or at which time it
know that men were induced, from economy ought to be enacted. Let the power, therefore,
alone-in order to aid in maintaining the faith of be placed in the hands of those who had been
the State, to vote for biennial sessions. They selected to discharge that duty, who were best
determined to make sacrifices of what they had able to judge of the emergency which might dehitherto enjoyed, in order to obtain means to be mand its exercise. It did not follow, as a matj'ust. That necessity had now passed away-  ter of course, that we were to have annual sesthanks to the people of the State-to their ster- sions. All he contended for was that they should
ling honesty, and their devotion to the public not be prohibited by the Constitution.
plighted faith. He was, therefore, yet to be satis-  Let the times of the meeting of the legislature,
fled that, if the question had then been put to the whether annual or biennial, or triennial, be depeople as an isolated question, there would have termined by the legislature. Thus you exclude
been a majority in favor of biennial sessions. this vexed question from being a Constitution
Other considerations influenced this vote, as has provision-you prevent alterations in the Constibeen stated on this floor. The friends and op- tution, merely to change the times of the meetponents of reform by Convention, used it to ad- ings of the legislature which should be controled
vance their peculiar views, and voted for or by the temporary demands of the State.
against biennial sessions, as it influenced that mea-  Another view of this subject. The Convention
sure. But, be that as it might, he had nothing would, he believed, endanger the adoption of
more to say on the subject,but to add, that in sup- this Constitution, by permanently fixing annual
porting the amendment of the gentleman from  or biennial in its provisions. Many would vote
Queen Anne, (Mr. Spencer,) he, (Mr. R,,) be- against it, because their opinion on this subject
lieved he was doing nothing inconsistent with was opposed by its provision; whereas, their
any expressed wishes of the people. But had there votes for the Constitution might be secured, if
not been an expressed declaration of the people, the right had been reserved to themselves
opposed to biennial sessions? Now it was not through the legislature, to change biennial into
until that famous biennial bill had been passed, annual sessions. In this respect the Constitution




271
would be realizing that idea of permanency, discussing propositions for changes of the Conwhich Chief Justice Marshall said, should ever stitution, and the other half in the consideration
characterise such sacred instruments.      of local laws. The result was, that these genAt present, the finances of our State were eral laws ofthe State, which the liberties, intersteadily and smoothly moving on to their consum- ests and property of the people demanded, have
mation-the liquidation of the public debt long been almost invariably overlooked, overshadowed
within the period contemplated, when that debt and disregarded, to make way for petty acts of
was contracted. We enjoy a clear sky and a incorporation, and mere unimportant local laws.
stormless sea; but the aspect of things might No stronger evidence of this truth was needed
change. Emergencies might arise, requiring the than the fact that, of the whole number of laws,
legislature to meet annually-war might be de- passed at the last session of the legislature, (and
clared-a suspension of specie payments might to which the gentleman from Kent, Mr. CrAMtake place. Having yet a debt of sixteen mil- uERS, had alluded,) about ten only were designed
lions of dollars-the interest of which, had to be for the promotion of the general interests of the
annually provided for, in this state of prosperi- State. Last session, a new  assessment law,
ty-how much more arduous would be the duty which would have no doubt, from the increased
and more frequent the sessions of the legislature wealth ofthp State, greatly enlarged the property
in any such disastrous event. Some sudden to be taxed-bringing, in all probability, a
blight upon the prosperity of the State, such as a large additional revenue into the Treasury, was
failure of crops, or other signal calamity, might laid over for want of time. Maryland was
fall upon the State which might imperatively re- behind most of the States of the Union in her
quire action upon the part of the legislature.  general legislation. The demand for a codificaIt was true, that, at present, we were paying tion of our laws, is universal in this State, and
off our public debt, and securing it by the sinking yet it cannot be done. This general and imporfied, even in anticipation of the terms of our tant interest of the people at large, had been
contract, andby larger reductions than the exi- overlooked-whilst local matters and popular
gencies of its present condition required.  harangues, about alterations in the Constitution,
He did not mean to intimate, that, in the pres- by changing the times of their meeting, and
ent state of things, he would change one of the whether the sessions of the legislature should be
provisions by which this early blessing to our annual or biennial, occupied the time of the legState, of freedom from debt, was being consum- islature. In this proposition of the gentleman
mated. He hoped they all would be continued from Queen Anne's, (Mr. Spencer,) he, [Mr. R.,]
in their united influence, to bring about this glo- saw a prospect of diminishing the subjects of
rious result.                             Constitutional discussion and amendment. Make
But might not the emergency in any year arise no provision permanently in it at all, prescribing
which would demand a change of the system, at what time, or how often the legislature should
perhaps a reduction of the taxes, and yet the convene; leave thatto the legislature itself, and
faith of the State be preserved-nay, be the place it within the control of the people, who
means of preserving it. An exigency of this kind can so change it from time to time, as suits their
or of any other kind might occur, demanding a wants and wishes, and the exigencies of the
session of the legislature, when it was inhibited State.
by this clause in the Constitution, and where was  Another view of this matter, as suggested by
the danger or the difficulty which could be ap- the gentleman from  Dorchester, (Mr. Hicks.)
prehended? The legislature, the immediate rep- We should take care not to create a prejudice
resentatives of the people,were to act on this sub- against this new Constitution. That gentleman
ject-they best knew the wishes of the people, had urged this view, as a reason why we should
their wants and their views, and had the strong- not, by the Constitution, make the sessions anest motives of duty and interest, to execute nual, after the vote of the people favorable to
them. You now confide that very power to the biennial sessions. This view is capable of anexecutive.                                 other application. Do not cause those who favor
For one, he would never consent that the Gov- annual sessions, to be able to make that objection
ernor exclusively ought or should exercise the to this Constitution. Nearly one-half of all who
power of calling the legislature together.  voted voted to retain annual sessions. Do you
He was opposed to this mode of altering the not run the risk of having this vote cast against
Constitution by the legislature. He hoped there a Constitution, having in it a provision for bienwould be no such power given. He was opposed to nial sessions alone?
giving the power to the legislature, of constantly  I believe (concluded Mr. R.) that if you place
tinkering with the Constitution. It has produced in the Constitution a provision making the sessions
this piece of patch-work,to which gentlemenhave of the Legislature biennial, but at the same time
referred. He/preferred the Constitution should leaving it to the people themselves to make them
be altered at stated periods, by a Convention to annual, if they should think proper to do so, you
be called in pursuance of a provision to be made remove all objections on both sides, and to that
in the Constitution, when a majority of the peo- extent increase the chances of the final ratficaple so expressed their determination by their tion of the Constitution.
ballots.
This, he thought, should be the only means of  Mr. DIRICKSON said:
changing it. Asmatters now stood, nearly one  Regarded in any light, the principle of the
half of the time of the legislature was spent in amendment of the gentleman from Dorchester,




272
(Mr. PHELPS,) was one of no slight or trifling recollections fresh upon his memory, he had witimportance. Endorsed by the most solemn and nessed the undisguised hostility exhibited by very
unequivocal sanction of the whole ppple of Ma- many upon this floor against this great measure
ryland, it commended itself with weight and seri- of economy and reform, with a feeling of wonder
ousness to the earnest and deep consideration and amazement. "'Twas strange,'twas passing
of every member of the Convention. Quite con- strange," to see how speedily and completely
tent himself, in listening to the remarks of others, time, with its despoiling touch, had wiped away
he, (Mr. D.,) would have gladly obeyed the dic- every impression and vestage of the recent past,
tates of his own feelings and inclinations-by though it had been made even by the sovereign
giving his vote cheerfully and without the utter- hand.'Twas wonderful that those whoprofessed
ance of a single word, in accordance with the to drink "par excellence" from the very fount of
commands of that sovereign will, so clearly, and Democracy-who worshiped at no other political
soplainlymanifested. Butthe debate which had shrine, and bowed to no other political Godarisen since the agitation of this subject had should have so soon not only scoffed at the manbeen singular in many respects-expressions had dates, but absolutely by their speeches rebuked
fallen, and arguments deduced so novel and sur- the very wisdom of the people. Democracy did
prising in their character, as to require that an indeed assume strange guises, and well might the
answer should be at once, directly, and promptly delusive resemblance be at times mistaken for the
given. He should shrink from no duty attached pure reality.
to his position as a representative to whom a  No one could be suprised at the course which
portion of the community had confided their in- had been taken by the whole distinguished deleterests. And however reluctant at all times to gation from the county of Anne Arundel; recogassail the opinions and doctrines of others, he nising, as they doubtless did, the sacred relation
should never, for a moment,hesitate to speak fear- that existed between constituent and representalessly, whenever in his judgment their interests tive, they had faithfully and honestly shadowed
seemed to demand it. Like the distinguished forth the trust and sentiment that was entrusted
gentleman from Frederick,(Mr. Thomas,) whose to their keeping. Nor was he in the least degree
eloquence was heard with so much pleasure-he disposed to find fault with the kind and hospitahad long looked upon the biennial policy as part ble community around him.  i'hey were, after
and parcel of the great fundamental law of the all, like the rest of us, but human beings, enland. As having been directly inserted and pla- dowed with the virtues and the frailties that beced amid its provisions by the irresistable fiat long to our common nature; and all history had
and authority of the very source of all power it- shown, that the wisest judgments had been disself. Sir, this is not the first time the discussion colored and perverted by the " cunning of interof this subject had been agitated within these est," even when guarded by the most exalted inhalls or disturbed the popular mind. Every one tegrity. No doubt, their convictions of propriewas as familiar with its object, design, and ten- ty sprang from the most conscious exercise of all
dency as with any political event of the past or their reasoning faculties, and surely the views of
present day. Years ago its policy was tried by no section of the State were more legitimately
the fiery ordeal of public sentiment. Itwasalike entitled to be heard with deference, within the
the theme of the hustings and the argument that walls of the capitol. But other gentlemen had
filled the columns of every newspaper in the land. opposed the amendment already alluded to, whose
And eventually it sprang into full vitality and views did not seem to be in harmony with the
being, consecrated by the direct and distinct sane- constituency they represented, at least so far as
tion of the popular vote. All here knew and the returns of the vote given upon that subject
well-remembered the peculiar history of the might indicate. Familiar with that people from
measure. It was useless to trace it distinctly  whose bosom they had come, it might be that
through all its course, or in its every progressive they justifieu themselves by the belief that a
step. Abundant precaution had been taken to change, great and radical, had been effectedprevent the slightest degree of surprise. There that they were even now anxious to reverse the
was no unwise hurry, no unsafe dispatch. Full judgment which they had so recently given with
time was given for the exercise of the most seri- such general and singular unanimity; and though
ous and calm reflection, and for the use of the it had already been announced from a high source
ablest and soundest discretion. And the result that every thing was in a state of mutation and
was a manifestation, so triumphant and over- revolution-that change was written upon the
whelming, that no one for a moment could be whole moral and physical world-until some more
mistaken in its character. Judgment, final and substantial evidence than mere conjecture had
conclusive, clear and explicit, had been prompt- been given, he should be unwilling to believe
ly rendered by the only majesty recognized and that the people, like bubbles upon the water,
revered by freemen. And all had bowed defer- were liable to be blown hither and thither by
entially and willingly to such mandate. The Le- every passing whim and momentary caprice. Nagislature that succeeded the ratification by the tions and communities, like individuals, might be
people, at once engrafted the provision as part of fickle in their moods and wayward in their course,
the organic law, and the record of the times will but they seldom departed from that line of policy
show how slight and feeble was the resistance which had been sanctioned by the maturest rethen made to that "voice" which our noble old flections, and in the propriety of which their
Commonwealth had echoed from every quarter. judgments and their interests alike concurred.
Under such circumstances and with such historic We are told, however, that apart from these con



273
siderations, and towering vastly above them in gitimate influence upon this body,and he entertainimportance, are other arguments and reasons ed the hope that the most wholesome and proper
that place the policy now under discussion upon economy would be every where applied. Not
very different grounds, and render annual sessions relying, however, entirely upon the argument to
of the Legislature an absolute essential to the per- which he had just replied, the friends of annual
fection and harmony of the new system under sessions urged against the biennial policy, "the
which we are soon to begin our onward progress. want of time" necessary to the consideration and
With much apparent earnestness, we had been wise formation of all the laws, which the public
referred to our present financial condition and to and private interests might demand. He regardthe immense revenues that were yearly collected ed this as the most unfortunate and untenable
and disbursed through the various offices of the position, which could, by possibility, be assumed.
government, and with great force and ability it Law-making was the veriest, crying vice of the
was argued, that at least one careful revision was age, and throughout the whole State, there was
annually required, both to keep the whole com- complaint, universal, loud and deep, against the
plicated system working in perfect harmony and countless statutes with which our books are alto secure strict fidelity in the discharge of every ready filled. The familiar maxim, that every one
duty, to the State. Sir, it was indeed a fact, is presumed to know the law, had, in point of
that the closest vigilance and the most rigid scru- fact, long since become obsolete, and no man now
tiny should be exercised over all who had our dared to express an opinion upon the simplest
revenue in charge. The great arteries of inter- subject, without the most patient, painful and
nal improvement were just beginning to develop laborious investigation. Why has order after
themselves and immense as was the sum that al- order been submitted to our consideration asking
ready flowed weekly, monthly and yearly into for a codification and a new arrangement of the
the public coffers. No one could safely predict laws. Because, sir, our statutes have been one
the extent and magnitude of our resources when mighty mass of enactment, and repeal, re-enactonce those mighty commercial highways were in ment and re-repeal-supplement, and supplement
full vigor and action. The day, perhaps, was not upon supplement, until the very brain grows
distant, when, under wise legislation, the patient dizzy, in the almost vain attempt to gather from
tax-payer might reap the full harvest of past toil- the profound medley what really is the law. We
ing. The question, however, that now presented have been told that courts and jurists, alike had
itself was not as to the amount or future dispo- been baffled as well in the search as in giving a
sition of the finances, but as to the best and most true construction to the mystic line when once diseconomical method of guarding them against dis- covered.
honest appropriation and improvident squandering.  Such obscurity could only have resulted from
Surely for such a purpose it was not essential to too much and too frequent legislation. Ere an
assemble together tie whole legislative body of enactment had been permitted to test its efficacy,
the State at an expense enormous and extravagant, it was ruthlessly assailed, and it might be by a
when compared with the hundred simpler meth- "tinkering" hand, that at once defeated and deods that might be easily devised, better effecting stroyed its whole original design and object. But
the same purpose and with less than ahundredth beside this reply to the argument alleging "a
part of the expenditure.                   want of time," it was well known that a very
As had been suggested by the gentleman from  large period of each past session had been occuFrederick, (Mr. Thomas,) a committee, (and a pied and consumed in the passage of private laws
legislature only acted after all through a commit- -in the consideration and granting of divorces,
tee,) might be provided by law, whose duty it and in a vast deal of local legislation, which so
should be to make the annual investigation at the far as the judgment of the Convention had been
close of that alternate fiscal year, when the Gen- shaddowed forth, was designed to be removed
eral Assembly was not in session. If this mode entirely from this hall, and given to other and
was not acceptable, and it was merely suggested more appropriate jurisdiction. Under such an
as an example, there was not a gentleman pre- arrangement, the whole "time" would be given
sent who could not originate a shheme that would exclusively to the great public wants, and with
accomplish all the purposes desired, and in a but little industry and energy, every subject
manner much more likely to secure full integrity might receive that calm and earnest deliberation
from all the officers, and full justice to the State, so essential to wise and wholesome provisions.
than that general supervision, which from the Let the Legislature hereafter busy itself, as
very nature and composition of Legislatures, well in the beginning as at the end of the session.
could only be formally and c:arelessly effected. It Let it proceed earnestly and at once, in the labor
had been well and wisely said, that the cheapest before it, and on the day fixed by the Constitupolicy was not always the most economical; but tion for its final adjournment, every petition will
surely a measure, commended both by reason have been heard and every real want been gratiand economy, could not fail to address itself with fied. He was unwilling to detain the Convention
convincing power, to th judgment and prudence longer with the refutation of an argument which
of all. Extravagance aas the mother of corrup- seemed unsustained by reason, and utterly destition, and the warning  age of history had shown tute of every principle of propriety. But it had
that corruption was th poisonous bane that had been said, by the zealous opponents of the meaworked out the downf l. of the strongest govern- sure, he was now advocating, and with an air
ments of the earth. Fjuch solemn teachings of triumphant, that it was anti-democratic in its
the past, could not and, wpold not be without its le- tendency, and in direct and open violation of the
35




274
spirit and teaching of that article, in our bill of economy; and they had then pointed with honest
rights, which, framed in the days of seventy-six, pride to the well-filled coffers of a surplus treaand looking eminently to the "security of liberty" sury, as fully justifying them in seeking to return
and "the foundation of government," advised, in to that policy of which theirjudgments approved.
express terms, both the freedom and freqeency of It was indeed a glorious truth, that Maryland
elections. No one could be more anxious than him- had emerged in full splendor, from the obscurity
self, to infuse into every department of the gov- thatonce threatened to cloud her fair fame; and
eminent, the genuine essence of pure democracy now possessed of an untarnished escutcheon, she
and perfect equality. No one recurred to the stood with noble presence amid the sister sovewisdom of our revolutionary fathers, with more reigns around her. Under the guidance of a
unfeigned reverence' and entire respect. But master-hand and courageous heart, a mighty syswhy, sir, should so much stress be laid upon the tem of revenue had been breathed into full life
term frequent? It was not a word of isolated, and action; and the demon of repudiation redefinite and precise meaning; but relative and buked and abashed, was made to slink away from
comparative in its character, and evidently de- our domain forever. The change was great and
signed to receive such liberal and rational inter- happy-one worthy of imitation-one worthy of
pretalion as the circumstances and necessities of all remembrance. But even in the full tide of
the times seemed to demand. It was inserted prosperty, we should not conceal from ourselves
in the great charter of our rights, as a wise and the stern and stubborn fact, that a patriotic peonoble precept, and not as a rigid and unbending ple were still toiling manfully under the burthen
rule, which despite of every change, was to tie of millions. The tax collector was wandering in
all future generations down to one uncompro- every section of the land, gathering in the hard
mising line of action. The same process ofreason- earned and yet cheerfully paid gold, that the
ing that proved that annual sessions were nearer honor or our State might remain unsullied withto the meaning and design of the principle taught out blemish and without stain. Not a fraction of
by the article, than the biennial policy,would ap- the taxes had been removed, and every reason of
ply with equal force, to the adoption of semi-an- economy that had originated the measure of
nual sessions; and the argument might be con- reform and relief, still remained in full force and
tinued until it became apparent to every one, vigor. Aye,the very gallantryitself,with which
that the attempt to give to the term "frequent," the whole community, as one man, had come to
any strict meaning, differing from that which the the rescue, furnished additional and powerful
reason of the times justified, was utterly and per- motives for making the most strenuous effort to
fectly absurd.                              lighten, quickly and effectually, the load so nobly
The example of annual sessions, we are told, borne. He wished to see the mighty incubus of
had been established by the earliest founders of debt, that was now  depressing and weighing
the government. But what was their situation? down the energies of men, pass speedily off, and
The government itself was in a sort of half chry- he should cheerfully, eagerly aid in every and all
salis state-just emerging from the colonial reforms consistent with propriety, which would
position. The havoc of war was desolating the directly or remotely assist in accomplishing this
whole country, and filling it with alarm and ter- great and paramount result. With him, reform
ror. Civildiscord and intestine commotion agi- implied economy as well as convenience; and
tated every section within our borders; and our whatever might be the vote he was called upon
very liberties themselves were struggling for that to give, he should never depart from that princitriumph, which was only secured after long years pie.
of peril and strife. Surely if ever there was a  Of the amendment which had just emanated
time when the wisdom, and virtue, and experi- from the honorable gentleman from QueenAnne's
ence of the land should be frequently assembled, (Mr. Spencer,) after the remarks he had already
it was in that dark and dangerous hour. Then, had the honor to submit to the Convention, it was
if ever, wise counselings were demanded-then, unnecessary for him to speak or notice, by any
in short, the crisis of the times were above all other than the briefest comment. Its object and
other considerations, and reason and propriety  design, as expressed directly upon its face, was
alike dictated the construction and the action to give to the Legislature, hereafter to be assemtaken by our sires. That fearful period had for- bled, "the right to provide, by law, for annual
ever passed away, and with the exception of the election of delegates to the General Assembly,
political excitement, common to our form of gov- and for annual sessions of the Legislature, which
ernment, our good old State was now moving shall not continue in session longer than fifty
with peace, plenty, and power, in her onward days." It appeared only to differ from other
destiny. With the change of events, the reasons propositions, by shifting the responsibility from
for annual sessions had vanished away, and no ourselves to the Legislature that might follow.
one could entertain a doubt, but that the highest It was equally at war with the direct mandate of
dictates of economy, imperatively called for the the sovereign power, and equally liable to all the
adoption of a policy warranted by the circum- difficulties and objections previously urged. We
stances of the times, and in direct accordance are, or should be, as capable of making the deciwith the popular demand.    Gentlemen  had sion, as those who are to come after us, and
further urged, in argument, that the biennial act should not, by a mere change of the tribunal,
had been proposed at a time peculiar in oiar af- seek to avoid the judgment which we had been
fairs, and engrafted amid the provisions (cf the emphatically ordered to give. Much had been
Constitution, purely as a measure of saving, aBn ad in this discussion, and by gentlemen who had




275
participated in its labors, of the embarrassment Great and unexpected financial embarrassments
thrown around the session of the last Legislature might come suddenly upon us-war, with its horfrom the effect of this very biennial policy; and rors, menace our liberties-pestilence and famine
if he had rightly heard and understood, it had invade our bordersand insurrection with goryhead
been clearly intimated, that the proposition to rear itself in our midst. If such a time should
recommend the call of an extra session, had been ever come, then would the crisis have arrived
gravely, if not publicly argued by many of that when the wisdom and patriotism of the land should
eminent and distinguished body.           be summoned to these, our council chambers; then
Mr. BRiwN remarked that he believed the might this power work the great and legitimate
Governor was in favor of the call of an extra object for which it was properly and wisely desession.                                  signed. With such views and sentiments he could
Mr. CHAMBERS, of Kent, was understood to not lend his sanctionto tohe amendment to which
inquire whether the Governor was in favor of he had last alluded. He could not aid in trampgetting the Legislature to recommend the call, ling under foot a measure which had been opdainor of calling it himself.                 ed by the people themselves. He could not conMr. BROWN said, he had understood that the sent to take a step backward in the great onward
Governor was inclined to the call, if the Legis- march of reform now going on every where withlature thought proper to recommend it.   in and around us. He wished to see Maryland
in the very van of those States that, upon the
tMr.an GtNN desird to so,  beh alf of a gen- ruins of old fabrics, were rearing better, purer,
that there were some matters pending before kind of reform desired b the people whom he
the last Legislature which were believed tobekind o reform desired by the people whom he
the last Legisture  which were believed to be had the honor in part to represent. He believed
of erious mportance. But he (Mr. G.) ad he knew their wishes and their interests, and in
couseed, or recommended toheny segisatu indivi accordance with his constant and earnest aim,
never understood that the Governor either desir- accordance with his constant and earnest aim,
ed, or recommended to any set of individuals, he should endeavor at all times, honestly, and
that an extra session should be called. The  esul      da    at a       hoee a
Governor thought that- there would be a moral faithfully to cling to and ustain them.
justification for the step in the Legislature, and  Mr. TUCK said:
was prepared to act upon its recommendation;  That he had stated, when advocating the pubbut he had never in any manner interfered, or lication of the debates, that he would trouble the
counseled, or influenced the Legislature in re- Convention as little as anyof the speaking progard to it.                               fession to which he belonged, and he believed he
Mr. DIRICKSON resumed. He believed he had had been true to his promise.
properly understood and correctly stated theex-  It would appear, from what his friend from
pressions to which he had alluded-and the moral Worcester had said, that the State had been acwhich the declarations and avowal taught him, tually convulsed from the Allegany mountains to
was that it might be dangerous to give this pow- the ocean, on the subject of biennial sessions.
er to such a body as this amendment proposed.  Mr. T. rather suspected, that in this instance
Had this provision have existed in the present his friend had taken Worcester county for the
Constitution an extra session might, at this very State. If the excitement spoken of, had swept
moment, be holding its sittings and fearfully in- over the'State, it had not reached the lower
creasing the' already enormous expenditure of counties on the Western Shore as far as he was
the State. Neither the necessities of the times, informed. It is true that Prince George's counnor the wants of the community, rendered essen- ty gave a majority for biennial sessions. But
tial such additional outlay of the common trea- there was no excitement or agitation of the subsure for such a purpose. The power is by the ject before the election, as far as he, [Mr. T.,]
existing Constitution already vested in the Exe- knew  or had heard. It so happened, that he
cutive-why had it not been exercised. The participated actively in the canvass of 1846,
distinguished officer who then occupied the though not a candidate; and he did not rememgubernatoiial chair was incapable of shrinking ber to have heard the subject mentioned, and he
from the discharge of -any moral or legal duty knew that many persons had not considered the
imposed by that exalted position, and the irre- matter at all before they were asked the question
sistible l inference is' forced upon all that no such at the polls. He knows this, because he heard
extra session was in reality demanded. Sir, we many say so at the time-and' many declined voshould be careful how we vest this extreme au- ting on that question for this reason. His counthority in that department of the Government, ty gave a majority for the biennial act; but not
which from its very numbers cannot by possibili- more than one thousand, two hundred and fifty
ty feel that direct' responsibility necessarily re- voters passed on the question, out of about one
quisite to its wise and wholesome exercise. Let thousand five hundred or more, that were
it remain', as provided by a future section of this polled.
report, irn the hands where it had been placed by  If he, (Mr. T.,) thought that this question were
our fathers, to be used only when some high and deemed of paramount importance by his constiunusual crisis justified its employment. From  tuents —that it was above all others affecting
the constant mutability and very uncertainty of' their rights and interests, and had been recently
all things earthly, it must be lodged somewhere, settled by the vote at the polls, he would not
to be wielded in th6 hour of emergency for the now vote for annual sessions. He acknowledged
security; the protection, and the prosperity of all. the right of instruction,and the duty of obedience.




276
But when not instructed, he must suppose that people. They obeyed the people on this subject
his constituents designed to place some confi- in 1846; why will they not obey again, if this
dence in his judgment, to clothe him with some question goes a second time before that high tridiscretion.                                bunal as is now proposed by the amendment.
It was his duty to vote now, not as his consti-  Gentlemen had warned the friends of reform
tuents had voted four years ago, when this Con- that if this biennial feature is not retained, the
vention was not contemplated by them; but as Constitution will be rejected by the people. This
he, (Mr. T.,) believed, they would decide, if the warning might properly enough come upon those
question were now submitted to them. He was who rejoiced in the name of reformers; but he
of opinion that they would decide differently if was at a loss how to account for such a voice
they were here and could see the difficulty we from Dorchester and Worcester counties. The
have experienced in forming a Constitution; and gentleman from Dorchester, (Mr. Hicks,) had
the probability that many things will be left to said sometime ago, if he remembered, that the
future legislation.                        basis of representation and some other features
Gentlemen have stated time and again that in the present Constitution, suited him. Mr. T.
they would not encumber the Constitution, with inferred that if the basis and these other features
what they considered legislative  provisions. were materially changed, the rejection of the
This, he, (Mr. T.,) said, was his own opinion. Constitution would not be disagreable to that genThough belonging to a party which receives tleman. The gentleman from  Worcester, had
scantcredit with our adversaries, for confidence said he voted for the Convention in June last,
in the people, he might say for himself, that when and therefore claimed to be a reformer. Yet, the
he witnessed the efforts that are sometimes made reformers do not take him as one of their brotherthroughout the land, to inflame the passions, and hood. His two Eastern Shore friends might go
excite the prejudices of the people for political for triennial sessions without risk of being deemed
ends, he ever turned with an abiding trust to any better reformers than they would be called
their intelligence, virtue and patriotism, as the if they went even for annual sessions. Annual
lasting foundations of our republic. He was and biennial sessions have little to do with the queswilling to leave many things to be considered-  tion of reform, as it is understood by those who
much to be done by the legislature, who could claim to be its peculiar friends. Some of the
better ascertain and follow the wishes of the stoutest reformers here are advocating annual
people than we can.                        sessions. Carroll county goes for them, as carryIf we lay down correct principles in the Con- ing out a cardinal democratic doctrine-'frequent
stitution, the people will follow them out. If we elections and strict accountability;"I while Fredefurnish a good plan of government, the legisla- rick county is divided. Mr. T. supposedthat his
ture will fill up the details as may best promote friends from Frederick, (Messrs. BISER and SHRIthe interest and prosperity of the State.  VER,) considered themselves none the less good
Mr T. said, he thought that annual sessions reformers because they happened to disagree
would be necessary for some years at least, be- with their colleagues on this question of legislafore the machinery of this new  government tive sessions.
could be properly set in motion. He was in fa-  But suppose the warning be heeded. It may
vor of annual sessions, and short sessions of fifty operate the other way at last. Mr. T. was no
or sixty days at most. He had,himself, last win- prophet, and he gave no warnings to others. He
ter witnessed what he never before saw in legis- had quite enough-may be too much-on hand in
lation. He had seen bill after bill passed with- endeavoring to keep right himself. He would,
out having been read at all; when he was satis- however, venture to suggest, that twenty-five
fledthat very few of the members knew what thousand five hundred voters cast their ballots in
they were voting upon. This was in conse- 1846 against the biennial bill. Suppose all, or a
quenceof the number of bills before the body. large portion of these, were to cast their votes
He had seen much confusion and haste at the against the Constitution, if they are not gratified
close of the annual sessions-but nothing to com- by having the annual sessions incorporated as
pare with what he saw last winter. He was part of the instrument-it may be rejected. We
not a member, but he saw enough as a mere are not to suppose that these twenty-five thouspectator at the lobby, to satisfy him that the sand five hundred are not of the same mind now,
biennial bill had been purchased at a fearful cost any more than we are to presume that the other
-the hazard, if not the loss of sound, deliberate, thirty thousand, who were for biennial sessions,
and judicious legislation.                 have not changed their opinion. In about fiftyGentlemen had argued against leaving too five thousand votes, there was a majority for bimuch power to the legislature. Whatis'"too ennial sessions of about four thousand six hunmuch?" Here we may differ. In one breath we dred. While, therefore, the reformers are taking
are told thatwe must obey the potent will of the warning, they had as well remember, that in 1846,
people, because they have expressed it favora- there were nearly one half of all the votersbly to biennial sessions. In the next breath it is only twenty-three hundred, less than half-opsaid thatthe legislature must not be trusted again posed to biennial sessions, and that these same,
with this power, although they come from the for aught we know, may make this very feature
people.                                    the ground of invincible repugnance to the ratifiIf we acknowledge this duty ourselves, why cation of the Constitution.
shall we impute a different sense of duty to those  This was not altogether conjecture, for one of
who may come after us as representatives of the the delegates from St. Mary's states that one rea



277
son assigned by certain gentlemen in his county, peated what he had before stated as to the indusc
for advocating the Convention was, that it would try of the last Legislature, and particularly of the
be a means of getting rid of biennial sessions of Baltimore delegation; and concluded with stating
the Legislature, and returning to annual sessions. that he intended to sustain the Democratic prinMr. T. read from the election returns of 1846, ciple of frequent elections and representation by
to show the vote upon the biennial bill. Allega- members.
ny county gave a majority against the bill of 73;  Mr. DIRICKSON said:
Carroll 704; Baltimore county 133; Baltimore  He did not desire to detain the Convention but
city 694-while the majority for it in Washing- a single minute, in reply to the remarks which
ton was 751, and in Frederick only 8; the West- had just fallen. He was always gratified to
ern Shore gave a majority against the bill of up- receive information from any source, though in
wards of 1200 votes; the large majorities for the this particular instance, it was certainly unnebill were on the Eastern Shore. The majorities cessary for the distinguished gentleman from
in Prince Georges and Charles were 140 and Carroll, to have given evidence of the possession
159-while the vote in Calvert and St. Mary's of such profound Constitutional lore. Wonderful
shows a majority against the bill of 354. It was and mysterious as the erudition might seem, he
a mistake, therefore, to assume that this biennial had long been aware of the fact, that the present
bill had passed by such large majorities as to Constitution contained no provision giving to the
leave no room to doubt what the vote of the legislature the right to call an extra session.
people would be at this time. On the Eastern Nor did he Ibelieve any other gentleman upon
Shore it was passed as an anti-reform measure-  the floor, had for an instant, understood him as
a device to keep off this Convention. The de- expressing any opinion or idea inconsistent with
sign having been frustrated, it might be reason- that fact.
able to say that even there, it was still an open  He was discussing the amendment which had
~~~~~~~~question. "  "been presented by the gentleman from Queen
Mr. BRowN said that a question had been put Anne's, (Mr. Spencer,) proposing to give this
to him by the gentleman from Worcester; and power to the legislature, and was arguing as to
the use which that gentleman had made of the what might have been the consequences, had a
answer, rendered it his, (Mr. B's.) duty, to make similar clause have been inserted in our present
some reply. The gentleman from  Worcester Constitution. After the information which had
did not appear to him to understand the Constitu- been as to the feeling of many of the body that
tion. The session of the Legislature is limited to last occupied these halls, it was not difficult to
the tenth of March, and the Governor has the imagine that had there have been no organic or
power to call an extra session. The question constitutional barrier-an extra session might
was agitated in the Legislature and obtained only this moment be holding its sittings and additional
a few votes. It was said that the Governor thousands flowing from the Treasury.
would have no objection to call the Legislature  In regard to what he had said in reference to
together, as much business of importance was the confusion of our statutes produced mainly by
laid over, which was proper and necessary to too frequent legislation, he begged leave to adcarry on the operations of the Government. Such here to his original opinion. The most eminent
was the fact in relation to that matter. The jurists of that body had sustained him by the exparticular part of the State from which these pression of similar sentiments; and however tribiennial sessions are urged, made him somewhat fling and unimportant that objection might seem
suspicious as to the object in view. The effort to the powerful intellect of the gentleman over
comes from the Eastern Shore. And he would the way, he should not be turned aside from his
ask those gentlemen if they intended to vote for course in seeking to eradicate the difficulty. He
the Constitution if these biennial sessions were could not refrain from congratulating the country
provided for in it?                       and the Convention, that genius had at length
Mr. PHELPS said, if the gentleman asked him, been found, before which, that mystery and ob.
he would say "yes."                       scurity of the laws, hitherto baffling so many,
Mr. BROWN resumed. If the population basis would vanish away; and it was possible it might
had prevailed, the gentleman would not. An- be the evidence, that the age of perfection-the
other project has been agitated in this Hall. very millennium-was well-nigh upon us.
Yesterday, he began, from what he had heard,  Mr. BROWN said, he did not mean to say that
to think that we were to have no sessions of'the the gentleman from Worcester, did not underLegislature at all, but that it would be merely stand the Constitution, but only that he overnecessary to send a joint committee here annual- looked some of its provisions.
ly to transact all the Legislative business. We  Mr. RIDGELY said he had but a few words to
say we have too much legislation, the people do urge against the amendment of the gentleman
not think so; he supposed therefore it was inten- from Queen Anne's, (Mr. Spencer.) He should
ded by way of compromise, to have none at all, confine his remarks to that subject, ard not folexcept what could be done by a committee. low the discussion, which had wandered into a
Never, until now, had he heard it laid down as consideration of the merits of annual or biennial
Democratic doctrine, that elections might be too sessions; a question which he had supposed was
frequent. All the Constitutions which have been determined by the vote of yesterday. Before,
framed from the time of Jefferson, contain the however, he proceeded, he would put a single
clause in favor of frequent elections. He re- question to the gentleman from Queen Anne's.




278
Had he rightly understood his amendment, as de- delegate to the Legislature any power whatever
signing to confer upon the Legislature the power to tinker with the Constitution. The honorable
of alternating between annual and biennial ses- gentleman from Queen Anne, had argued that the
sions at its pleasure?                    amendment contemplated the exercise of the
Mr. SPENCER referred to the language of the power by the Legislature only, when demanded
proposition, leaving the subject to legislative dis- by the popular will; and he had earnestly asked,
cretion.                                   Were we afraid to trust the people. What secuMr. RIDGELY resumed. He had so understood rity, he would ask, had the people, that this powthe amendment, and he regarded it as the most er if conferred upon the Legislature, would be
dangerous proposition which hadbeen offered in held subordinate to their will? Does the amendconnection with this subject.  What was it? ment impose any restraints upon the exercise of
Would gentlemen analyze it; strip it of its seem- the power? On the contrary does it not authorise
ing deference to the popular will; look it freely a change of sessions from annual to biennial, or
in the face? It was nothing more nor less than vice versa, by a single legislative enactment, and
a special amendatory clause of the Constitution- thus practically annihilate the provision of the
a power to the Legislature, at its mere pleasure, Constitution for biennial sessions? Nothing is
to alter the fundamental law by a single act of more evident. The honorable gentleman from
Assembly. It appeared to him, that the effect of Queen Anne, has maintained with great earnestthe amendment would be to render the constitu- ness, that the Legislature would not dare to exertional provision adopted yesterday, making the cise such a power mero mott, except upon the
sessions of the Legislature biennial, nugatory and prompting of public opinion, because it would
idle; and the Constitution had as well be silent sacrifice every member of the body, who had the
upon that subject, since the Legislature would temerity to oppose the popular wish. It was not,
then have the power now proposed to be confer- in his judgment, important whether the power
red upon it. But he regarded the amendment as would or would not be abused. He was against
most objectionable, in view of the power itself, conferring any power whatever over the organic
proposed to be granted to the Legislature. In law upon the Legislature, even in the most unsomparison with this proposition, he considered important particular, and for a direct Constituhle fifty-ninth article of the old Constitution, odi- tional recognition of this prohibition, by a pro(sus as it was to conventional reformers, by reason vision for future Conventions. Yet he would ask,
<of the construction given to it by those who what evidence does the past supply, that such a,claimed exclusive legislative control over that power would be exercised in conformity with
instrument, as much to be preferred. This pro- public sentiment? The vice of the argument ap-;position takes away from the people the color of peared to him to be in confounding the Legislaparticipation on their part, which the fifty-ninth ture and the people. These must be regarded
article provides to effect a change in the organic as correlative, as one and the same thing, to justlaw, by permitting, in this particular, such change ify such conclusions-and he was sure such was
to be accomplished by a single legislative enact- not the theory of his friend from Queen Anne.
ment; when the fifty-ninth article contemplates Certainly as he had already intimated, the past
the act of two consecutive Legislatures to effect was not full of encouragement to the people in
that object. He could go for no such proposition. this particular, that they should again peril their
He was free to confess, that in his judgment, political fortunes by such a venture. Have not
the amendment surrendered an elementary prin- the people, the majority, a large majority, been
ciple of the reform party. What was the cardi- for years struggling against the very theory which
nal doctrine of coventional reformers? If he had this amendment upholds? Have we not been first
not greatly misunderstood the theory of that party, respectfully asking, then remonstrating, and now
whig and democrat, it was, that no earthly pow- demanding that the Legislature shall be so coner, other than the people, ought to make, change, stituted, as to represent the people? With what
or alter the organic law-that the claim set up success, heretofore, this application has met, the
by the literal constructionists of the fifty-ninth honorable gentleman is well informed; and will he
article for exclusive legislative control over the consent to trust the power of altering the ConstiConstitution, was qualified and determined by the tution in the hands of the Legislature as now conforty-second article of the Bill of Rights; and stituted; and can he hold out any reasonable hope
further, that although no such reservation had to us, that its present basis, will be modified in
been grafted upon the Bill of Rights, yet it would accordance with the equal political rights of citihave existed, as an inherent and unalienable zens? We have been sent here for a far differright in the people. Was not this the doctrine of ent purpose, as he understood his duty. We came
conventional reformers? Is it not now our doc- here to make a Constitution, to be submitted to
trine? Have we notbeen for'twenty yeats strug- the people, as the only competent tribunal to
gling against legislative amendments of the Con- breathe life into it, or to change or amend it.
stitution, and demanding a Convention, and yet Let us then perform our proper office-our whole
it is now deliberately proposed to delegate the duty-and not attempt to shift responsibility, or to
very power to the Legislature against which we devolve the people's prerogative upon the Legishave so long, so earnestly, and at last successfully lature.
contended.                                   The gentleman from Queen Anne's had siad,
For one, he here avowed, that regarding the that the firsttwo or three sessions of the legislapeople as possesssing the exclusive right to con- ture, after the adoption of the Constitution,would
trol the organic law, he should never consent to be attended with an unusually great amount of




279
public business, growing out of the necessary recognized as an anti-reformer, and from an antilegislation, to put in proper motion the machine reform county. It was well understood in tbh
of government. He was disposed to admit the larger counties, that the then movement was intruth of the remark, yet he thought, that exigen- tended to put off conventional reform, to defer
cy amply provided for; first, in the fact that the our hopes and expectations of a Convention. In
sixth section of the bill removed all limitation as fact, it was known to be an anti-reform meato the duration of the two first sessions of the leg- sure —hence, the city of Baltimore, and all the
islature, after the ratificationof'the Constitution; large counties, went against it. That was the
and it was further provided, that the Governor reason why that vote-although a majority vote
should have the power to call extra sessions, if of five thousand-was not a reliabie exponent of
the public interest demanded it. Certainly, it public sentiment. Now that we have obtained
was wiser to trust to the capacity of these means a Convention, and have no longer distrust of the
to meet the emergency, to be produced by the movement,' but, one the contrary, every reason to
accumulation of business for the first two or three to reegnise it as a salutary measure of reform
years, under tile new government, than to ven- and retrenchment, the sentiment of the people is
ture upon the extreme measure proposed by the in sympathy with it. For one, as a reformer, it
amendment of conferring upon the legislature the was his theory, never to let go a jot or title of
power of altering the Constitution; and, indeed, a point once gained, but to struggle on for furitiappeared to him, that the very fact urged by  ther acquisition. His friend from.Carroll, (Mr.
the gentleman from Queen Anne's, that the in- Brown,) had asked the gentleman from Dorchescrease of business would not extend over two or ter, (Mr. Phelps,) if he would vote for any Conthree sessions, was an admission, that biennial stitution that was formed by the Convention,
sessions would thereafter amply meet the public thereby meaning to test his sincerity in offering
interests.                                 the proposition for biennial sessions. That genIf, then, the absence of all limitation upon the tleman had answered the question for himself,
two first sessions, as to time, and the power' of with frankness. He would now ask his friend
the Governor to call a special legislature, will from Carroll, to look at the vote of Anne Arunmore than probably meet the exigency for the del county, fifteen hundred majority against bienperiod of two or three years, shall we engraft nial sessions, and apply the same test to that dela principle upon the Constitution which recog- egation-all of whom have supported the amendnizes legislative power over it, and that, too, for ment under consideration, and gone in a body
a'purpose comparatively unimportant?       against biennal sessions. It was a pregnant fact,
He had not intended to say a word upon the that while every other county in the State, gave
subject of annual or biennial sessions, consider- a comparatively short vote, Anne Arundel had
ing that question closed by the decided vote of given fifteen hundred majority against biennial
yesterday, but the remarks of gentlemen on sessions. He repeated, it:was a pregnant fact,
that subject, he could not permit to pass in si- and he would make no comment upon it. Such
lence.                                     was, nevertheless, the infirmity of human nature,
The honorable gentleman from Prince George's, that people would vote according to their inter(Mr. Tuck,) had produced the returns of the ests, and if the power was given to the Legislaelection held, by which biennial sessions of the ture, to say whether that body should meet anlegislature was adopted; and had argued from the nual or biennially, a considerable portion of
meagre vote then polled, that the presumption  every session would be employed in the discuswas fair, that it was not a reliable exponent of sion of that question, and the influences-local
the popular sentiment-the vote being some twen- influences-surrounding the body, would  be
ty thousand short. He had also analysed the strung to their utmost capacity; and past experivote, and shown that some of the western coun- ence, and a very superficial knowledge'of human
ties, which were now loudest in favor of biennial nature, indicates very clearly, that annual sessessions, were then against it, including Balti- sions wouldsoon become the fixed law. His friend
more county, which cast a majority of one hun- from Carroll, had misconceived the meaning of
dred and thirty votes against the law'. He would the terms "frequent elections," as used illn the
not stop to vindicate the silent votes, or twenty bill of rights. The political doctrine meant to
thousand absentees from the polls, from the in- be affirmed by that sentiment, was inseparable
ference drawn by the gentleman from Prince from all freegovernment. Itwasproclaimed by
George's, that if they had voted, the result might our forefathers, in view of the long duration of
have been against biennial session. It was parliament, without a return of the delegated
equally fair to presume the reverse-it might power to the people. The direct accountability
have swelled the majority. Such inquiry was of public servants, and frequent returns of the
entirely speculative; but he would say, that he political power to the constituency, gives an opdid not regard that vote as a reliable expression portunity for change in office, when the people
of public opinion, for another and a very differ- require it. It does not follow that elections
ent reason.  The biennial session bill was, should be annual, if the accountability exists,
in the first place, a legislative amendment to' the and may be enforced by the public within reasonConstitution, and was objectionable to Conven- able periods, so as not to postpone the right to,
tional reformers as such.                  change officers to too great a distance from the
In the second place, it was originated by the appointing power.
gentleman from Dorchester, (Mr. Phelps,) whose  He concluded by stating, that for the reasons
motive was well known. He had always been he had assigned, he should vote against the




280
amendment of the gentleman from Queen Anne. what he had before said as to the fifty-ninth arti.
If it had been offered in a different form, as a cle.
separate provision, to be separately submitted to  Mr. BUCHANAN said:
the people, and at a different time, he should
have hesitated to oppose it, but as a part of the  He was heartily sick of the protracted discusConstitution to be voted upon as an entirety, he Sion. He only desired to ask his friend from
could not go for it.                     Queen Anne's, if he would modify his amendment
could not go ~for it.           ^ment so as to limit the duration of session to one
Mr. SPENCER was much surprised at the course half the time now occupied. Of the various arof remarks made by the gentleman, (Mr. Ridge- guments which had been made against annual
ly,) from Baltimore county. What change was sessions, he had never yet heard any man speak
there in his proposition? And what in it, that against them, either on the ground of their multhe reform party of Maryland had ever opposed? tiplying legislative business, or avoiding it. When
Had they ever taken ground that it was danger- the biennial bill was before the people, the disous to trust the Legislature with questions which cussion as to its propriety or impropriety turned,
were essential to the protection of the interests in a measure, on the question of finance. It was
of the people? For what purpose was the Le- now brought forward as an argument against the
gislature created? Is it not intended to represent annual system, that it led to so much legislation
the people and to provide laws to promote their that the people would never return to it. That
happiness, and to meet their necessities 7 The might serve for an argument, but it was his opincomplaint of the reform party was, that the Le- ion that the people would prefer annual sessions,
gislature had heretofore failed to perform this if they could have two annual sessions at no
duty. They would neither pass the necessary greater cost than one biennial session. This was
laws to reform the abuses of the Government, the aim of his suggestion to his friend from Queen
nor provide for a Convention, to enable the peo- Anne's.
pie to do it themselves. For years the people  What had experience taught us? Theexhad invoked the Legislature to discharge their     of a legislative session have been about
duty and to call a Convention. But it was for a pe 0s   e  ishe to ivie t         ato
long time in vain. The call was made-what #56,000. He wished to divide this sum, so as to
make it sufficient for two sessions, by reducing
reformer will venture to say that the Legislature the duration of each session, one half. As much
is not to be trusted with a power, eminently pro- work could be done in thirty-five days, by an intective of the rights of the people.        dustrious legislature, as in twice that period by
Mr. RIDGELY interposed. Under its existing one of an opposite character. The people will be
basis, the Legislature would always be distrusted. satisfied with annualsessions when they see the
Mr. SPENCER replied that it was the basis expenses so restricted, as that two of these seswhich was distrusted and not the Legislature. sions could be held at no greater expense than
Where did the gentleman from Baltimore county one biennial session.
get his construction of the doctrine of the reform  Mr. SPENCER then (accepting the suggestion of
party? Now, he (Mr. S.,)had always beeniden- Mr. BUCHANAN,) modified his amendment by
tified with the reform party. If he had ever ad- adding the words, "which shall not continue in
vocated a power in the Constitution to take away session longer than forty days."
the rights of the people, then the gentleman might  e          o,   r   
have taken exception to his course. Instead of  The amendment as modified, read as follows:
doing this, his proposition enlarged the rights of  "But the legislature shall have the rightto prothe people. Was that antirepublican? If so, vide by law, for annual elections of delegates to
he would only say that he must have studied in the General Assembly, and for annual sessions
the republican school in vain. He examined the of the legislature, which shall not continue in
construction put by the gentleman from Baltimore session longer than forty days."
county on his amendment as authorising the Le-  Mr. PHELPS would not have risen to say a
gislature to extend their sessions as they might word, but for what had fallen from the gentlesee fit. The gentleman from Baltimore county manfrom Queen Anne's, as to the effect of the
said that no person acquainted with human na- diminution of the term of the session.
ture would give this power to the Legislature,  Mr. SPENCER interposed and suggested, that,
because he would know that the feelings of mem- as he wished to have a full attendance when the
bers would lead them to vacillate between annual, vote on his amendment was taken, he would sugor alternate biennial and annual sessions. He gest to the gentleman from  Dorchester, (Mr.
could tell that gentleman, that any member who Phelps,) to give way for a motion, that there be
would take that course would commit political a call of the Convention. The gentleman could
suicide.                                    conclude his remarks after the call had been
Mr. RIDGELY said he had confined his views made.
to the etfect of the amendment. He intended   Mr. PHELPS, acceeding to the suggestion,
nothing personal.                           yielded the floor.
Mr. SPENCER did not suppose that there was  Mr. SPENCER moved that there be a call of the
any thing intended of a personal character. But Convention; and
his feelings were wounded when he heard a gen-  It was ordered.
tieman so respectable, as the gentleman from  The roll was called.
Baltimore, express himself so strongly with re-  On the motion of
ference to his amendment. He then reiterated  Mr. SPENCER, the doorkeeper was sent to re



281
quest the attendance of members, who might be circulated and discussed freely, and orators took
in the city, but were not in their seats.   the stump for and against it. Great efforts were
In the mean time,                          made to defeat the bill, on the ground that it was
Mr. PHELPS resumed. If the House   as premerely a tub thrown to the whale. It was bepar       ed to voteon  the proposition now he was pre- lieved by many that it was intended only to defeat
pared to vote on the proposition now. he was pre- ^  ^  ^  J  ^  ^   ^ Convention. Yet,
pared to vote; but, as there must be some time, the effort to get up this Reform Convention. Yet,
allowed for the call of the House, he would avail notwithstanding these efforts to prejudice the puballowed for the call of thelic mind against the bill, it obtained a large mahimself of the opportunity to make a few remarks, jority in the State.
particularly as to that branch of the amendment  y    e   ae.
which imposes a limitation of the session to forty  Further proceedings on the allof the Coven
days. It sometimes happens that very little busi- tionwere then dispensed with.
ness can be matured in forty days. The election  The question hen recurred on the modified
of a speaker and the officers frequently consumes amendment of Mr. SPENCER.
much time; and then the Speaker must have an   Mr. S. asked the yeas and nays, which were
opportunity to becomeacquainted with the mem- ordered and being taken, resulted as follows:
bers, before he can-appoint the committees, after.ffirmative-Messrs. Tuck, President, pro tern.,
which a considerable period must elapse before Morgan, Donaldson, Dorsey, Wells, Randall,
the committees can mature the business and re- Kent, Sellnan, Merrick, Buchanan, Welch,
port to the House. This objection then, must Chambers, of Cecil, Miller, Sprigg, Spencer,
be fatal to the proposition to limit the session to George, Wright, Shriver, Biser, McHenry,
forty days. With reference to the expenses, he Gwinn, Presstman, Ware,  Anderson, Parke,
would state, that the itinerant charges of the ses- Shower, Cookey and Brown —28
sion, amount to about $5)00; and if annual ses-'egativ — Mssrs.  Ricaud, Chambers ef Klet,
sions should be determined on, this would be an Mitchell, Dalrytpl, Brest, ef Charles, Noward,
annual instead of a biennial charge. The objec- idgely, Lloyd, Diinson, Sherwood, of Talbot,
tion, therefore, to the annual sessions, would not John Dennis, Williams, Hicks, Hodson, Phelps,
be obviated by diminishing the length of the ses- Bowling,  rickson, Hearn, Jacobs, Thomas,
sion. The gentleman fromn Anne Arundel thought Gaither, Annan, Stephenson, Magraw, Nelson,
this power to call the Legislature together was a Carter, Stewart, of Caroline, Brent, of Baltidangerous power to place in the hands of the more city, Schley,Fiery, NeillJohn Newcomer,
Governor, but there is not a single State in the Harbine, Michael Newcomer, Brewer, Waters,
Union in which it is not conferred on the Execu- Weber, Hollyday, Fitzpatrjck and Smith-40.
tive. If war was to be declared against us, or if  So the amendment was rejected.
some great insult should demand instant reprisal,.Mr. SPENCER. I now offer the last of the seror any sudden financial exigency should occur, ries of amendments, which I intend to offer on
he asked, should not the Governor have power to this subject.
assemble the Legislature?                     The amendment was read as follows:
Mr. RANDALL explained that he was speaking. Add to the end of the section, the follow pro.
as between the Governor and the Legislature, vis: 
and had then said he thought it would be better  Proided That the judges of elections in each
in the hands of the Legislature than in the Gov- county and city, when this Constitution shall be
*rnor.                                      submitted to the people for their ratification,
Mr. PHELPS resumed. We all know that the shall put the question distinctly to each voter:
Mr. PHELPS resumed. We all know that the,' f       of annual or biennial sessions
Governor has the power to call an extra session.  re yogislature of and the said judges shall reBut if the usual length of the sessions is to be of the Legislature?" and the said judges shall reshortened to one half, the greater part of that cold separately on their poll books the answer of
shortened to one half, the greater part of that each voter to the said question; of which they
will be consumed in discussing whether the Le-  hall make return in the same manner as pregislature shall sit annually or biennially; and scribed by law, to ascertain the enof the peoforty days might easily be wasted in such a dis-atifiationofsaid            tution  And
cussion. It was urged by the gentleman from 
cif a majority of the legal voters in the State
Queen Anne that the Legislature would require should be in favor of annual sessions, the at the
some additional time to carry out the general next meeting of the Legislature, after the ratifiprinciples established by the Constitution in Le- netion of thi  ot    e Legislature shall
cation of this Constitution, the Legislature shall
gislative details. In reply to this, he reminded provide by law for annual elections of Delegates
the gentleman from Queen Anne that there was to the General Assembly, and for annual sessions
now a section in the Constitution which gave the  Leglature"
Legislature power to prolong its sessions, for this o 
purpose, to six months, or nine months, or twelve  The amendment having been read,
months, or even two years. If new men, fresh  Mr. SPENCER demanded the previous question,
fromthe people, were sent here everytwo years, but withdrew it at the request of Mr. PRESsTthey would be quite as competent to make such MAN,
laws, asto enact all other laws  The gentleman  Mr. PRESSTMAN rose and stated, that he had up
from Prince George's, (Mr. Tuck,) said that to this time voted for all the amendments which
public sentiment was not disturbed in his county had been offered, with a view to defeat the bienby the biennial question. Whatever it may have nial provision. He did' not wish the House to
been in Prince George, he could say that in most understand him, as seeking to avoid the mainr
of the counties of the State th& biennial bill was question, from any other motive; and it would be
36




282
a change of front in him, if he did not vote for words in reply to the remarks of the gentleman
any one of these amendments. It was clear, from Queen Anne, (Mr. Spencer,) who had, unhowever, that there was too great a majority in intentionally, no doubt, misstated his, (Mr. R.'s)
the House, who were resolutely opposed to an- position.
nual sessions, to be defeated in their object by  Mr. SHOWER declined to withdraw.
any parliamentary management. With this im-  The question was then taken on the demand
pression, he had risen to request his friend from  for the previous question, and by ayes 31, noes
Queen Anne, to disband the little army which 26, there was a second.
had thus far stood by him, in all his efforts. His  And the main question, (on the amendment of
friend from Queen Anne, had exhausted all the Mr. Spencer,) was ordered to be now taken.
tactics which could be expected from the leader  Mr. MITCHELL asked the yeas and nays on the
of a forlorn hope. For his part, hewas now wil- amendment, which were ordered, and being
ling to give the battle up. The amendment now  taken, resulted as follows:
offered by his friend from Queen Anne, was   Affirmative-Messrs. Tuck, President, pro tern.,
nearly the same as the one which had been of- Morgan, Donaldson, Dorsey, Wells, Randall,
feied by the gentleman from Harford, (Mr. Mc- Kent, Sellman, Merrick, Buchanan, Welch,
Henry,) for which he, (Mr. P.,) had voted. He Chambers, of Cecil, Miller, Sprigg, Spencer,
thought it would be very embarrassing to the George, Wright, Shriver, Biser, Stephenson,
people, if they are required to vote at the polls, McHenry, Magraw, Nelson, Stewart, of Caroline,
not only for the Constitution as a whole, but on Gwinn, Brent, of Baltimore city, Presstman,
this biennial provision, also, in a separate vote. Ware, Brewer, Anderson, Weber, Hollyday,
He had promised his friend from Queen Anne to Fitzpatrick, Parke, Shower, Cockey and Brown
renew the call for the previous question.  -37.
Mr. SPENCER withdrew the previous question,.Negative-Messrs. Ricaud,Chambers, of Kent,
and said he disclaimed any intention to make a Mitchell, Dalrymple,Brent, of Charles, Howard,
speech. He could not, however, avoid express- Ridgely, Lloyd, Dickinson, Sherwood, of Talbot,
ing his surprise, at the course of the gentleman John Dennis, Williams, Hicks, Hodson, Phelps,
from Baltimore. When that gentleman spokeof Bowling, Dirickson, Hearn, Jacobs, Thomas,
an army against biennial sessions, he made a Gaither, Annan, Carter, Schley, Fiery, Neill,
great mistake. He would tell that gentleman, John Newcomer, Harbine, Michael Newcomer,
that he was in favor of the biennial system. If and Smith-30.
the gentleman from Baltimore was inclined to  So the amendment was adopted.
withdraw, there were other gentleman who were  Mr. DIRICKSON gave notice of his intention, at
coming in to join him. The gentleman from  the first opportunity, when there should be a full
Baltimore county, (Mr. Ridgely,) had said, that Convention, to move a reconsideration of the
if the proposition was put in a shape to be sepa- vote on the amendment just adopted.
rately presented to the people for their vote, he  Mr. SPENCER moved to amend the amendment
would be willing to go for it. Others round him  by adding the words "which shall not exceed
had said the same. The amendment he had now  forty days."
offered, differed from that submitted by the gen-  A motion was made that the Convention adtleman from Harford. The proposition offered journ.
by the gentleman from Harford, was to hold over  The Convention refused to adjourn.
the reference of this question to the people, until  Mr. JOHN NEWCOMER moved to amend Mr.
the next election after the adoption of the Con- SPENCER'S amendment, by striking out "forty,"
stitution. But if the gentleman from Harford and inserting "thirty" days.
preferred his own amendment, and would move  Mr. BROWN called for a division of the quesa reconsideration of the vote by which it was re- tion, (first on striking out forty,) which was
jected, and would amend it, he, (Mr. S.,) would ordered.
withdraw his amendment. We are framing a     Mr. DIRICKSON asked the yeas and nays, which
Constitution which is to be submitted to the peo- were ordered, and being taken, resulted as folple. The people having once passedonthe ques- lows:
tion of biennial sessions, there are some gentle-  Affirmative-Messrs. Ricaud, Chambers, of
men here who are unwilling to vote against the Kent, Mitchell, Dalrymple, Lloyd, Dickinson,
judgment of the people. But, he believed, there John Dennis, Williams, Hicks, Hodson, Phelps,
was no gentleman here, who is not willing to let Bowling, Dirickson, Jacobs, Gaither, Biser, Anthi3 question be specifically put to the people. He nan, McHenry; Schley, Fiery, Neill, John Newreferred to the various objections which had been comer, Harbine, Michael Newcomer, Waters,
made, and suggested that the mode presented by Hollyday, Fitzpatrick and Smith-28.
the amendment would obviate them all. It should.Negative-Messrs. Tuck, President, pro tem.,
be borne in mind that there is no reservation by Morgan, Donaldson, Dorsey, Wells, Randall,
which the Legislature can hereafter change the Kent, Sellman, Merrick, Howard, Buchanan,
sessions. If a majority of the people are in favor Sherwood, of Talbot,Chambers, of Cecil, Sprigg,
of bienninl or annual sessions, who will oppose Spencer, George, Wright, Thomas, Shriver,
their will?                                Stephenson, Magraw, Nelson, Carter, Stewart,
Mr. SHOWER demanded the previous ques- of Caroline, Gwinn, Brent, of Baltimore city,
tion.                                      Presstman, Ware, Davis, Brewer, Anderson,
Mr. RIDGELy requested him to withdraw the Weber, Parke, Shower, Cockey and Brown-36.
demand, to enable him, (Mr. R.,) to say a few  So the motion to strike out was rejected.




283
The question then recurred on the amendment ment, the interests of the State required it; and
of Mr. SPENCER.                            that in each county, Howard district and the city
The yeas and nays were asked and refused.  of Baltimore, respectively, the legal voters should
The question was then taken, and by ayes 32, elect a Prosecuting Attorney for the term of
noes 21, the amendment was adopted.        three years.
Mr. DONALDSON moved to amend the second    The report was read, as follows:
section, (the object of which was to make the                REPORT.
elections uniform.)
Mr. D. explained, that his object in offering  Section 1st. The Governor shall have power to
this amendment was to make the elections uni- employ counsel for the State, when in his judgform. Now they will occur, some in one year, ment the public interest requires it; and make
and some in two years, after the adoption of the suitable compensation from the contingent fund
Constitution. He desired to concentrate all the placed at his disposal.
elections, so as to save expense, which would de-  Sec. 2ntd. There shall be an Attorney for the
feat the object of biennial elections. It would State of Maryland in each county, Howard disbe necessary that the first delegates elected, trict and the city of Baltimore, respectively, to
should be for one year. The Senate would hold be styled " the Prosecuting Attorney," who shall
on. In the year 1852, the new House of Dele- be elected by the plurality vote of the qualified
gates would meet; and then the elections after- voters of each county, Howard district and the
wards, would be every two years. In this way city of Baltimore; and who shall hold his office
the elections would all take place together, and for three years from the day of his election, and
there would be a considerable saving of ex- until his successor be elected and qualified; and
pense.                                     shall be re-eligible thereto, and be subject to reMr. PRESSTMAN said, that as this was a ques- moval from office for disqualification, wilful netion which would lead to long discussion, he glect of duty, or misdemeanor in office, by prewould like to have it postponed until we get on sentment of the Grand Jury, and conviction of a
the subject of biennial sessions. If the proposi- Petit Jury of the county, Howard District or city
tion should be amended too much, it might be of Baltimore, in which he shall have been electbroken down. It is the last straw which breaks ed.
the camel's back. Rather than endanger the   Sec. 3rd. The fees and commissions to the
amendment, if the gentleman from Anne Arun- Prosecuting Attorney shall be the same, as now
del was a friend of the annual system, he had bet- by law, allowed to the Attorney General and his
ter withdraw his proposition for the present.  Deputies, subject to such change, from time to
Mr. DONALDSON then withdrew his amend- time, as the legislature shall provide; and to rement, indicating that he would hereafter offer it ceive any other fee or reward than such as is alin another form.                           lowed by law, shall be, upon conviction, suffiAnd then the Convention adjourned.        cient cause for removal from office.
Sec. 4th. That in case of vacancy in the office
of Prosecuting Attorney, by death, resignation,
refusal to act, disqualification, removal from the
county, Howard district, or city of Baltimore,
in which he shall have been elected, or upon
SATURDAY, February 15,1851.      conviction, as hereinbefore specified, the said
The PEESIDENT of the Convention resumed the vacancy shall be filled by the Judge or Judges of
duties of Chair this day.                  the court having criminal jurisdiction in the
The Convention was called to order by the county, Howard district, or city of Baltimore
PRESIDENT at eleven o'clock.                respectively, in which said vacancy shall happen,
Prayer was made by the Rev. Mr. GRAUFF.   until the next general election thereafter, when
The roll of the members was called.       the plurality vote of the qualified voters of the
The Journal of yesterday was read, and having county, Howard district or the city of Baltimore,
The Journal of yesterday was read, and having  eh said vacancy shall occur, shall elect a
been so amended as to state the fact that the in which said vacancy shiall occur, shall elect a
been so amended as to state the fact that the suitable person for the residue of the term thus
previous question, called by Mr. Spencer on his suitable person for the residue of the term thus
amendment, had been withdrawn by him, and made vacant.
that it had then been called by Mr. SHOWER,   Sec. 5th. No person shall be eligible to the ofthat it had then been called by Mr. SHOWER,  ^^ prosecuting Attorney, who has not been
was appended.                               fice of Prosecuting Attorney, who has not been
admitted to practice the law in this State, and
OFFICE OF THE ATTORNEY GENERAL, ETC.    who has not resided for at least one year in the
county, Howard district, or the city of Baltimore,
Mr. SHRIVER, Chairman of the Committee here- in which he may be a candidate for election.
tofore appointed on the office of Attorney Gene-  Sec. 6th. All elections for Prosecuting Attorral and his Deputies, said he was instructed to neys, shall be certified to, and returns made theremake a report.                              of by the clerks of the respective counties, HowIn presenting it, Mr. G. stated, that the com- ard district, and the city of Baltimore, to the
mittee were unanimously of opinion, that the of- Judge or Judges of the court having criminal jufice of Attorney General and the present mode risdiction in said counties, Howard district, and
of appointing Deputies,, should be abolished, and the city of Baltimore, and by whom the oath of
that, in lieu thereof, the Governor should be em- office shall be administered.
powered to employ counsel, when, in his judg-  Sec. 7th. The election of Prosecuting Attorneys




284
shall take place througout the State, on the first the chairman of the committee would take the
Wednesday of October next, and on the same usual course. It was utterly impossible to unday every third year thereafter; and in case of a derstand reports which were read from  the
tie between two or more persons for said office, clerk's table, owing to the confusion in the
then, the Judge or Judges of the court having Hall.
criminal jurisdiction in the county, Howard dis-  He, [Mr. S.,] preferred that the gentlemen
trict, or city of Baltimore, in which said tie may should hand in their reports, and that they should
happen, shall designate which of said persons be printed. They could then be read and unshall qualify as Prosecuting Attorney.     derstood by the members. The question was a
On motion of Mr. SHRIvER, the report was or- very important one, and this, he thought, woald
dered to be printed,                       be the best course that could be adopted.
BASIS OF REPRESENTATION.           Mr. CHAMBERS, of Kent, now took his seat.
Mr. MERRICK said that it was his intention  Mr. HOWARD, speaking for the other member,
this morning to have made a report from the com- (alluded to by Mr. MEaRtcc,) and who was not
mittee on representation. He desired, howeverat the moment in his seat,(Mr. Lloyd,) suggested
when he made it, that the other members of the that Mr. MERRICK should make hs report.
committee should be present. He thought it   Mr. MERRICK, acquiescing in the suggestiot,
was the intention of two or three of them to said,he would present his report at this timemake independent reports. He should be glad prefacing it with the remark that, after long and
to make his own sometime in the course of to- anxious deliberation, and comparison of views
day, but should prefer delaying it until the other and arguments, the committee had found it immembers of the committee should be in their possible to concur by a majority, in any plan
seats.                                     whatsoever. Aware of the difficulties which
The mode in which the report came in was would embarrass the Convention, if they should
somewhat peculiar, and for this reason he pre- come before it without some scheme as a basis
ferred that it should be mrade in the presence of of action, and should ask to be discharged from
the other members of the committee. He would the further consideration of the subject, the comsuggest, therefore, that if they should not be in mittee had authorised him, as their too much
their seats before the Convention passed to the honored chairman, to present a report which
orders of the day, he should be allowed, at some embodied simply his own views.
period of the sitting, to move to suspend business,  But, it came in, he repeated, by the permisin order that the report might be presented.  sion and under the authority of the committee.
Mr. HOWARD said he hoped that the Conven- At the same time, he was bound to say, that
tion would accord to the Chairman of the com- each and every member of the committee, (exmittee, (Mr. Merrick,) the privilege making his cept himself,) had reserved to themselves the
report in the manner suggested. The committee privilege of adhering to their several and respechad had frequent meetings, and had at last agreed tive views and opinions, and had directed him to
to bring the subject matter of their deliberations say, that they desired the Convention not to hold
before the Convention in a very imperfect shape, them committed, individually or collectively, to
because it was the only mode in which the com- any of the principles or details of the report,
mittee could accomplish the object. But it was And it was solely for the purpose of bringing the
an important mode. There were two minority subject in an orderly and regular manner, before
reports, besides a partial reportof his own, which, the Convention, that the committee had authorwith that of the Chairman of the committee, ised this report to be made,
would make four reports altogether.          The report which he tno presented, varied
The PRESIDENT suggested that the Convention from the scheme which hehimself, had formerly
would, without doubt, grant to the gentleman the submitted, and had had referred to the commitprivilege of making his report at any time dur. tee on representation. But it varied only in this
mg the day.                                respect-that, upon further reflection, he had
Mr. MERRICK. The report which it is my in- thought it would be well to provide for the repree
tention to make, is not a report in which the sentation of fractions in sundry counties. [Mr,
committee, as a committee, concur. It is a re- M. explained.]
port whichI I, as chairman, shall make by the i  The result in the several counties varied from
permission and authority of the committee —they  the result anticipated in the project and tables he
having reserved the right to act upon it as they  had before submitted. This was attributable to
please.                                    the difference in what it was supposed would be,
It is only for the purpose of bringing the ques- and what were now known to be the census re.
tion before the Convention, according to the usu- trns.
al forms, that the report will be made.Mr. M. now read the report as follows:
Mr. SMITH could not see any good reason, he 
why the regular business of the Convention              REORT.
A be interrupted for the purpose of receiv.!  Section 1. The legislature shall be formed of
his report.
h gentle                              two distinct branches, a Senate and a House of
o gentleman fromadearles, (Mr. Merrick, iDelegates, which together shall be a complete
now present his,report, and the minority legislature, and shall be styled the General Asts could be made whenever the gentlemen  gembly of Maryland.
present. In the meantime, the report of., e.. The House cof Pe..egates shall. con.ist




285
of members to be chosen annually on the first gate shall be allowed to the county or city havWednesday of the month of October, by the ing such fraction.
voters of the several counties of the State, and  Sec. 3. The Senate shall consist of twenty-two
of the city of Baltimore, according to the num- senators, to be elected every fourth year, aLt the
ber of the population of each of said counties time, places and in the manner prescribed for the
and of the said city of Baltimore, and in confer election of members of the House of Dele gates;
mity with the following rule: That is to say, each one senator to be chosen by the voters of each
of said counties and the city aforesaid, shall elect county in the State, and two by the voters of th'e
one Delegate for every four thousand souls it city of Baltimore; but for this purpose th e sa'id
may contain up to twenty thousand, and for any city of Baltimore, shall be divided or laid off as
excess in the number of population in any of said nearly as may be, into two equal senatorial d. iscounties, or in the city of Baltimore, above tricts, each of which districts shall sepacate ly
twenty thousand, and of not less than eight thou- elect one senator; and the said city of Baltim  re
sand, there shall be allowed to each county or shall also be laid off into nine equal electoral d iscity having such excess, one additional delegate; tricts, for the purpose of electing members oTt he
and for any excess of population in any of the House of Delegates, and each of said electl cal
counties or city aforesaid, above twenty eight districts shall separately elect one delegate —  nd
thousand, and of not less than sixteen thousand, it shall be competent for the legislature at t  eir
one other additional delegate shall be allowed to first session after the authoritative promulgtA ion
each of the counties or to the city having such of each decenial census of the people of  the
ex-cess; and so on, duplicating the number of United States, or whenever the said city sh all,
souls required to be in excess above last the by the further increase of her population, be%.me
num.ber upon which an additional delegate was entitled according to the basis of representt.ion
allow ed, for the allowance of each further addi- now fixed, to one or more additional deleg, tes,
tional delegate, to which by such duplicating ra- to provide for re-arranging said electoral  distio, any of the counties or the city of Baltimore, tricts or creating others, for the purpose of such
may be etitled for the whole number of its pop- election; but it shall not be competent foi the
ulation, an,d for any fractional number of inhabi- legislature to alter or disturb the arrangemrs it of
tants in any county or in the city of Baltimore, said districts for any other purpose, nor upoI  any
less than sufntcient to entitle the county or city, other occasion, nor to make the number of said
to an additional delegate, according to the districts less than the number of delegates t o be
aforegoing rule, and greater than one-half the elected from said city; and the legislature  shall
highest number uaoon which, according to said have power at the same decenial periods to: alter,
rule, delegates or an additional delegate is al- for the purpose of equalizing, the senatorial dislowed to said county or city, one additional dele- tricts of said city, but at no other time.
TABLE
Showing the Population of Maryland, and the number of Delegates to which each County in the Sta te and
the City of Baltimore will be entitled, according to the principles of this Report:
COUNTIES,                White     Free    Total   Slaves   Grand Numb(,r of
COUNTIES,  c.    Population. Colored. Free e      s Total. Dele      ates.
Allegany..                    21,643     412   22,055     724    22,779     6
Anne Arundel.....     16,542    4,602  21,144   11,249  32,249      6
Baltimore City....        141,440   24,668  166,018   2,946  169,054     9
Baltimore County..       34,354    3,474  37,828    3,771   41,b99     7
Carroll....            18,676     963   19,639     976   20,615      5
Caroline.....        6,096    2,788   8,884     808    9,692      c
Calvert......      3,630    1,530   5,160    4,486   9,646       2
Cecil......       15,482    2,612  18,094     843   18,937       5
Charles......             5,665     913    6,578    9,564  16,162 
Dorchester...             10,788   3,803   14,591   4,281   18,872       5
Frederick.....           33,300   3,771   37,071    3,912  40,938'7
Harford......      14,414   2,778   17,192   2,166   19,358.5
Kent.....          5,615   3,144    8,759   2,627   11,386      3
Montgomery.....       9,435    1,311  10,746   5,114   15,860      4
Prince George.....      8,902    1,138  10,040   11,510  21,550.
Queen Anne....             7,040   3,174   10,214   4,270   14,484      4
S: Mary's......             6,226   1,630    7,856   5,842   13,698      3
Sorerset.....     13,417   3,455   16,872   5,588   22,460      6
Talbot.....             7,085   2,592    9,677   4,134   13,811      3
Washington.....    26,888    1,852   28,740   2,090   30,830      6
Worceste......         12,401   3,012   15,413   3,434   18,847      5
Total.....          419,039  73,622  492,661  90,355  583,016    1D2




286
Mr. BUCHANAN. Whatwill be the whole num- each of the counties and city of Baltimore shall
ber of which the House of Delegates will be be entitled to one delegate.
composed?                                   Sec. 3d. If in any of the said counties, accordMr. MERRICK. One hundred and two.        ing to the present population thereof, there shall
I had intended, continued Mr. M., to make be over the said ratio of six thousand, a fraction
some general remarks. But the Convention is exceeding three thousand; in that case the said
not full, and I will reserve them to a more appro- counties shall be entitled to a delegate for said
priate occasion.                           fraction.
Mr. THOMAS made a suggestion in regard to                 RESULT:
the form of the report, which led to some conversation between that gentleman, Mr. MERR1CK,  Section 1st. The Senate shall consist of twentyand Mr. HOWARD.                            one members whereof the several counties of
Mr. DIRICKSON enquired of Mr. MERRICK, by the State and the city of Baltimore shall elect
what rule he assigned to Dorchester and Worces- one Senator.
ter five representatives, and to Somerset six?  Sec. 2d. The House of Delegates shall consist
Mr. M. again read that portion of the report of eighty-one members whereof Allegany county
~and explained.                            shall elect four, Anne Arundel county shall elect
Mr. HARBNE rose to state, that as a member five; Baltimore city shall elect twelve; Baltimore
of the committee, the report which had been read county shall elect seven; Carroll county shall
by the Chairman (Mr. Merrick) had not his con- elect three; Caroline county shall elect two; Calcurrence. He was opposed to the ratio of four vert county shall elect two; Charles county shall
thousand, and still more opposed to duplicating elect three; Cecil county shall elect three; Dor.
thousand, and tilleore opposed to duplicating; Frederick counthat ratio for every additional member above chester county shall elect three; Frederick counfive. That would work injustice to the large ty shall elect seven; Harford county shall elect
counties. Again, in reference to the very large; e  county shall elect teors ontory
number of which it was proposed that the House county shall elect three, Prince George's county
of Delegates shall consist, he differed with the shall elect four; Queen Anne's county shall elect
Chairman. Sixty or seventy, at the highest, two; St. Mary's county shall elect two; Somerset
would be amply sufficient. As stated by the hon- county shall elect four; Talbot c ounty shall  elect 
orable Chairman, a majority of the committee two; Washington county shall elect five;J Wewere unable to agree upon any basis, and as a cester county shall elect three members.
matter of courtesy due that gentleman, consent-  Which was read.
ed that he should report his own views, reserv-  Mr. CHAMBERS said:
ing to themselves the right to act as each deemed  He would submit in the form of a minority rebest. No one of the reports now proposed to be port, the views which he held in common with two
made embodied his opinions, or the opinions of a of his colleagues on the committee, (Messrs. Kent
majority of the committee. Having accomplish- and Dennis.) It was the plan adopted in 1836,
ed hit object in rising, he would not now go fur- and then made part of the Constitution, in all rether into the subject.                     spects, except that it adopted the aggregate poThe President announced that the hour had pulation as a basis instead of that of federal numarrive'd for taking up the orders of the day.  bers. By the arrangement of 1836, the present
Mr. HOWARD moved that the consideration of representation was to remain unchanged until
the or ders of the'day be postponed for the purpose after the census of 1860, but this report anticiof disposing of the pending question.      pates the period for its commencement, and propoThia question was taken and decided in the af- ses its adoption at once. The report would show
firrmaive.                                ethe instances in which the fractions exceeded one
So the orders of the day were postponed.  half the number which by the rule adopted would
Mr. LLOYD then rose and said, that he desired, entitle the county to an additional representative,
as a  ember ofYD  then  ommittee to phnt he d redt leaving it without advice, for the House to disas a onember of the committee to present a report; but that as it was not exactly in form, he pose of the question of fractions as it might deem
should hereafter ask leave to withdraw it tempo- proper.
rarily, in order to put it in proper form.   Mr. CHAMBERS, of Kent, a member of the comThe report was received as follows:      mittee, then presented and read the following
report:
RULE OF APPORTIONMENT.
The undersigned, a minority of the committee
Section 1st. The Senate shall be composed of on representation, beg leave to report the followtwenty-one members, for the election whereof, ing as a proper basis, being the same which was
each of the counties of the State and the city of arranged by compromise in 1836, and then made
Baltimore shall be one Senatorial District, and part of the Constitution,'with the exception only
elect one Senator.                         that the plan now proposed is based upon the
Sec. 2d. The House of Delgates shall consist gross amount of population instead of federal
of eighty-one members; until the number of sixty- numbers. The arrangement was designed to go
six delegates be attained, every six thousand in- into effect after the census of 1860. The underhabitants in each of the counties, and the city of signed recommend its adoption at this time as a
Baltimore, shall be entitled to one delegate; and fair adjustment of a subject which this Conventhereafter, twenty-five thousand inhabitants in tion has indicated as one proper for compromise.




287
Every county shall be entitled to elect one Sen- ty having a population of more than thirty-five
ato, and the city of Baltimore shall also be enti- thousand souls shall be entitled to six delegates;
tied to elect one Senator.                   and the city of Baltimore shall be entitled to the
Every county having a population of less than same number of delegates as the county which
fifteen thousand souls shall be entitled to three shall be entitled to the largest representation.
delegates; every county having a population of  The undersigned herewith submit a table showfifteen thousand souls, and less than twenty-five ing the practical operation of the basis they rethousand, shall be entitled to four delegates; commend.               E. F. CHAMBERS,
every county having a population of twenty-fiye                       JAMES KENT,
thousand, and less than thirty-five thousand souls,                  JOHN DENNIS,
shall be entitledto five delegates; and every counCENSUS OF 1860.
7      j    A        Q    |.                              i   lC! ~       t
1 3,38          27     1 5} l ip  ~
U  U     E-~             -~       ~        10           Fl.'Baltimore City. 141,441   24,625  166,066   2,916  169,012 167,830    5   6
2,916 |  19,01/17,3 0! 5: 
Baltimore County  34,222    3,600   37,822   3,767   41,589   40,091   5    6
Carroll...    18,676     963   19,639     976   20,615   20,220   4   4      5,615
Caroline...     6,096   2,788    8,884     808    9,692    9,370   3   3
Calvert..      3,610   1,520    5,130   4,488    9,618    7,824   3   3
Cecil....      15,482   2,612   18,094     843   18,937   18,263   4   4
Charles..     5,665      913    6,578   9,584   16,162   12,329   3   4
Dorchester..    10,788    3,803   14,591   4,282   18,873   17,162   4   4
Frederick..  31,595    3,637   35,232   3,261   38,493  37,188    5   6
Harford...     14,414    2,785  17,199    2,166   19,365  18,498   4    4
Kent...       5,595    3,132    8,730   2,627   11,357   10,608   3   3
Montgomery..      9,435    1,311   10,746   5,114   15,860   13,815   4   4
Prince George's     8,902   1,138   10.040   11,510  21,550   16,946   4   4      6,550
Queen Anne's.      7,040   3,174   10,214    4,271  14,485   12,776   3    3
Saint Mary's.    6,280   1,590    7,870    5,811  13,681   11,359   3    3
Somerset...     13,417   3,453   16,870    5,588  22,458   20,224   4    4     7,458
Talbot....         7,087   2,590    9,677    4,134  13,811   12,158   3    3
Washington..      26,969   1,885   28,854   2,089   30,943   30,108   5    5     5,943
Worcester..    11,824   3,593   15,417    3,453  18,870   17,490   4    4
82   86
Mr. HOWARD requested gentlemen to bear in now send to the Chair, might be at once put on
mind that all the reports looked to a rule. So its passage.
that which he was about to offer comprehended  Mr HOARD, a member of the committee,
a rule, and it is intended that this rule shall   presented a report (in the form of a re
be applied decennially, so as to operate on every soltion), which was resented a report (in the form of a reenumeration of the State under the Census of the solution) which was read and adopted, as f
United States. But the result could not be cor-lws
rect, nor indeed could the rule itself be applied,  Resolved. That the committee on amendments
unless some mode of applying it should be estab- and revision of the Constitution be instructed to
lished. In pointing out a mode there, was a enquire into the expediency of inserting an artidanger of coming in conflict with the duties of cle substantially as follows:
the committee to which will be referred the task  That in the year 1862, and every tenth year
of revising and arranging the articles in the new  thereafter, it shall be the duty of the Governor
Constitution. He had therefore thought it would for the time being, to arrange the representation
be the most advisable course merely to submit to in the House of Delegates, according to the ratio
the Convention a resolution to inquire into the adopted by this Convention, and to declare by
expediency of adopting some mode. This reso- Proclamation, the number of Delegates to which
lution might be sent to the committee on revising each county and city may be entitled according
the Constitution, and thus the danger of any con- to the new census of the United States. And in
flict of views would be avoided. He hoped, said Proclamation, he shallalso invite the people
therefore, that the resolution which he would of the State, to vote on a day therein to be na



288
med, whether or not they desire to hold a Con-  All these proceedings had reference to the mo,
vention for the purpose of altering the Constitu- tion of which Mr. DIRICKSON had given notice,
tion. And in case a majority of those who vote, to move a reconsideration of the vote on the
shall desire that a Convention according to the amendment of Mr. SPENCER yesterday, by which
new basis of Representation, the Governor shall the question of annual or biennial sessions was
take the same steps to organize the Convention, to be submitted to the people.
which were followed as to the present.       The doorkeeper was still out on his cruiseAll the said reports were ordered to be printed. when
There was now no question before the Con-   Mr. SPENCER moved, that all further proceedvention.                                   ings on the call be dispensed with.
Mr. PRESSTMAN put an inquiry to Mr. CHAMB-  Ordered accordingly.
eRS, of Kent, as to the rule upon which Mr. C.  The Convention then got steerage-way on,,had[ made his report-and some long explana- once mere;
tions, partly personal, followed, under the leave  And the PRESIDENT announced the recurring
of the Convention. [These remarks will be given question, to be on the adoption of the second seclhereafter.]                               tion, as amended.
After which,                                Mr. THOMAS said:
On motion of Mr. ME:RR1CK,-               He desired to ascertain the sense of the House,'The Convention proceeded to the orders of whether it will sanction this section as it has now
thle day.                                   been amended. If the House should be disposed to do that, a motion to reconsider the vote by
THE LEGISLATIYV  DEPARTnMENT.       which it had been amended would be useless.
The Convention resume d the consideration of That was his view. He had but few words to
the report of the committee on the legislative say in opposition to the section.
d~eplartmene~z~t.                            He wished to call attention to the conflicting
statements of the state of the public sentiment on
BIENNIAL SESSIONS.             this subject. If it was true that public opinion
would now sanction annual sessions, he had not
The pending question was on the adoption of that conclusive evidence of the fact, which would
the second section of the report as amended.  induce him to vote against their already expressMr. SPENCER said, th at very few members ed opinion.,were in the Hall, but tb tat there were more in  No man had a higher respect for public sentithecity, and he moved a call of the Cenven- ment than he had; but he could not shape his
tion.                                        course here, exclusively with a view to it. If he
Aicall was ordered; anm i                  was made sensible that public sentiment required
The roll of the member s was called.      him to pursue a course against the dictates of his
The'doorkeeper was th en sent to request the judgment, that might drive him from public life,
attendance of absent mem bers.              and send him into retirement for the residue of
Whilst the doorkeeper'was absent on his ex- his days, but it could never induce him to give
plorilg expedition, (the- Convention not being a vote against the dictates of his conscience. Such
mn;acondition,ad interim,, to proceed with the busi- would always be his course. When before the
ness before it,) along and desultory debate took people for election, he had always stated his
place on several points of older. They did not opinions with all candor and freedom, and had
result in any formal decisi on made, or appeal then left it to the people to say whether they
taken-but in reply to an inqu iry by        would elect him or not. But when the election
Mr. DIRICKSON, as to the construction to be was over, and he had taken his seat in the legisgiven to that portion of the twenty-first rule, lature, he would then have information to influwhich provides that a motion to reconsider, be- ence his course, which the people at the polls
ing once put and lost, "shall n ot be renewed, have not, and which he had not, previous to his
nor shall any subject be a seconc' time reconsid- election, and by that information he had heretoered, without the consent of the C onvention."  fore been, and wonld now be governed. With
The PRESIDENT intimated his o pinion to be, these views, he desired to frame a Constithat the words "without the consen t of the Con- tution himself, and not to transfer that work to
vention," implied, without the coast'nt of a ma- others.
jority of the Convention."                    In this Convention, we are divided into two
Mr. THOMAs also desired the opinion of the parties-not whig and democratic, but into rechair upon this point, whether, if the st'cond sec' formers and anti-reformers. There are men in
tion, as amended, should be rejected, auy mem- this body who were always opposed to the idea
ber might move to insert the second sect ion as it of a Convention, and who in the legislature,
would stand without the amendment of Mr. voted against the law by authority of which this
SPENCER.                                    Convention was called. He would askof them
The PRESIDENT replied, that, if the sectio.n, as whether there must not be a compromise of views
amended, should be rejected, it would be con.pe- that we may stand together here, to make a Content for the Convention to entertain anoti er stitution. And when it comes to be submitted
amendment, but that the chair could not decide to the people, our friends must be induced to
whether the amendment would bie in order, untiil march up to the polls in an unbroken phalanx
its precise character was known.            for the purpose of sustaining us in our action in




289
this body. It was his great object to produce vention second the demand for the previous quesharmony here, and final action on every part of tion," and was decided in the negative, as folthe Constitution.                          lows:
If we cannot effect any thing here by compro-  ffirnmative-Messrs. Dalrymple, Buchanan,
mise, the result will be to send the Constitution Welch, Dickinson. Phelps, Hearn, Annan, Steto the people at the polls piece-meal. If we take phenson,Nelson, Schley, Fiery, Neill,John Newthe sense of the people on this one article, comer, Harbine, Michael Newcomer, Brewer,
he feared we would follow this evil exam- Parke and Cockey-18.
pie on other parts of the Constitution. But if  Negative-Messrs. Chapman, President, Morwe will take the proper responsibility by finally gan, Kica'ud, Chambers, of Kent, Mitchell, Dondeciding the question, there will be less caue to aldson, Dorsey, Wells, Kent, Merrick, Howard,
fear for the ultimate result of our deliberations.  Ridgely, Lloyd, Sherwood, of Talbot, John DenHe illustrated what might be the consequence nis, Williams, HIicks, Hodson, Miller, Tuck,
i.f this proposition to call upon the people to do Sprigg, Bowling, Spencer, George, Wright, Diwhat we had been sent here to accomplish, by rickson, Jacobs,Thomas, Shriver, Gaither,Biser,
referring to the report which had been made by McHenry, Carter, Stewart, of Caroline, Pressta magnanimous representative of one of the man, Ware, Waters. Anderson, Weber, Hollysmallest counties, (Mr. Lloyd, from Talbot.) In day, Fitzpatrick, Smith, Shower and Brown
that report it was proposed to give to the city of -44.
Baltimore the right to send twelve members to  So ther ws  t a secd.
the House of Delegates. This was a liberal proposition, coming from a small county. It was  The question then again recurred on the adopless than he would be willing to give to a city tioe ofthe second sectiol, as ameuded.
of whose wealth' and power Marylanders ought  Mr. SPENCER said the object at which the gennot to be jealous or envious, but proud. This tleman from Frederick, [Mr. Thomas,] aimed
delegation to Baltimore, as a part of a measure was the defeat of this section. In some of the
that is, in other respects, highly beneficial to the views thrown out by the gentleman, he, [Mr.S.,]
less populous counties, may be sustained by their entirely accorded; and tlhe proceedings of this
delegates here as a measure of compromise. But day bear testimony, that the sentiment is not pesuppose we take this article for Baltimore and culiar with the gentlemanI from Frederick-that
submit it by itself to the people, and, at the same he is operated upon by high and elevated princitime, submit for separate action, to the people, ples, rising above the reach of party influences.
that part of this same report which proposes to The gentleman from Frederick must be satisfied,
each county a right to choose one member of the that there are other members of this body who
Senate; can any man fail to foresee the conse- are actuated by principles equally high. The
quences. The small counties would vote against man who looks not beyond the sphere of selfish
an increase of the Baltimore delegation, while or party considerations, is undeserving of a seat
the large counties and the city of Baltimore would in this body. We should all satisfy ourselves,
vote against giving one Senator to each county, that the object we have in'view is one which
without regard to their representative numbers. must be promotive of the public welfare, and
And in this way, both articles of the Constitution then march boldly to it. He agreed also with
would be rejected. Then, as to the Judiciary, the gentlernan from Frederick, that the leif the Convention think that we ought to abolish formers in this body ought to act in union. But
the life tenure of the judges and reduce the num- when reformers difler among themselves, as to
ber in commission, are we to incorporate articles the provisions which ought to be inserted in the
in the Constitution subject separately to the sane- Constitution, where is to be the point of comnprotion of the popular vote? The same may be said mise? Who is to lead in the attemptto reconcile
as to every article in the Constitution. If we are these differences of opinion? Every man must
to send it out to have separate votes upon each of stand on his own principles. He was one of those
its provisions, we shall only make confusion wholknewno leader. fie could not abandon the
worse confounded, and all our labors will be of principles lie had adopted fiom na conviction of
no public utility. He preferred biennial sessions, their correctness. There arc many who consider
but felt but little zeal on that question when conm  biennial elections as the proper principle; while
pared with that which he avowed against this there are others who contend for annual sessions;
distracting proposition to call upon the people to bult he was \willing, in a spirit of compromise, to
do that which we were chosen to perform.   make some concessioi to those who thought difMr. JOHN NEWCOMiER remarking, that enough ferently; and, therefore, lie had offered various
had been said, and that he hoped that the Con- propositions. The gentleman from  Frederick,
vention would second the motion he was about and his fiiends, have taken a fixed stand against
to make, demanded the previous question.    all compromise, while we who are willing to
And on the question being put, "will te Con- compromise, have been driven by the course of
And on the question being  put, "will the Con- olentleman from Frederick, and his friends,
vention second the demand for the revious ques- to take a separate vote on this question at the
No~t quorumvlonoted,            polls. It appears, therefore, that there are diviNo quorum voted                          sions among us all round. Some of the most disMr. CHAMBERS, of Kent, called for the yeas tinguished members of reform, and of the whig
and nays, which were ordered.               party, are in favor of biennial sessions, while
And the question was again put, "will the Con- some of the members of the reform, as well as
37




290
the whig party, are in favor of annual sessions.  Mr.,WELLS, chairman of the committee,on
This was one of the questions which was not agi- accounts, made the following report:
tated before the people. When things are in this  The committee on accounts respectfully report
condition, and these conflicting opinions cannot that they have examined and passed the account
be reconciled, is it not prudent to submit the of Hayward, Bartlett & Co., for repairs, to the
question lor a separate vote of the pdbple? Every furnace, herewith filed, and recommend the adopgentleman here knows the sentiment of his con- tion of the following resolution:
stituents on the subject of representation. Why                 G. WELLS, Chair all.
then should the question of representation be sub.
mitted separately? He concluded w'ith saying  Resolved, That the President of this Conventhat he is not wedded to this proposition. If a tion, draw on the Treasurer in favor of Hayproposition should be made for the Legislature to wood, Bartlett & Co., for one hundred and fortymeet annually for the next three years he would six dollars and thirty-one cents.
prefer it.                                    Which was read and adopted.
Mr. DIRICIcSON asked the yeas and nays on the  Mr. HARBINE moved that the Convention proadoption of the second section as amended-  coed to the order of the day, but waived the mowhich were ordered.                        tion at the request of Mr. SOLLERS.
Mr. DORSEY moved to amend the section, as      THE CONVENTION AND ITS BUSINESS.
amended, by striking out the words "general
election."                                   Mr. SOLLERS said he had risen for the purpose
Mr. D. thought that the language,'as it now  of making a motion, which perhaps would come
stood, was vague and uncertain, and that the with better grace from another member of the
amendment would make it more definite.     Convention, than from  himself. He proposed
that a committee should be appointed to examine
The question was taklen, and the amendment ad consider the rules of the Convention, and to
was agreed to.                             report such alterations and amendments as, in
The question then again recurred, and was ta- their opinion, would facilitate the business of the
ken, on the adoption of the section as amended, Convention.
and the result was as follows:               Mr. GINN. I second the motion.
ffirmnative-Messrs. Morgan, Donaldson, Dor-  Mr. SOLLERS continued He had hitherto taken
sey, Wells, Kent, ierrick. Buchanar, Welsh, occasion, hesaid, toreferto thejarringand discorChambers of Cecil, IVIiller, l uck, Sprigg, Spen- dant elements of which this Convention was comcer George, Wright, Shriver, Biser, Stephenson, posed, and to state that they were such as to preMcHenry, Nelson, Stewart of Caroline, Presst- vent any human being predicting when it would
man, Ware, Brewer, Anderson, Weber, Holly- be possible for it to adjourn. No programme of
day, Fitzpatrick, Cockey, Parke, Shower, and settled principles, upon which this body should
Brown-32.                                  base its action, had been discussed before the.Negative-Messrs. Chapman, President, Ri- people; and gentlemen had met here without
caud, Chambers of Kent, Mitchell, Dalrymple, knowing what the people wanted, or what they
Howard, Ridgely, Lloyd, Dickinson, Sherwood  wanted themselves. What had been the conseof Talbot, John Dennis, Williams, Hicks, Hod- quence? The Convention was afflicted with that
son, Phelps, Bowling, Dirickson, Hearn, Jacobs, curse which, in olden times, had been visited upThomas, Gaither, Annan, Carter, Schley, Fiery, on a rebellious people, who attempted to build a
Neill, John Newcomer, Harbine, Michael New- tower which should reach to heaven-a confusion
comer, Waters and Smith-31.                 of tongues. For his own part, he was opposed
So the'second section, as amended, was adopt- to early allthe reforms which were contemed.                                         plated by this Convention, yet he felt that something was due to the wishes and the interests of
And thereupon the Convention adjourned until a disappointed and indignant people. Well might
Monday morning,                             they exclaim, in the language of the Roman orator, "quousque tandem abutere patientia nostra?"
From one end of the State to the other, a dissatisfied feeling pervaded the public mind, in regard to the condition of the business of this Convention. They had been three months in session, and were but just upon the threshold of the
MONDAY, February 17th, 1851.     business for which they had assembled. All the
The Convention met at eleven o'clock.     difficult and intricate questions claiming the atPraver was made by the Rev. Mr. GRIF- tention of the Convention, yet remained to be dis~PraI~~~ yerTH                 cussed. There was a defect somewhere. Itwas
evident that there was too much speaking. There
The roll was called; and, after some time, a lay the difficulty, and his object was that a comquorum being present,                       mittee should be appointed to revise the rules,
The journal of Saturday, (with the exception  with a. view to obviate that difficulty.
of reports, the reading of which, on motion of  He thought that if a rule as adopted providing
Mr. Brown, was dispensed with,) was read and that, if any subject should be referred to the conapproved.                                   mittee of the whole, the debate should terminate




291
at a fixed period, the business of the Convention opinion, would be prepared to assume the remight be facilitated. After it was reported from  sponsibility of over-leaping the narrow limits or
the committee of the whole, or perhaps in com- present interest, and would provide, with a wise
mittee of the whole, after the general debate had foresight, for such a settlement of this vexed
terminated, it might be desirable to allow five question, as would ensure future tranquility in
minutes, or perhaps a still less time, for ex- the whole State. lie confessed that he had been
planation of amendments. Other changes of the disappointed —deeply and bitterly disappointrule, not requisite to be mentioned here, might ed-but he was not less anxious to bring the
also be found advisable and proper.        labors of the body to a speedy and sober concluHe had made this movement from the sincerest sion. It would be, after all, but the making of
motives and the kindest feelings. Especially had the first step; a small step, it might chance to
he made it from motives of charity to the reform  be-but it would be the beginning of a progress,
party in this Convention, who were bringing up- which should end only in the attainment of full
on themselves a tremendous responsibility, and aad substantial justice.
heaping coals of fire upon their own heads. Up-  The PRESIDENT, (to Mr. Sollers.) Does the
on them the people would visit the consequences gentleman designate any number of which the
of the state of things which now existed in this committee shall be composed?
Convention.                                  Mr. SOLLERS said he would submit that point
He had only to request that if the committee to the judgment of the Chair.
should be appointed, the President would not  Mr. SOLLERS then took the floor, and disclaimplace him, (Mr. S.,) upon it.               ed any intention to detract from the character of
Mr. GwVINN said:                          the gentleman from Baltimore city, (Mr. Gwinn,)
or of any of that delegation, but expressed the
That he would gladly support the motion of opinion that the confusion of tongues of which
the gentleman from Calvert, or any motion which he, (Mr. S.,) had spoken, had been created in a
would facilitate the business of the Convention. great degree by that delegation, owing to the
In the absence of other means he would himself amount of talking which they had done.
move, before long, to fix a day for the adjourn-I                gen  n mt 
ment of the Convention, distant enough to ensure  at we are entitled to o e th   o the t n
a full consideration of all the business which ithat  enttled to one th  of the 
was assembled to perform, and yet sufficiently
near to make all absentees sensible of the neces- Mr. SOLLERS. YOU are entitled to it, andyou
sity of their attendance,                   have done it. [Laughter.]
Much had been said in relation to the diligence  Mr. BUCHANAN said he believed the Convenof this Convention. He did not intend to detract tion would bear him witness that he had talked
from its merits, whatever they might be, but it but little hitherto, and, for himself, he could
was certain that it afforded evidences of a longer promise, that he should talk still less hereafter.
session, than any body which had ever assembled I am gratified, (continued Mr. B.,) at the propoin any one of the several States, which had re- sition of the gentleman from Calvert, (Mr. Solsorted to the same means of reforming;their lers ) It meets my hearty approbation. But I
Constitution. Our duties and our labors, dignify think that the gentlemen will perceive that some
them as we may, stand in no higher place than injustice has been done, which, if report speaks
those which other Conventions have performed. truly of him, he would be the last man to do.
He confessed that he was anxious to bring the  Some time ago the proceedings of this Convenlabors of this Convention to a close. When a tion were spoken of as being dilatory elsewhere,
member of the last Legislature, he had support- and sometimes here. I am free to confess, that
ed the bill under which it was organised. He the progress of business has been protracted and
did not do this because he considered it just, or slow. Nevertheless, I believe that there are men
equitable, in all its parts, —hbt for the reason that here, who, from  first to last, ha* been influthe reform party of the whole State had commit- enced'by the sincerest and most conscientious deted itself to bills as unequal in their character, sire to di.charge their legitimate duties. And I
from the beginning of the i rovement, to the day say to my friend from  Calvert, (Mr. Sollers,)
of.the passage of the bill in question. He was that, so far,as the standing committees are
then hopeful, that, unequal as the representation concerned, every one of them has made its rewas, full justice would be (lone to all sections of ports. These reports are before the Convention;
theState. IntheLegislatu e, withssuchinequali- are about to be taken up;and although we
ty, little could be expected. It was composed are just now, as the gentleman has observed, only
chiefly of young men, w ho, properly enough, on the threshold of the debate; still the work is
were unwilling to assume. the direction of pub- all cut out, and is here. Let us do it. I, for one,
lie opinion in the sectio ns of the State, which arn ready.
they represented. The Legislature, in general,  I had occasion some time ago, in an incidental
is but the index of the piublic feeling; and must debate here, to refer to the lakor which had
have attained extraordin ary developement before been performed by the committees of this body,
a body, so constituted, will obey its impulse. and to shew that the last of all complaints which
But it was supposed th at this Convention, made could justly be made against them, was that they
up of men distinguishled for long and honorable had been neglectful of their duty, or slow in its
service to the State C(overnment, and from their discharge. The results of their laborsare now
position and ability,, entitled to direct public before us, and I believe that if the proposition of




292
my friend from Calvert, (Mr. SJllers) prevails, this mode of action, and, because, from the little
we shall do more work within the next five experience which I had had in the course of
weeks, so far as the perfecting of measures is twenty years, I feared the result would be pretty
concerned, than we have done in the whole an-,much that, which surrounding events and circumtecedent period of our session. But I concur stances now foreshadow.
entirely in opinion with him, that we must put  During the last fall, I took the ground before the
a stop to this everlasting propensity to talk. And people that no man could estimate what the cost
to accomplish that object, some uniform rule will ofthis Convention would be. It was said that
be required.                              it would be some sixty thousand dollars. My
If one gentleman indulges in remarks, another answer was, that it might cost that summust have the privilege of reply, and thus in- or it might cost one hundred thousand dolstead of closing our labors by the first of April, lars-or that, for aught that could then be
(after which period, I do not believe that a foretold, it might cost two hundred thousand
quorum of this body can be kept together,) we dollars. I knew we might anticipate that some
shall not terminate them until September. I cast long-winded gentlemen would be returned to this
reflections upon the course of no man, but I body, whose love of speaking, growing by what it.
have a right to vindicate my own.          fed on, would render it impossible to tell how
During the three and a half months that have long we might remain here, or what the cost.
elapsed since the meeting of this Convention, I might ultimately be. Although no prophet, nor
have been, absent from my seat only two days. the son of a prophet, it seems that these anticiI am here at my post now and at all times, ready pations are likely to be realized. The wide un —
and anxious to discharge the duties which have bounded prospect lies before us-but shadows,,
been entrusted to my hands. So far as my per- clouds and darkness rest upon it.
sonal wishes or interests are concerned, the bus-  We are here in chaos, and when we are ever
iness of this Convention cannot be disposed of to emerge from the darkness that envelopes us,
too soon. I will vote for every fair and reason- into the light of day-the powers above alone can
able proposition whichhas that nost desirable tell.
consummation in view.                        I knew or thought I knew, that this task of
Mr. JOHN DENwNIS 50sai:                  making a Constitution would prove more difficult in its execution, than was dreampt of in the
That as it seemed to be the order of tie day philosophy of those whose vision is bounded by
for gentlemen to give their experience, it might the political horizon of twenty-four hours. Innot perhaps be considered inappropriate in him  stead of finding it a work of such easy execution,
to say a very few words on the proposition now  it is now discovered it may not inaptly be comunder consideration. The Convention would pared to the labor of Sisyphus.
bear him witness that he had obtruded himself  I told my people that I preferred they would
but little on its attention-whether, because his select another delegate in my place; but whein
natural temperament was such, that he was not they insisted that I should represent them here,
troubled so much as some gentlemen, with that I told them of all the difficulties by which we
raging disease known as the cacrcthes loquendi, should be met. 1 told them that the duration
or whether because he    did not feel himself as of the session would be far beyond any calculacompetent to participate in public discussions as tion of theirs, or any reasonable expectation of
others, it was not for him to say. But from the my own, and that it might become requisite for
commencement of the session until the present me to return to my home.
time, with the exception of a short interval after  I shall vote with all my heart in favor of the,
the recess, he had been in his seat.       proposition of the gentleman from Calvert, (Mr.
It had pleased the honorable gentleman who Sellers,) or of any other that is likely to be atpresides over the deliberations of this assembly, tended with beneficial results.
with so much dignity, ability and credit to him-  It is high time that something should be done.
self, to appoint him upon four very important If something is not done, we may go on ad ininficommittees-to wit: The committee of twenty- turn, and never bring our labors to a close. Let
one, composed of a member from each county, us stop debate, and go to work.
and the cityof Baltimore-the committee on    Mr. MORGAN said, that he should, wi.th pleaqualifications of members to seats —the commit- sure, support the proposition of his frieod fromt
tee on the apportionment of representation-and Calvert, (Mr. Sellers,) but declared, in advance,
the committee of twenty-one called the union that he would not vote for the proposition of the
committee.                                 gentleman from  Baltimore city, (Mr. Gwinn.)
I believ, (continued Mr. D,) that during the The Converntin, (continued Mr. M.) will bear
sittings of these committees, night or day, 1 have me out in the assertion, that 1 am not one of those
been absent but once. I am, therefore, respon- at whose door can rest the charge of having insible for none ofthe impediments or delayswhich terrupted or impeded the proceedings of the
have attended the transaction of the business Convention, by offering propositions which have
for which we assembled. In May last, when led to debate, or by debating such propositions
the subject of this Convention was mooted, I, in myself. And I must sav to my friend from Balthe exercise lof my privilege, voted against the timore city, (Mr. Gwinn,) that the motion of
call; not that i did notthink there might be some which lie has given notice, comes switlh no ery
improvernenits imade in the Constitution, but be-  ood grace fronm him.  For, think that the procause I doubted the propriety and expediency of' cecdings of the Conv ention will show theit most




293
of the propositions which have delayed its action  we have now to engraft upon it all the modificahave emanated from the quarter from which this tions and improvements, which, through this long
motioi is to come to-morrow.                lapse of years, have been developed in the science
Mr. GWINN. From myself?                   of human government. All these delicate and
Mr. MORGAN. No-but from the quarterof difficult questions have now to be settled by us,
the State from which this motion is to come to- as the people of other States, through their Conmorrow. I do not intend'to say, that the gen- ventions, have already settled them. I cannot,
tleman has interrupted or impeded the progress therefore, concur in the opinion any where exof the public business. But what does the gen- -pressed, that we have been here doing nothing.
tieman niow say? He declares, il the presence  If we now go earnestly to work-if we attend
of this body, that if he had known what would *to the business before us, and deliberate calmly
have been the result of our proceedings, his right and wisely upon it, the people, instead of conarm should have withered before he would have  demning us for what we have done, or finding
voted, as a member of the Legislature, for the fault with the time we have spent, will'greet,
bill which authorised the call of this Convention. with their approbation and applause, the ConstiSir, does the gentleman intend to say that any  tution which we may submit to them.
one of the propositions which have been main-  1 shall, therefore, vote against the motion of
tained here were spoken of in the Legislature? tthe gentleman from Baltimore city, (Mr. Gwinn,)
Did the gentleman ever hear the question of re- ibut in favor, of every proposition calculated
presentation talked of when the bill was under to expedite the transaction of the public busiconsideration? Gentlemen were very cautious ness.
upon that question, until after the passage of the  Mr. SOLLERS'. I call the previous questi on.
bill-and yet the gentleman comes here and tells  There was a second
us that his right arm should withei by his side
before he would have voted for it, if he had  The main question was ordered, and having
known what now he knows.                    been taken, the motion of Mr. SOLLERS was
Every body knows that certain propositionsareed to.
have been brought in here from Baltimore city,  So a committee was ordered to be appointed.
which have been defeated; andl now, because,  The PRESIDENT. The Chair nominates as the
as I suppose, they were not decided as he and his:ornmittee, Messrs. SPRIGG, MCLANE, RICAUD
constituents desired that they should be, he rises SCIILEY and BUCIANAN.
in his place and proposes to put an end to this
Convention. I cannot sympathise with him in        MLANE     ke   t be excused on the
such a purpose. I tell my friends here that the ground of fecble health.
people of the State of Maryland, beyond the lins-  The Convention excused Mr. MCLANE,,
its of the city of Baltimore, desire that a Consti-  And the PRmSIDENT appointed Mr. BROWN ill
tution should be formed; and that if the votes and  his stead.
proceedings which may be recorded here should  Mr. SPRlrc asked to be excused, upon the
not be in consonance with the views of the people ground of his imperfect acquaintance with parof that city, they may be in accordance with the  liamentary practice.
views of the people of the rest of the State. And  The Convention excused'dr. SPRIGmc,
for that reason, I shall vote against any motion  And Mr. JOHN DENNIS was appointed by tlh
to bring the session of this body to an abrupt or PRESIDENT in his place.
premature termination. The most important     Mr. DENNIS asked to be excused from service,
measures before us have yet to be acted upon, on the ground that he had already been appointed
and I believe that the confirmation by the people a member of four committees.
of what we may do here,'depends upon the result  Mr. D. was excused.
of these measures.,       The PRESIDENT then said that the House being
I have heard much of the dilatory proceedings very thin, the Chair would take further timhe to
of the Convention. I have seen the charge in complete the committee.
the newspapers and elsewhere. But look at the  On motion of Mr. HARINE, the Convention
condition of things.'No State in the Union can proceeded to the orders of the day.
be cited as an example for our own. A Convention assembled in any other State, under circum-ENT.
stances similar to those by which we are suri-  The Convention resumed the consideration of
rounded, would have been placed in the same the unfinished business, being the report of the
difficulty. The condition of our people is differ- committee on the legislative department.
ent fiom that of the people of any other State.  The third section was read, as follows:
In one section of the State, we have a; larg'e-  Sec. 3., The-first election for Senators and
slave interest, and in another section an anti-sla- Deleg-ates shall take place on the first Wednesvery feeling. We have a large city iln our midst, day of October, eighteen hundred and fifty-one,
with an overwhelming population, claiming re- and on the same day in every secondt year forever
presentation according to numbers, and with the thereafter, the general elections for Delegates,
counties in opposition to it. We have a cormer- and for one half of the Senators, as nearly as
cial and agricultural interest, and all these inter- practicable, shall be held.'
ests conficting with each other. Aid, to crown  Mr. DonsEY moved to amend the section by
all, we have an organic law that has remained striking out the word "general," in the' third
usse.ntially unchanged for seventy years; so that line.




294
Mr. FIERY moved further to amend said sec-  Mr. DORSEY moved to strike out the first Wedtion, by striking out in the second line the word nesday, so as to make it conform with the provi.
"first,".and inserting in lieu thereof, "second." sion of section three.
Mr. F. said, this change would be for the con-  The amendment was agreed to.
venience of the agricultural portion of the   And the section, as amended, was adopted.
State.                                        The fifth section was then read as follows:
Mr. SELLMAN desired to move to strike out the  "Sectio'n 5. The General Assembly shall meet'first Wednesday of October,' and insert "the on the first Wednesday of January, 1852, and on
second Monday of August.'                  the same day in every year, for ever thereafter,
Mr. SHOWER called for a division of the ques- and at no other time, unless convened by the protion, (on the motion to strike out,) which was clamation of the Governor, who shall have
ordered.                                    power to convene the same whenever he may
The question was then taken on the motion to deem it expedient and proper."
strike out.                                   Mr. SPENCER moved to strike out the fifth and
But no quorum voted,                      sixth sections and insert as follows:
Mr. BROWN said, he was satisfied that a quo-  "The General Assembly shall meet on the first
rum  was in the city, and he would, thaereore, Wednesday next, after the first Monday of Janumove that there be a call of the Convention.  ary, eighteen hundred and fifty-two, and on the
move that there be a call of the Convention.
But, by general consent, the question was same day in the next year thereafter, to be named
aBut by general consent, the question ws o- and fixed by the Legislature, but all subsequent
again taken, and a quorum having voted, the mo- sessions shall be biennial, and commence onthe
tion to strike out was agreed to.          sessions shall be biennial, and commence on the
on to strike out was agreed to.  first Wednesday next after the first Monday of
Mr. JACOBS then moved to fill the' blank with January, eighteen'hundred and fifty-four, and on
the first Monday in November.              the same day in each alternate year thereafter,
Some conversation followed on the part of and at no other time, unlessconvened by the proMessrs. DIRICKSON, SPENCER and DoRsEy,      clamation of the Governor, who shall have
When the question was taken, first on insert- power to convene the same, whenever he may
ing the most distant day, (i. e. the first Monday deem it expedient and proper, and all subsequent
in November,) and it was agreed to.         regular biennial sessions of the General AssemThe qestion then recurred on the section as bly, shall be closed on the tenth day of March
The question then recurred on the section as n   eu    t   t    o t     commencement,
next ensuing the term of their commencement,
~~~~~~~amendedi~'unless the same shall be closed at an earlier day
Mr. DONALDSON offered the following substi- by the agreement of the two Houses."
tute for the third section, as amended:       Mr. SPENCER said' that in this form, the secSection 3rd. "The first election for Delegates tion would so read as to secure three annual sesshall be held on the first Monday of November, sions. If, therefore, it was agreed to in this
1851, and the Delegates then chosen shall hold form, he would be willing to move a reconsideratheir seats for the term of one year only, the Sen- tion of the vote by, which the amendment he proators heretofore elected, shall hold their seats posed on Saturday, was embodied in the second
until the first Monday of November, 1852, when section, so as to make that section a simple decan election shall be held for Senators and Dele- laration that the sessions shall be biennial
gates; and thereafter, on the same day in every  Mr. CHAMBERS suggested, that it would be
alternate year, an election shall be held for Dele- better to make the time the first Wednesday afgates, and for one half of the Senators as nearly ter the first day of January. A great many peras may be, unless in accordance with the preced- sons would find it inconvenient to leave their
ing sections, the Legislature shall provide for the homes on the first day of January. He wished
annual election of Delegates."              to make another suggestion while he was on the
But on a suggestion by Mr. D1RICKSON,    floor. The vote of Saturday was taken when the
Mr. DONALDSON waived it for the present.  Hou   was very thin; and it is by no means imMr. DON N w e i fr te p.     probable that when there is a full attendance of
The fourth section of the report was then read p babers  a difference of opilion may be exmembers a difference of opinion may be ex~~ast~ f~ollows:  ~pressed. I-Ie would suggest that, in this condi"Section 4. Immediately after the Senate shall tion of things, time might be saved if we posthave convened after the first election under this poned this question for the present, and went on
Constitution, the Senators shall be divided by Vith some of the other sections of the report.
lot, into two classes, as nearly in number! as may  Mr'. SPENCER repeated his belief, that if this
be. The Senators of the first class, shall go out proposition was adopted, fixing that there shall
of office at the expiration of two years, and Sen- be three annual sessions, there would be no difators shall be elected on the first Wednesday of ference of opinion in the House on the course to
October, 1853, for the term of four years, to sup, be pursued. The vote of Saturday would be reply their places; so that, after the first election,'considered. At least, such was the opinion of
one-half of the Senators may, be chosen every several gentlemen near him who had spoken to
second year. In case the number of Senators be him on the subject.
hereafter increased, such classification- of the  Mr. SMITH asked whether the fixing of the
additional Senators, shall be made as to preserve time which had been named, might not interfere
as nearly as may be, an equal number in each with the meeting of the House of Delegates?
class."                                      MAr. SPENcER replied, that it would not.




295
Mr. BISER said, that it he was called on to  codification of our laws, to a reform in the pracvote on this question, he should be compelled to tice and of special pleading, and to such other
vote against the proposition of the gentleman  changes as will make the proceedings in our Courts
from Queen Anne's. He referred to the speech  analogous to the practice of the Courts of Law
of the gentleman from Queen Anne's on Saturday  in some of the other States of the Union. If we
in favor of this very amendment. which he is expect the Legislature to do this work, there
now disposed to defeat. That cogent argument will be business much beyond the ordinary busiof the gentleman from Queen Anne's still rung in ness which comes before the Legislature, for its
his ears. He had not heard it answered, and un- action. Some of the best practioners of law in
less the gentleman himself would answer it, he our State may probably be willing to come to the
could not now consent to change his course.  Legislature to be engaged in this employment
Mr. SPENCER reminded the House thation some which will require great practical knowledge.
remarks he made on Saturday, he had expressly  Now if you subject lawyers of this character to
declared that he was in favor of biennial sessions, the drudgery of two elections, which must be the
He had then stated that he would prefer a pro- case, unless under one election they may attend
vision for three annual sessions to enable the Le- two sessions, he would put it to gentlemen on
gislature to pass the laws necessary to carry out this floor, who are entirely competent to give him
the requisitions of the new Constitution. But as an answer, whether these gentlemen could be inhe could not effect that object, he had no course duced to canvas their counties twice over? They
left him but to move the amendment providing  might be willing to make sacrifices to be elected
that the question shall be submitted to the peo- once to the General Assembly to assist in reformpie.                                        ing our Laws. The first business of the LegislaMr. BlsEr said the gentleman from Queen ture would be to lay off the new Congressional
Anne had also stated that he was in favor of bi — Districts in the State, under the new apportionennial sessions, because the people had decided ment made by Congress under the new census by
in'favor ofthemr, but that other gentlemen thought which this State will loose one representative in
that public sentiment was now opposed to them; that body. They may then proceed to take up
and the gentleman from Queen Anne had asked the subject of the revision of our laws, with a
if there was any gentleman who would be unwil- view to their codification. Before this can be
ling to submit the question again to the decision  completed, they may adjourn from 1852 to 1853,
of the people?                              when they will find it necessary to resume the
Mr. THOMAS apologized for rising to trouble workfor thepurposeofcompletingit. Butshould
the House with any remarks, but as he had been itbe required by the Constitution that anew elecrequested by the gentleman from Dorchester, not tion shall intervene between these sessions, half
now in his seat, to look after this question, and  of those gentlemen who had commenced the
as he felt something was due to his colleague who work might be left at home, the whole task would
was necessarily absent, he trusted he should be be recommenced and gone over again. He hoped,
permitted to say a very few words. He regret- therefore, that the friends of reform would accept
ed that he should have been brought before the of the proposition now offered, and thus secure
House so much more frequently by these circum- one important article in the Constitution.
stances than was agreeable to himself. He de-  Mr. SCHLEY said the argument in favor of ansired now to ask a question of the gentleman from  nual sessions had been made on the ground that
Queen Anne for his own information. If he un- a greater amount of labor than usual would be
derstood the present proposition offered by that imposed on the General Assembly, for the purgentleman, it seemed to him to conflict both with  pose of enacting the laws necessary to carry out
the views of that gentleman as it did with his the provisions of the new Constitution.  He
own. He hadno objection tomake to the clause thought this was a mistake. He was anxious
as to the time of the meeting of the two first ses- that there should be a codification of the laws of
sions of the Legislature. But he understood the the State, and the only way in which he thought
gentleman from Queen Anne as proposing to strike it ought to be done, would be for the Legislature
out the sixth section, which fixes a limitation of to appoint Commissioners to examine and codify
the duration of the subsequent sessions, which them. This would be a work requiring much
he did not think was in accordance with the dis- time; it will not be done in 1852 or 1853, and
position of the House.                      probably not even in 1854. It ismnot possible for
He was willing to vote to make it imperative a task of this magnitude to be completed by the
on the Legislature to hold two annual sessions, first meeting of the Legislature. It is very desiby way of holding out the olive branch, and he rable that some change should be made in the
would advise all the friends of reform to take this practice, in relation to special pleading.  The
course. This would be equivalent to the bill as great objection to the present mode of special
it now stands, which gives to the Legislature the pleading is not, as is generally supposed, that it
power (which he believed the Legislature would is too special. Let it be stripped of its verbosiexercise) to sit twice in the first two years. And ty, and its antiquated forms, and that may be all
if he understood this amendment it limits as the which may be found necessary. The only effect
bill before us limits, the third session to the 10th of any laborious effort at change, may be to make
of March. We shall then retain the important what is already special, still more special. Apart
provision for biennial sessions, commencing with from  these two objects, what other business is
the year 1854. It should be borne in mind that there which requires that there shall be annual
there are propositions to be made, looking to a sessions of the Legislature? The mere laying off




296
of new ldistricts would certainly not be sufficient cobs, Magraw, Schley, Piery, Neill, -Waters'to warrant annual sessions. He had not risen to Smith and Cockey — 8.
take up the time of th.e Convention in unneces-  o the vote was reconsidered.
sary debate, and he w ould detain it no longer.  T   q io 
If these were the stronge;st arguments which  The qu       ow recurred on sting     he
coulld }e brought forwr-d by qte friends of the "first Monday in November," and inserting the
annual system, he would still adhere to biennial amendent    J
sessions, believing that they are in accordance  Mr. CHAMBERS, of Kent, suggested to the genwith the will of the people.                tieman from  Worcester, that it was not worth
The question was then stated to be on the mo- while to Dress this question now. There was
tion of Mr. SPENCER, to strike out the fifth and but a thin attendance, and that it would be imsixth sections, and insert. the anmendments he had possible to determine to-day, what the sense of
offred.                                    the Convention was.
m~~&~...                    i       Mr. JACOBs explained that his only object
Mr. BlsER called for a. division —first on strik-  M. J epned tha    hs  on   o
nwas, in the amendment lie had offered, to avoid
Which was orde.                        the multiplicity of elections.
Which was ordered.
W thich queastior dered.         But the sense of the Convention had been exAnd the question beg aken,           pressed, as he supposed, that the State and FedThe motion to strike out was rejected.    eral elections should be held on the same day.
Mr. JACOBS now moved to reconsider the vote, He was not anxious to press the question nowadopting the third section.                 and'yielding to the suggestions of gentlemen,
The vote having been reconsidered,        would withdraw the amendment for the present.
Mr. JACOBS said, his object in the amendment
he had offered to the third section, was to make  Mr. DIRIcrSON gave notice that he should tothe State elections conform to thie Presidential morrow move to reconsider the vote of the Conelection. Finding he had been mistaken in the vention on the second section of the report.
day-he now moved to strike out the first Mon-  The fifth section was then again read.
day in November, and insert "on the Tuesday   Mr. TROIssAS moved to amend the section afnext after the first Monday, in the month of No- ter the word "every" in the second line, by inservember.",        ting the word "second.;'
Mr. SPENCER called for a division on striking  The question was taken.
out;                                          But no quorum voted.
Which was ordered.                          Mr. MAGcRAw moved that the third, fifth and
The motion to strike out was agreed to.   sixth sections of the report, be passed over inThe question then recurred on the motionl to formally.
insert the day designated by Mr. JAcons.     T.he PRESIDENT. It can be done only by unanMr. BROWN moved a reconsideratidn, of the imous consent.
vote striking out from the third section the words,  Obection was made
"first Monday in NoSvember."               Some conversation followed on the part of
Messrs. CHAMBERS, of Kent, THOMAS, and FHARHe made the motion, he said, because he had. BINE.
given his vote in favor of the motion to strike out  Mr. SPENCER proposedto amend the section
under a misapprehension.'The object he had in by inserting, in the second line the words "and
view, was to keep the State and the general elec- o the same day in the year 1853."
tions free from each other.                   The question was stated to be on the amendSome conversation followed on the part'of ment of Mr. SPENCER.
Messrs. BROWN, THOMAS, DIRICKSON and MITCH-   Mr. SPENCER asked the yeas and nays;
ELLL.                                         Which were ordered.
Mr. SPENCER asked the yeas and nays, on the  So ee desultory conversation followed, as to
motion to reconsider;                      the effect of the amendment, in which Messrs.
Which were ordered; and                   SPENCE R,TIsOMSAS, CONSTABLE, WELLS, PHIELPS,
Being taken, resulted as follows:        BUCIHANAN, HARBINE and DoNALDSON, took part..ffrmative — Messrs. Buchanan, Welch, Lloyd, IThe question on the amendment of Mr. SPENDickinson, Sherwood of Talbot, Constable,           the take      resulted as folws:
Chambers, of Cecil, Miller, McLane, Spencer,  /Jlffirmative-Messrs. Chapman, President, MorGeorge, Wright, Thomas, Shriver, Gaither, gan, Ricaud, Chambers of Kent, Mitchell, DonBiser, Annan, Stephenson, Nelson, Carter, aldson, Wells, Sellman, Buchanan,,Welch,
Stewart, of Caroline, Gwinn, Stewart of Balti- Sherwood of Talbot, John Dennis, Hicks, Hodmore city, Sherwood of Baltimore city, Ware, son, Miller, Sprigg, Bowling, Spencer, George,
Harbine, Brewer, Anderson, Weber, Hollyday, Wright, Dirickson, Jacobs, Thomas, Shriver,
Fitzpatrick, Parke, Shower and Brown.-34.  Biser, Annan, Carter, Stewart of Caroline,
J'egative-Messrs. Chapman, President, Mor- Gwinn, Fiery, Neill, Harbine, Waters, Andergan, Ricaud, Chambers of Kent, Mitchell, Don- son, Hollyday, Fitzpatrick, Smith and Cockeyaldson, Dorsey, Wells, Randall, Sellman, pal- 38.
rymple, Sollers, John Dennis, Hicks, Hodson,.Negative-Messrs. Lloyd, Dickinson, Phelps,
Phelps, Sprigg, Bowling, Djrickson, Hearn, Ja- Constable, Chambers of Cecil, McLane, Hearn,




297
Gaither, Stephenson, Nelson, Stewart of Balti- of compromise. -le could not reftairn, however,
more city, Sherwood, of Baltimore city, Ware, from saying that he regretted to find that 1anyv genSchley, Brewer, Weber, Parke and Brown-18. tieman should desire to settle the basis of' itr pveSo the amendment was adopted.            sentation upon a principle such as that cortaitllnd
The question then recurred on the amendment in the report just submitted-which lot,. oilv reof Mr. THOrlAs, to insert in said section after the fused any concession to the people of v\ esierl
word "every" in the second line, the word'sec- Maryland and to his constituency, comlpr.ising of
ond.".                                     themselves nearly one-fourth of the pop latioi or'
Mr. T. then modified his amendment, by mov- the State-but offended their sense of justice;t!ld
ing to amend said section by inserting after the right, by seeking to place the entire negro poplword "day" in the second line, the words "in lation of the State upon an equality vitl tthemt, so
the year eighteen hundred and fifty-four."  far as constituting the basis of represenrt lti. In
The Convention now became involved in a truth what could be more abhorent, tlh-.t while
long conversational discussion, (chiefly verbal Baltimore with her white population, numbering
and technical,) as to the effect and operation of nearly one hundred and forty-two tlhoussarnd souls,
~the amendment, and its probable conflict with was limited to a representation of six dele-,ates,
the vote of the Convention, already given on the every slave in Maryland should be con-sidered as
subject of biennial sessions;              worthy to constitute ii part the basis of repreMessrs. CHAMBERS, of Kent, THOMAS, PHELPS, sentation. More than that, sir, tle county of
BUCHANAN and SPENCER, taking part therein.  Kent, with but a five thousand, five hundllred and
And pending te question,       ninety-five white population, has granted her it
And pending the question,
The Convention adjourned until to-morrow  th eport three delegates.
morning at eleven o'clock.                   He had sought the isformationr frorll tle gentleman from Kent, perhaps in a Iranller soiewhat irregular, but inasmuch as tire gentilenlan
DEFERRED DEBATE.              from Charles, (Mr. Merrick,) the disritguishied
Chairman of the committee, had in pu'resenting
The following are the remarks referred to in his report accompanied it with Ire expresslon
the last number, made on the presentation by that each separate report of the cormmlnntlee, as
Mr. CHAMBERS, of Kent, of his report on the well as his own, looked to the estaulishimelt of
basis of representation:                   a rule of apportionment, and such also lIal been
Mr. PRESSTMAN desired to inquire of the gen- announced by the gentleiman from Bcaltimore
tleman from Kent, (Mr. Chambers,) by what county, (Mr. -Ioward,) as his object in tihe rerule he and those of the committee who had uni- port he had submitted. These observatioi s had
ted with him in the report just submitted, had induced him to propound the question.
arrived at the number of representatives to com-  Mr. CHAIMBERS. Thegenitleman, (Mr.'resstpose the House of Delegates. His reason for man,) has asked a question'by what rule we
propounding the inquiry was, to ascertain the have arrived at the number of representativ es
whole scope and object of the report, that it might indicated in the report." The question c:atimot
be fully understood and reflected upon. If it be be more satisfactorily answered, than by again
said that the rule adopted was to settle the basis reading the report.
upon the compromise act, as it was termed, of  "Every county having a population of less
1836, he wished to call the attention of the Con- than 15,000 shall be entitled to three (dleleates;
vention to the fact, that this report sought to make every county having a population of 15,0(0)1  and
no change in the basis of representation already less than 25,000, shall be entitled to fonu drleguarantied by that act, in favor of the principle gates; every county having 25,000 and less thanl
of popular representation, but that it actually 35,000, to five, and every county tiavinrn more
condemned that compromise by seeking to de- than 35,000, to six; and Baltimore city the same
stroy the advantages secured by the federal number as the largest county."
basis.  He wished to be informed what was'Ihe gentleman's question, he hoped, vwas ansthe reason of this departure in that particular wered fully. But tie gentleman had gonle far
alone from the rule, if it could be so called, in beyond asking a question. Indeed, his qlietioni
the act of 1836.                           seemed to have been put, not at all hecause he
He begged to invite the serious reflection of did not comprehend the rule suggested by thte rethe Convention to the disposition manifested in port, but merely as a prelude to all aIsstullt Iuponl
that report, while it did not yield any thing to the it. It was certainly a very unusual cour'.c when
white population of the State beyond what was a report on an important measure was tamrte, at
secured by ths act to which he had referred, the instant of its presentation, bef'ore it wvas.sought to engraft a provision new in its character printed, or in possession of the 1House, to coin-;in the history'of this State, or of any other in the mence uan attack upon it. The scame greltlemana
Union, viz: That the aggregate vote of the po- had some time since gratuitously assumled the
pulation, including every negro, free or slave, task of protecting the rights and inlter'es s of tihe
was to compose the basis. This surely would be slave-holding portions of the Stalte, lIal \voltimregarded as a retrograde movement by the great teered and earnestly pressed a measure dce-i:lne
body of the people of Maryland. As a represen- to manifest a very warm feeling toward til tl  illtative in part of the city of Baltimore, he had terest. This was the first instaciee ill whilcl [l1: 
early announced his willingness to adjust this rights of the slaveholder, as such, had sitn cv thieti
question of representation upon a fair principle been presented to the consideration of t!i t.'Uuse,
38




298
and behold the gentleman is the only member of ers, he had been impelled alike by a sense of
the body who rises, at a most unusual and un- feeling and the dictate of stern duty, to offer his
timely moment, to assail the principle of repre- humble aid to guard the institution as it now exsenting the slave population. These remarks are ist. But, sir, that course has been looked upon
the " first fruits," of this glowing sentiment of with suspicion, and forsooth, his independent acsingular attachment to our peculiar condition! tion on that subject has been met, not as it
Why this "hot haste"? Cannot the gentleman should have been, as a token of willingness to
restrain his hostility, till the report comes up for dispel all doubt upon this question, vital as some
discussion? Then is the appropriate period for seemed to regard it, but strangely converted into
his denunciation. But why should this principle a cause of reproach and mistrust. He could not
of representation of the aggregate population be say that had he anticipated that an effort so endenounced? There was great propriety in adop- tirely free from selfishness, or the expectation of
ting federal numbers in the Constitution of the personal advantage on his part, would have been
United States, because there was some of the so misconceived by those who represent the
States having no slaves. But as far as relates to slave interest upon this floor, he would have
internal regulation, there was no motive or con- withheld his sentiments and his vote upon that
sistency in adopting the principle of federal num- question, but he would say, that if the gentleman
bers, nor did he fear any sound reason upon from Kent, (Mr. Chambers,) was to be regarded
which the gentleman could successfully sustain as speaking for that class of delegates, (which,
his enmity to this feature of the report. He however, he would not assume,) the unanimous
would be prepared to demonstrate this at the pro- vote of this body, to sustain the rights of slave
per period.                                holders, had been most illy deserved.
Mr. PRESSTMAN said that he took occasion   What, sir, is it inconsistent in a gentleman
to remark, preliminarily to the observations upon this floor, to seek to guard the property
he was about to offer, in reply to the gentleman of slave holders, as a chattel interest, if, at the
from Kent, [Mr. Chambers,] that he had sought same time, he should refuse to recognize each
to evince, at all times, towards that gentleman, and every negro as entitled to be ranked with a
and to every member of that body, the most re- freeman, in establishing the basis of representaspectful and courteous consideration. He had, tion.
however, observed, and was compelled so to de-  Verily sir, with great deference he would ask,
are, that he had not always been met in the when will wonders cease, if gentlemen will argue
same spirit, by the gentleman who had just ad- such a proposition? In the language of Junius,
dressed the Convention. In answer, sir, to a their "inagination may conceive such a thing
plain and simple inquiry, calculated in no degree but where shall we find credulity enough to beto offend the nicest sensibility, he had had a re-lieve it. 
tort made upon him, certainly not very parlia- 
mentary in style or manner.                  As he had often said, he now reiterated, that
Mentar y i n t s e  or  mer  d l  he  had offered that proposition  in good faith  and
Mr. CHAMBERS interposing, declared it was for two reasons-first,because, he thought it was
foreign to his wish, to say any thing personal n rht in itself and would be the means of obtainits character to the gentleman from  Baltimore ing the confidence of the slave interest; and seccity; on the contrary, he was among the last gen- ondly, to silence the misrepresentations and
tlemen, to whom he would evince any unkind- slanders, which had been industriously circulated
ness of feeling.                       to the prejudice of his constituency. Shouldthe
Mr. PRESSTMAN. He did not suppose that the propositions contained in the report of the gengentleman had designed to give him personal of- tleman from Kent, (Mr. Chambers,) be sustainfence, orto attack his motives. There could not ed, what gentleman could doubt, that the new
possibly be such an issue between them. In that Constitution would be indignantly rejected by
Convention, composed of Maryland gentlemen, more than two-thirds of the freemen of Maryhe would be slow to believe that any such inten- land. Our work would then have been in vain,
tion would be manifested. But he did mean and the cherished hopes of the people wouldvanto complain and avow that the gentleman from  ish, and a deep gloom would fasten upon their
Kent, both in the manner and matter of his re- minds.
marks, had not extended to him the same frank-  Remember, gentlemen in coming to this Conness and courtesy, whichhe had invariably mani- vention, composed upon the basis that it is, all
fested, in discussion, with that gentleman, whose our confidence was placed, not in the power to
great ability he had so often acknowledged and demand and enfore our rights, but in the magnawhose friendship he highly prized. But enough nimity and sense of common justice, which as
of that, sir. He could not say less in justice to freemen, and above all, as Marylanders, you
his own sense of propriety.               would mete out to your common brethren. SureHe had been charged with inconsistency in the ly you will be able to discard in part, if not altoposition he had assumed, in reference to the re- gether, the local prejudices which are said to inpqrt, and the ground he had occupied when he fluence, more or less, each and every man in his
submitted a proposition, intended as a full and modes of thinking and acting; and if you are pre —
complete guaranty to the rights of the slave hold- pared to deny the equality of rights and privilers of Maryland to be secured in their slave-pro- eges to each citizen of Maryland, which are now
perty against the possibility of legislative emanci- enjoyed in almost every State in the republic,
pation. Sprung, sir, from a race of slave-hold- you will honor yourselves by extending the olive




299
branch of reconciliation which may lead to an          TUESDAY, February 18, 1851.
harmonious adjustment. Do not, as the report of  The Convention met at eleven o'clock.
the gentleman from Kent, ( Mr. Chambers,)    Prayer was made by the Rev. Mr. GRIFFITH.
would counsel, shut your eyes and turn a deaf  The roll of the members was called.
ear to the claims of those, who by every principle of nature, sanctioned by nature's God, are        PERSONAL EXPLANATION.
entitled to be considered your equals.       Mr. THOMAS said, that before the House proMr. CHAMBERS said:                       ceeded to the regular business for the day, he deThe gentleman has by way of boast, it wou Id sired to correct an error in our published debates,
seem, told us he represents 160,000 constituents. to which his attention had been kindly turned by
Does he mean to claim any peculiar privilege on a friend. He did not habitually read the debates.
this floor on that account? If he expects this he He very seldom looked at the printed journal.
labors under a sad mistake. My constituents, He relied upon his recollection of passing events
said Mr. C., are few in comparison, and he who in this body, and would not have known, but for
now speaks for them, one of the humblest of the the information derived from another, that in his
members on this floor. But if that gentleman or absence, language imputed to him without warany other, thinks proper to prefer claims of su- rant, had been commented on in the course of deperiority on the score of a large constituency, he bate.
had only to say he claimed a stand on the same  It would be remembered by the House, that
platform  with the most important personage several days ago, when the subject of apportionhere —aye, even if the other should represent one ing representatives to the Legislature was under
hundred and sixty times the number of the gen- consideration, he had said, that the distribution
tleman's 160,000. He claimed the same rights, of political power was the most difficult duty that
the same privileges, and the same authority here this Convention had to perform. This remark,
for every individual member, no matter what he supposed, did not admit of but one construcmight be the amount of his constituency.   tion. And he was surprised to hear that the obHe hoped the measures of the Convention were vious meaning of this language was not apprenot to be carried by "authority"-above all, the hended by every one in whose presence it had
authority of numbers not here to speak for them- been uttered.
selves, and for whom he assumed the privilege of  Now, sir, what is meant by distributing politithinking, their delegates did not always exactly cal power, when applied to the action of this
present the true index of sentiment.       body engaged in apportioning representatives to
As little did he regard the declaration of the the Legislature? We propose to give to the Legentleman, if designed as a threat.        gislature a law-making political power. We
Mr. PRESSTMAN said he did not so design it.  propose then to give to the voters of the several
Mr. C. If the good people of Baltimore or any counties and to the city of Baltimore, the right to
other part of the State prefer the new Constitu- elect representatives to this Legislature. And in
tion to the old one, they will of course vote for doing this, in authorising the voters, separately,
its ratification. Those who are not satisfied with to direct, by their suffrages, how the political
it will of course vote against its ratification. But power we are to give to the Legislature shall be
this would not make him adopt a principle he be- exerted, we distribute to each citizen at the polls,
lieved to be mischievous, nor abandon one he in effect, a portion of that political power which
believed calculated to promote the interest and the Constitution has conferred upon the Legislahappiness of the people of the State.      ture. This, then, is the obvious meaning of his
He must be permitted again to say, he could language. He had said nothing about offices or
see no propriety in this premature attack upon office-holders, and made no reference to the one
the report of the minority. Why not assail the or to the other.
report of the Chairman? It assumed the aggre-  While he was speaking, immediately after he
gate population. Why not attack the report of had used the words he had now explained, he
the two gentleman, (Mr. Lloyd and Mr. How- heard the gentlemanfrom Kent, (Mr. Chambers,)
ard,) who had united in discarding the principle say, " and offices."  To that language, he made
of federal numbers? Federal numbers never had no reply. He considerod it at the time, to be one
been known as an element in our system of re- of those jests that the gentleman pleases somepresentation till 1836-never. Under such cir- times to indulge in, and did not turn from the
cumstances, he felt it a just cause of remark, course of his remarks to notice it in any way.
that this unreasonable mode of putting a black  Mr. T. referred to that part of the report of
mark upon the report, to go out with it, to pre- our debates wherein he is represented to have
judge and prejudice it, had been indulged.  granted that the gentleman from Kent was right
-~~~- ~in saying that we were engaged in distributing
Erratum.-In No. 17, page 118, first paragraph, offices, and said that he was authorised by the rein the remarks of, Mr. Buchanan in reply to Mr  porters, who were setting before him, to say,
Biser, substitute the words "although, (according that there was, in that part of these reports, an
to his own account) he had been a long time in error.
travail, he was most happily delivered at last" for  Mr. DONALDSON said it was proper for him to
these words: "He has travailed much and his new  say a word upon this subject, because he was one
born delivered," which, by a typographical error of those who had referred to the expressions of
found its way into the Register of that date,  the gentleman from Frederick, (Mr. Thomas,)




300
in that interpretation of them of which that gen- solution pending that the Convention shall adtleman complained. Mr. DONALDSON referred to journ, sine die, in five weeks from this time?
page 52 of the Register of Debates, in which the  Mr. GwiNN. My own individual opinions
gentleman from Frederick is made, in express  have undergone no change. But, when I rose to
words, toassent to the remark of the the gentle- ofier the resolution now before the Convention,
man from KIent, (Mr. Chambers.) Such, too, I stated that different gentlemen had expressed
was his, (MLr. D's.,) understanding, at the time; their opinion, that the business of the Convention
and hea had not lhad the slightest idea of pervert- would be better promoted by the substitute. If
inc the meaning of the gentleman from Frederick this substitute should be adopted, and if withir
-nothing could be further from his intention or a few days, I shall find that it does not facilitate
desire. Of course he did not now mean to con- the transaction of the public business,.1 shall then
trovert thle statement of that gentleman in regard fall back upon the original proposition of which
to the words lie used, or his own meaning in I gave notice yesterday, and shall introduce it.
using them.  -le merely rose to show that he, I have postponed it for the present, in deference
(Mr. D.,) had not intentionally misconstrued the to the wishes of others. Is the gentleman satisremarkls nadOl, or which he supposed had been fled?
made by t.. gentleman from Frederick.        The question on the first branch of the resolu-'he jouirnal olf yesterday was then read and tion of Mr. GwINN, was then taken, and was deappiroed.                                   cided in the affirmative, yeas 44, nays 23.
So the first branch of the resolution was adopTHE C ONVENTION AND ITS BUSINESS.   ted, and the Convention decided that hereafter
tr. (wi N!I rtose and said, that upon consulta- the daily hour of meeting, should be tenr o'clock.
tion with several toentlemenr of the Convention,  The qubstion then recurred on the second
lie had ('ecide(] to modify the resolution of which t   branch of the,resolution, (prohibiting a motion
le hai;<given notice, so far as to put it into the i to adjourn before the hour of three o'clock.)
followvirg form: i                            Mr. GWINN desirbd, he said, to' withdraw the?esotedl,'That the Convention will hereafter second branch of the atxiendment.
meet. at ten o'clock, and that no motion to ad-  I he PRESIDENT said, if no objection' wat made,
journ, shall be in order before three o'clock.  the gentleman could withdraw it.'rThe resoluttionl having been read,       No objection having been made,'ft~a~ll~ r /'G  i'.  The second branch of the resolution wag,withiM r. C wvINN demanded the previous question.  drawn
Mr.',i;'EWVART, of Baltimore city, asked the
yeas and nays 0:3 the adoption of the resolu-.   ENiNG SESIONS.
itoh.
tIo~n". SAT  requested Mr.Mr. MiTCta1L offered the following order:
5Ir. SMriT Ircquested  Mr. GwINN to withdraw
e d   fo te p ous qetnor a  Resolved, That after to-day the Conventiol'
ent.an for he previous     est             will meet every evening at half-past four o'clock.
Mrl.,GwitNa declned to wit^hpdr-aw.   I |The order having been read,
Mr. C   sAMB:ERs, of Kent, rose to a question of  Mr           ed the pvious qoesorder.  lte submitted that by a rule of the,   STE   R, f Balt    e cit   asked t
kuls e, a Miotito to adjourn was always in order  Mr. STEWART, of Baltifore c
land thlait tli: lns a propiosition to repeal that? yeas and nays on the adoption of the osler, which
rule.:                                     were ordered.
rutleatthi~ wa~s a proposition                     waspealthat  asnotdeoe5        4rThe Prt.silKNT:r. The chair thins t        There was a second to the demand for the prelast parlt of tlhe orler, will be entirely nopera- vious question, and the main question was orler
-tv  -'.oid; -LeU ^ e  tary bdy et, and having been taken, theresolution, by yea'
tire and vuoid; because every parliamentary body3           eted.
an1 ar ljourn at any time it pleases.. If the resolu- 3  nays 35, was rejected
tioii stould be atdopted, the Convention could non         THE RITLES.
obsmtate, adjouril tile next moment.
Mr. RaENT, of Baltimore city, called for a di-  The PRESIDENT announced the folo wing genvision of the question.                     tiemen as composing the committee which had
romrnle cotircrlsation followed on the point of I yesterday been ordered tolbe appointed, to revise
order, as to the divisibility of the resolution un- the rules, and report such alterations and amendder the rule.                            - ments thereto, as they might think expedient.
Thie ItrEs)IDEsT decided that it was in order to  Messrs. RICAUD, SCHLEY, BUCHANAN,.MBWE
divide the resolution,                      and MORGAN.
And a division was ordered.
The (question was then stated to be on the first  THE LESLATVE 
trace Ilu  tiraesolutio,  wtl: that hereafter  On motion of Mr. FIERY, the Convention re —
she lould  tle daily meeting of the Convantion, sumed the consideration of the special order ofL
The yeals and na s' wer     e             th te G ay, being thereport heretofore submitted by'MrI. S  KIC;an  I nays were then ordered.  Mr. i'ouNSON, as chairman of the committee on
the C:vCon.    Iesre, With the permissi an of the Legislative department.
the fCon)v  Batinlto put ait enquiry to the geIltle-  The fifth section (see yesterday's teg5',t;Y,)
titan fgeroilBaitniore city, (Mr. Gwirlnn.)  Has beintg under consideration,
the gentleman abandoned the pledge            Mr.'HOMAi   hd moed toaein Jd  t b sieratio n
yesterday gcave,~ tlatlie would to-day offer  rehc nh feMr  the worMAS had moved to ame'.  l insert-h
3  would to-day ofrer; I re-,., efter the word "day," in the.d,, the




301
words "in the year eighteen hundred and fifty.- inson, Sherwood, of Talbot, John Dennis, Wilfour."                                        liams, Hicks, Hodson, Phelps, Miller, Bowling,
And the pending question was on the-adoptio:n  Spencer, George, Wright, Dirickson, Hearn,
of the said amendment.                        Jacobs, Thomas, Gaither, Annan, Stephenson,
McHenry, Magraw, Nelson, Carter, Stewart, of
BIENNIAL SESSION.               Caroline, Stewart, of Baltimore city, Schley,
Mr. DIRICKSON, (to the President.) Is it no w  Fiery, Neill, Harbine, Davis, Brewer, Waters,
in order for me to make the motion, of vhicb I I Weber, Hollyday, Fitzpatrick, Smith, Parke and
yesterday gave notice, to reconsider the vo te Cockey-45.
heretofore taken on the second section,         So the amendment was rejected.
The PRESIDENT. It is in order.                Mr. PARKE moved to amend said second section
Mr. DIRICKSON. I make the motion.           by adding at the end thereof, the following proThe PRESIDENT. What is the precise m oti on viso:
of the gentleman?
Mofr.e Diuclso  1 desire to move a rc        "Provided, That the Delegates shall be elected
sideration of the vote of the Convention a do1 - for one year and the Senators for three years,
ting the amendment of the gentleman from Q  lee: n (one-third of the latter annually, as near as may
Anne, (Mr. Spencer,) to the second section o f be,) as soon as a majority of the legal voters of
the State, at some general election shall have de3the reportion floe bten.thei.              cided in favor of a change from biennial to anSome conversation followed between the Cha                   Legislature; ad the General
an  r. DIRICKSON, as to the mode by which t  nua.l sessions of the Legislature; and the General
oband Mcr. DIRICKb, as to the mode by which tnf  Assembly shall have the power to provide by law
Mr. DcIRucKso  moved to reconsider the vot      taking the sense of the people as aforesaid,
i.F  and for making all arrangement necessary to
of the Convention adopting the second section     for maing all arrangement necessary to
oi~~the repor~t, tZ dcarry such change into effect, should a majority
the repolty as 3,                            of the legal voters determine in favor thereof."
The quostion was taken, and by ayes 32, noes',
20,he votion was  takreonsidered.             Mr. PARKE said he did not desire to interpose
20, the vot,e was reconsidered.                                         of biennial sessions
Mr. DaRI'KeSON then moved to reconsider the  any delay.  -le was in favor of biennial sessions
vote by whic'i the amendment of Mr. SPENCEre  at present, but that there should be the power in
had been adopted, (i. e. the amendment submit-  the Legislature, to change the time so soon as
ting to the people the question of annual or bien-  *the people could be relieved from direct taxation.
ting to the people the question of annual or bien"This, he was inclined to believe, would accord
nial sessions.,v with the feelings of the people themselves.
The question was taken, and the vote was re-  The questior.was taken, and the amendment
considered.                                  was rejected.
And the question then being on agreeing to  was reec     tttd.
Mr. SPENCER'S amendment,'I'he question then recurred on the adoption of
Mr. SPENCER'S amendment,               t of the said section, as amended.
Some conversation followed on a point of the said section, as amended.
~~O~~~~rder.  ~~1hIr. PiELPS demanded the previous quesorder.                                      ti on.
Mr. SPENCER expressed his desire to withdraw  A r. MCHENRY enquired of the chair, whether
the amendment.                               th.:action of the Convention would be final, or
Some conversation  followed on the point wlveither it would again be in order to move areorder.                                       co ns:ideration.
The PRESIDENT then expressed his opinion that  lhe PRESIDENT said that, under the rule, it
under a liberal construction of the sixteenth rule, ha' been the practice to reconsider more than
the gentleman from Queen Anne, (Mr. Spencer,) on(,e.
might withdraw his amendment.                  r'he call for the previous question was then
Mr. SPENCER thereupon withdrew the amend- sec ended.
ment.                                           [ [he main question was ordered, and having
The question then recurred on the adoption of' be( n taken, the section, as amended, was adopthe section.                                 ted.
Mr. WELLS moved to amend the said second     ruhe Convention now resumed the considerasection, by adding at the end thereof the follow- tion of the motion of Mr. THOMAS, to amend the
ing:                                        fifth, section, as amended, by striking out, in the
"And the sessions of the General Assembly sec ond line, the words, "in every," and inserting
shall be annual."                           in lieu thereof, the words, "in the year 1854, and
Mr. WELLS asked the yeas and nays on the   on the same day in every second year."
said amendment, which were ordered, and being  pr. THOMAs made some explanatory remarks
taken, resulted as follows:                  as to the effect of the amendment which he had.Jffirnlative-Messrs. Chapman, President,Mor- offered, which was intended to make the bill congarn, Donaldson, Dorsey, Wells, Merrick, Buch- sistent throughout, stating that it was rendered neanan, Welch, Constable, Chamrbers, of Cecil, cessary by the amendment to the fifth section
McCullough, Sprigg, Shriver, Biser, Gwinn, which had been engrafted in it on the motion of
Brent, of Baltimore city, Sherwood, of Baltimore the gentleman from Queen Anne, (Mr. Spencer.)
city, Warn, Anderson, Ege, Shower and Brown  He briefly showed what would be the effect of
— 22.                                        the adoption of the fifth section as it had been
e^ative-Messrs. Licaud, Chambers, of Kent, amended, without the amendment he (Mr. T.)
Mitchell, Dalrymple, Bj]l, Ridgely, Lloyd, Dick- had now proposed, and then consistency would




302
be restored to the bill by the adoption of his from Frederick was not adopted, the consequence
amendment.                                 would be, that the Delegates would be elected
Mr. DONALDSON said the whole of the pro- eighteen months before the session.
gramme of the gentleman from Frederick was   Mr. CHAMBERS. The gentleman from Fredeentirely consistent with his opinion in favor of rick, (Mr. Thomas,) was mistaken in the fact
biennial sessions. But, as he illustrated in a few  that the House had passed upon the question of
explanatory remarks, it was directly in conflict the time of the election. His friend from Anne
with the amendment he (Mr. D.) had offered.  Arundel, (Mr. Donaldson,) had offered an amendMr. CHAMBERS said:                       ment to the third section, which was intended to.
The bill as framed by the committee contem- settle that question, but being one of importance
plated annual sessions. A vote of the House ap- it was passed over informally in consequence of
parently decisive, had expressed a preference for the absence of a large number of members. It.
biennial sessions. The amendments so far adopt- was no great evidence of temerity, therefore, to
ed, would require the first election for the first presume, as he had ventured to do, that the
Ibiennial session to be held in the fall of 1852, un- House would provide for an election four months
less, indeed, it should be designed to have the prior to the session, rather than sixteen months,election sixteen months before the session com- before the members elect would take their seats.:menced, instead of four, which he could not pre- As the matter stood, without the amendment now
sume to be the design. The amendment now   for the first time offered, that was the only quesoffered by the gentleman from Frederick, (Mr. tion. In regard to this amendment, he must
Thomas,) was calculated to foreclose that ques- again ask, " cui bono?" The gentleman had
tion. He thought it ought to await the action of heard his objections, very briefly to be sure, but
a full house. He regarded it as an important very distinctly stated; first, that every one who
question, and thought the elections ought to be encouraged the exercise of this great prerogative
thrown upon the even years, so that every alter- of a freeman-the right of suffrage-should mulnate election should occur at the same time as tiply the facilities and inducements to a lull exthe election for electors of President.    pression of popular sentiment; and, secondly,
It was certainly desirable in every general that every motive of economy was disregarded
election to furnish every facility and every in- by the proposed measure. He could no t  t tinducement to voters to express their opinions. vite the attention of the House to the fact that
e thought it quiter undeniable that a more ful the gentleman had not even made a beginning to
He thought it quite undeniable that a more full answer these objections.
expression of popular sentiment could be expect- answer these obections.
ed, when in addition to the interest excited by  Mr. THOMAS suggested that if the gentleman
the election for State officers, there would be from Kent was willing to do so, they might go
added the further interest of a Presidential elec- back to the third section and test the sense of the
tion. To this motive was added another-that House by a vote, which would settle the difficulof economy. Why incur the unnecessaryexpense ty.
of two elections, when you gain all the advanta-  Mr. CHAMBERS. The reason which induced
ges, and indeed additional advantages, by having the House to pass informally by the third secone? Not only would the number of voters be tion is of greater force now. If so important a
diminished, and the permanent expenses of the measure should be determined by so thin a House
counties be unnecessarily increased, but we are as we now have, it would of course be reconsidnow asked to provide for a third annual session ered when absent members resume their seats.
of the Legislature to enable us to bring about He wished the subject still to remain open.
these mischiefs. He held it to be altogether un-  The question was then stated to be the amendnecessary to hold three successive sessions to merit of Mr. THOMAS.
carry out the details of the provisions to be adopt-ed the yeas and nys.
(ed in the new Constitution. It ought all to be,done in a single session-certainly in two.   Which were ordered; and
Mr. THOMAS briefly replied that as the House  Being taken, resulted as follows:
had already determined as to the time of elec-.ffirmative-Messrs. Buchanan, Bell, Welch,
tions, that question was settled. It had also in- Ridgely, Lloyd, Dickinson, Sherwood of Talbot,
corporated the amendment offered by the gentle- Chambers of Cecil, McCullough, McLane, Spenman from Queen Anne's, to the ifth section, and cer, George, Wright, Thomas, Shriver, Gaither,
that without the present amendment, rendered Biser, Annan, Stephenson, McHenry, Magraw,
the bill a deformity. He stated that he had Nelson, Carter, Stewart of Caroline, Gwinn,
agreed to the amendment making it imperative Brent of Baltimore city, Ware, Harbine, Brewon the Legislature to hold a second session, be- er, Anderson, Weber, Hollyday, Fitzpatrick,
cause he believed that the Legislature would Ege, Shower and Brown-36.
have done so without such provision. His sole  JNegative-Messrs. Chapman, President, Riobject was to make one section in accordance caud, Chambers of Kent, Mitchell, Donaldson,
with another,'and his amendment would be in Dorsey, Wells, Dalrymple, Merrick, John Denstrict conformity with the provisions agreed on by nis, Williams, Hicks, Hodson, Sprigg, Bowling,
the House.                                  Dirickson, Jacobs, Stewart of Baltimore city,
Mr. MERRICK said he certainly preferred that Schley, Fiery, Neill, Davis, Waters, Smith,
the sessions of the Legislature should be held in Parke and Cockey-27.
even years. If the amendment of the gentleman  So the amendment was agreed to.




303
The question then was on the adoption of the  object of which was, to postpone the rights of
said fifth section, as amended;              naturalized citizens. Was any beneficial object
The question was taken, and               to be effected by it? He saw no reason for such a
The section as amended, was adopted.       provision. When the old Constitution was formed
Mr. CHAMBERS, of Kent, gave notice that when it was not considered necessary that either the
there should be a full Convention, he would  Governor, a Senator or a member of the House
move to reconsider the vote by which the amend- of Delegates, should b, a citizen, nor was it conment of Mr. THOMAS, had been adopted.       sidered that voters should be so until the year
The sixth section was then read as follows:  1836. That, however, was wrong; and the conSec. 6. The General Assembly may continue stitutional amendments of 1836 provided the remtheir first two sessions after the adoption of this edy. Butit appeared to him to be altogether
Constitution, as long as in the opinion ofhetwo uecessary to require the lapse of five years
Houses, the public interest may require it, but afternaturalization before a naturalized foreignall subsequent regular sessions of the General er can be admitted to the privileges of a native
Assembly shall be closed on the tenth day of born citizen.
March next ensuing the time of their commence-  He was unwilling to impose unnecessary resment, unless the same shall be closed at an ear- traints on naturalized citizens; they ought to have:
lier day by the agreement of the two Houses.  the same rights as natives. There was not the:
Mr. PARKE moved to amend the section by least danger of the State being so overrun by
striking out "two sessions" and inserting "ses- naturalized citizens, as to render them dangerous;
sion."                                      to the native born population. Maryland held out.
The question was taken; and               no such inducements to their settlement in it, in!
The amendment was rejected.               such excessive numbers, as did the new States. If
And then the section was adopted.         naturalized citizens settle among us and give?
The seventh section was read as follows:  proof of their attachment to our institutions, by
so conducting themselves as to obtain the respect
Sec. 7. No person shall be eligible as a Sena- and confidence of the community, their fellowtor or Delegate who, at the time of his election, citizens think proper to elect them to responsible
is not a citizen of the United States, and who stations, he would not interpose in this respect
has not resided at least three years next preced- any restriction to the wishes of the people. He
ing the day of his election in the State, and the saw no benefit in its interposition-no evil resultlast year thereof in the    which he may be ing from its omission. He would deem it wrong
chosen to represent, if such     shall have to put a limit of this kind on the free exercise of
been so long established, and if not, then in the the elective franchise, and eligibility to office.
county from which in whole or in part, the same In the State of Maine, he believed, there was a
may have been formed; nor shall any person be restriction of this kind, where the population is
eligible as a Senator, unless he shall have also made up, in some portions of the State, of Enattained the age of  years, nor as a Delegate glish and Irish, and other foreigners, which renunless he shall have attained the age of twenty- dered it necessary, in the opinion of those who
one years at the time of his election.      framed the Constitution of that State, to impose
Mr. THOMAS moved to fill the blankin the such restriction.
fourth line, with the words "county, city, or
district. "''      Butin this State,he repeated, we had no
Mr. DORSEY moved to amend the amendment ground of apprehension of an excessive or danby striking out the word "district."        gerous influx of foreign population; and if the
After a brief explanation between Messrs. people chose to elect a naturalized citizen to an
THOMAS and DORSEY-                          office of trust and honor, he knew no reason why
Mr. THOMAS accepted Mr. DORSEY'S amend- they should be restricted in their choice.
ment.                                         Mr. SPRIGG interposed and said, that if the
The amendment thus modified, was agreed   gentleman from  Anne Arundel, (Mr. Dorsey,)
to.                                         would yield the floor for the purpose, he, (Mr.
And the same words,                       S.,) would relieve the gentleman from the neOn motion of Mr. THOMAS,                  cessity of further discussion.
Were inserted in the fifth line of the sec-  He, (Mr. S.,) had no intention to excite detion.                                       bate on this or any other question. With the
Mr. SPRIGG moved to amend the seventh sec- permission of the gentleman, he would withdraw
tion, as follows:                           his amendment.
Strike out in the second line, the words "is  Mr. DORSEY yielding the floor for the purnot a citizen of the United States," and insert, pose;
"has not been a citizen of the United States for  Mr. SPRIGG withdrew his amendment.
at least five years "                         Mr. MCHENRY moved to amend the section by
Mr. BROWN. This is an important amendment. striking out all from the words "United States,"
I ask the yeas and nays.                    to the word "nor" in the seventh line, and inserMr. THOMAS called for a division of the ques- ting "and of this State."
tion, first on striking out.                  Mr. McH. said, that the requirement of three
Mr. DoRSEY said:                          years residence would be avoided by the adopHe was opposed to the proposition of the gen. tion of his amendment. He thought the people
tleman from Prince George's, (Mr. Sprigg,) the were always sufficiently jealous of any encroach



304
tirent on their rights, to keep a strict guard ove r years. The restriction would operate on the
them; and he would oppose the proposition'to native, equally with the naturalized citizen.
impose a restriction, where the choice of tl ie  The question was then taken, and the amendpeople should be untrammeled. An individu al ment of Mr. DORSEY was rejected.
may possess every requisite qualification; m ay  Mr. MERRICK moved to amend said section by
stand well in the estimation of his fellow citize ns, filling the blank, in the eighth line, with "thirty."
and in every respect may be just the man requ ir-  Mr. SCHLEY moved to fill the blank with
ed by the public wishes and the public interes,ts; "twenty-five."
but because he has not resided in the county ( x-  And the question was first on the longest time.
actly the time prescribed, the people are to be  The amendment of Mr. MERRICK was rejectdebarred from electing him. It did not requ ire ed.
a multiplicity of words to show the impolicy of  And the amendment of Mr. SCHLEY was agreed
such a restriction; and he would, therefore, re- to.
frain from troubling the House with any furt her  The section was further verbally amended on
remarks.                                    motion of Mr. DORSEY.
Mr. PHELPS said:                            The section, as amended, was then adopted.
The eighth section of the report was read and
Thatif the principle was to be admitted that it  The eighth section of the report was read and
is wrong in any case, to put a restriction on the adopted, as follows:
right of election, we may as well say at once  Section 8th. No member of Congress, or person
that a person may be taken from the county of holding any Civil or Military office under the
Dorchester, to represent the county of Harford, United States, shall be eligible to a seat in the
or from Harford to represent Dorchester, or do General Assembly, and if any person shall, after
away at once, with all qualification on the score his election as a member of either House of the
of residence. But, to do this, would be in viola- General Assembly, be elected to Congress or be
tion of the principles on which our political in- appointed to any office, Civil or Military, under
stitutions are founded. It was proper that there the government of the United States, his acceptshould be a certain prescribed term of residence ance thereof shall vacate his seat.
before a citizen is eligible to offices of trust and  The ninth section was read as follows:
emolument.                                    Section 9th. No Priest, Clergyman or Teacher
He hoped the amendmentof the gentletan of any religious persuasion, society or sect, and
from Harford would not prevail. He could see no person holding any civil office of profit under
no force in the argument the gentleman hlad this State, except Justices of the Peace, shall be
brought forward in support of his proposition.  capable of having a seat in the General AssemMr. MCHENRY replied, that if the gentleman bly.
from Dorchester could see no argument in what  Mr. GwiNN moved to amend it by striking out
he, (Mr. McH.,) had advanced, the gentlen an      Gw        edo              t 
from Dorchester certainly did not meet it withe secon
~~~~any argument.  ~On a question put by niMr. SPENCER as to the
Mr. PHELPS explained. He had said he did effect of this amendment, a brief conversation
not comprehend the force of the argument of the took place, in which Mr. DORSEY, Mr. GWINN,
gentleman from Harford, but he disavowed any and Mr. SPENCER took part, when Mr. RIDGELY
suggested that his colleague, (the Reverend Mr.
fu sntention to use that language in any disrespect- CHANDLER,) was absent from his seat owing to
The question was then taken on the amend- severe indisposition in his family, and that he
Tm    etonstenta onf Mr. M~CHENrY;w a nd  ished to be heard on this question. He therefbrc asked of the courtesy of the House to pass
It was rejected.                          over this matter informally for the present.
Mr. DORSEY moved to amend said section by   The PRESIDENT said, that under the practice
striking out "three" in the third line, and insert- of the Convention, unanimous consent would be
ing in lieu thereof "two."                 required to pass over the section informally.
Mr. DORSEY said that hitherto twelve months  Some conversation followed, after which,
residence had been what was required for a                  Mr. MHENR     the consideraDelegate, and three years for a Senator. It oc- tion of    M.       E         the o er
tion of the section was postponed until the other
curred to him that two years would be quite section   of the  s ection was postponed until the other
enough for either. If a gentle.nman well known sections of the report should have beed.  considerin the neighboring States of Pennsylvania or e
Delaware, near the confines of Maryland, and  The tenth section of the report was read as
generally respected, should move his residence follows:
over the line into our State, it would not be ne-  Section 10th. Every Senator and Delegate becessary, if he were known and esteemed, that he fore he acts as such, shall take and subscribe the
should have a long residence to qualify him for following oath or affirmation, viz: "I do solemnoffice. It was only necessary for the candidate ly swear, (or affirm as the case may be,) that I
to have been a sufficient length of time in the will support the Constitution of the United States,
State and county, to know what were the inter- and the Constitution of the State of Maryland,
ests of the State and of his immediate constitu- and that I will faithfully discharge my duties as
ents. If the people knew him to be'properly Senator, (or Delegate as the case may be,) withqualified, no public inconvenience would result dut prejudice or partiality, and to the best of my
from their electing him after a residence of two ability."




305
Mr. CHnaBERS, of Kent, (with a view, he said, could never be in such a' condition but that five.o avoid the multiplication of oaths,) offered a members could be found ready to second a call
substitute oath.                           lor the yeas and nays. He thought the clause a
Mr. SPENCER moved an amendment.          novel one to be engrafted in a written ConstituSome. explanation followed between Messrs. tion.
CHABsERS and SPENCER, and STEWART, of Caro-   1r. ICAUD withdrew his amendment.
^line.'       | Mr. CInABERsa  moved to amend the section by
Mr. STEWART, Of Caroline, moved to strike providing that the yeas ant nays should be orderout the section.                           ed on the call of three, (instead of five) members
Mr. CHAMBERS, of Kent, acquiescing in: a sugofthe en
sg tr RiCAUD S   e     one.
gestion of Mr.'STEWART to that effect, withdrew  RCUD suggest   one
his'amendment.'                         Mr. CHAMBEKS, of Kent, accepted the modifiThe question was then taken on the motion of cation
Mr. STEWART,                                 The amendment, as modified, was adopted.
And the section was' stricken out.         And the section, as amended, was adopted.
The eleventh'sectioh of the report was ea, as  The fifteenth section was read and adopted, as
follows:                                   follows:
Sec. 1ith. The Senate, upon assembling, shall  Sec. 15th. Neither House shall, without the
choose a Presiient and its other officers, and the consent of the other, adjourn fr more than three
House of'Delegates when assembled shall choose days, nor to any other place than that in which
a Speaker and its other officers-each House theouses shall be sitting. without the concur-,
shiall be judge of the qua-ifications, elections and rent vote of two-thirds of the members present of
returns of its members, but a contested election both Houses.
shall be-determined in such manner as shall be  The sixteenth section was then read, as foldirected by law.                            lows:
Mr. DORSET, (to meet a suggestion of Mr.    Sec. 16th. The enacting clause of every bill
Chambers, of Kent,) moved to amend the said shall be, " Be it enacted by the General Assemsection by inserting after the word "determined," i blv of Maryland," and no law shall be enacted
in the fifth line, the following:           except by Bill.
"'By the House in whih such contests may    Mr. DORSEY said, that if chance, for the sake
arise."                                     of change, was not the order of the day, he should
The amendment was agreed to.              prefer the language of the old Constitution. But
And the section, as amended, was adopted.  if we were to have change, he would move to
The twelfth section was read and adopted as amend the said section by inserting after the
follows:                                   word "the," in the first line, the words' conmmencement of the first."
Sec. 12th. A majority of each House shall con- mn en of the 
ititu'tea quorum for the transaction of business,. CIAM   hoped, he said, that the Convention would stand by the language of the old
but a smaller Ctambetr may adjourn from day to Constitution so far as practicable.
day, and may compel the attendance of absent      amenment of M    D        a 
members in sich manner and under such penal-. 
ties as each House may prescribe.             Mr. STEWART, of Carolirie, moved to amend
he thirteents rd ad a       d  the section by adding, at the end thereof, the.The thirteenth section was read and adopted,
as f6llows:                                words,
Sec. -13th. The< doors-of each House and:of  "And that all laws be passed by original Bill
Sec. 13th. The doors of each House and of
committees of the whole shall be open, except and not as supplement."
when thebusiness issuch as oughtto be  Mr. STIEWART, of Caroline, pointed out the
when the business is such as ought'to be kept se- coifusion and embarrassment, Which were pro
krept    confusion and embarrassment, which were proTefutet'ccrto         wsraetd, asf         duced in the laws, by the practiceof passing supThe fourteenthsection was read, as follows: plementary acts. The original law, embracing'Sec. 14th. Each House shall keep a Journal of every variety of subjects, has been permitted to
its proceedings and cause the same to be publish- stand, and supplements have passed, until a very
ed —theyeas arid nays of the members on any few lines of the original law remain in force.
question shall, at the desire of any five of them, And it is impossible for the people to tell what is
be entered on:the journal.                 in'force as law, or what hasbeen repealed. Laws
Mr. STEPHENSON moved to amend by striking are enacted for all classes of the community, and
out "five," and inserting in lieu thereof "two." should be plain and intelligible. All laws should
The. motion was rejected.                 be passed by original bill, and in the langua.e of
Mr. RICAUD moved to amend by striking out his amendment should embrace but one subject,
the last clause of the section, (in regard to the and that subject should be described in the title
yeas and nays,                              of the law.
Mr. THOMAS stated that this amendment plre-  Mr. SPENCER said the amendment was one
supposes the case where-a majority of members which would produce much difficulty. It would
present may not wish their votes to go out to the lead to great delay in legislation, and would
world, and therefore do not desire to have the furnish a crib from which to feed the printers.
yeas and nays recorded. The number of five is  Mr. STEWART replied, that the cost of print
specified; because it is believed that the House ing, if the benefit and good that would I esult,
39




306
was quadruple, should not prevent the passage of petent men, under the present system, may draft
the amendment. Thegentleman from Queen laws and get them passed in an imperfect form.
Anne's, had said that if would create a great crib How, he would ask, could the Legislature pass
forthe printers. He,(Mr.S.,)knew not why there wise and judicious amendments to laws, when
ought not to be a crib for printers, as well as one they knew not what the laws were. As well
for lawyers, for surely the present mode of legis- might you expect a man, who knew nothing of
lation is one of the latter kind. But in framing mechanics to repair an engine properly, as that
a Constitution for a great and growing State, we the Legislature should amend a law wisely, when
should not look to any one class of the commu- they knew nothing of the law that they were
nity alone, but endeavor to secure the greatest amending. Many amendatory supplements, now,
good to the greatest number.               require explanatory acts, and thus supplement is
Mr. HARBINE expressed himself entirely favor- added to law, and law to supplement, until it reable to the object of the amendment, but he could quires judges, lawyers, and jurymen, to find out
not see how the difficulty against which it was di- what the law is. There are many penal, statrected, could be overcome. One-half the mem- utes that is of vital importance, that they should
bers of the Legislature,would notknow where to be understood and yet in many cases, they were
find these laws. If we are to provide for the so covered up amid supplementsand anendments,
codification of our system, then indeed this pro- that it is often difficult to find the true law. If
per reform might be carried into effect. Without a farmer or mechanic should desire to prove an
such codification, the gentleman from Caroline, account to be sent out of the State, or one against
could not get at the object of his amendment.  a deceased person, he doubted whether they
Mr. BROWN said the difficulty with him was could find the law. The laws are now so voluthis. If the Legislature put all the laws relating minous, that but few will incur the expense of
to a subject, which have not been repealed, into their purchase.
one, it would amount to a codification, and it  The latter part of the amendment has met with
would take a long time, perhaps twelve months, the strongest opposition. Is itbecause it is some[Mr. Schley, in his seat, "twelve years."], to ac- thing new? He was aware that there were many
complish it.                               persons averse to change-that prefer old things
Mr. SPENCER thought the subject was sur- and customs to new. This is an age of progress
rounded with difficulties. If every time we find and improvement. We cannot look around anya defect in a law, the Legislature is to re-enact where in this great and flourishing Union, but
it, there will be no end of legislation. Almost what we see improvement and progress. There
every law will have to be re-enacted, and the is no nobility in old usages and customs. Every
sessions must become interminable. He refered thing is appreciated for its intrinsic worth.
to the insolvent laws, and the attachment system,  What, he would ask, does tle latter part of the
which would, in such cases, lead to long discus- amendment propose? "No law shallbe revived
sions, so as to protract the sittings of the Legis- or amended by reference to its title only." Is
lature.'                                  not that right and reasonable? Does not every
Mr. STEWART, of Caroline, said that he felt a one know that laws are often amended or revived
deep interest in the amendment that he had of- by reference to their title only? This, then, is
fered, because he thought it would remedy many to prevent such mode of reviving and amending
of the evils that exist under the present mode of laws. Then agaih, "but in such case, all such
legislation, and work great good to the people of parts of the act to be revived or amended, that
the State.                                 are embraced in the object of the bill, shall be'T'he gentleman from  Queen Anne's, (Mr. re-enacted and published at length. If this be
Spencer,) has said that the adoption of the adopted, the Legislature, before they can reviye
amendment, would lead to interminable sessions or amend a law, must have itbefore them. They
of the Legislature. He (Mr. S.) did not think  must then know what it is they are to revive or
so. If the plan he had proposed, had been adopt- amend. It is also proposed to have the laws
ed at the commencement of our State Govern- codified. He was heartily in favor of it, and
ment, the whole volume of laws, instead of swell- when they were codified, the amendment he had
ing out to its present bulk and requiring a life- offered would keep them so. Without it, they
time of study to know them, would not now ex- would require codifying every ten years.
ceed, three or four hundred pages, and would be         moved toamend the amendment
understood by the most of the people. The ex-  Mr STEART, of Caroline b  ddi  the folisting evil calls for a remedy, and how else can Iw. 
it be applied except by a provision in the Consti-  1ng:
tution; and what better time can there be, to com-  "And no law enacted by the Legislature, shall
mence a new system of legislation than when the embrace more than one object, and that shall be
new Constitution has been adopted? It has re- described in its title, and no law shall be revised
peatedly been urged, against the amendment,  amended by reference to its title only."
that members of the Legislature could not know  Mr. DORSEY said he thought it very imporwhat tie laws were, and the gentleman from Anne tant the qualifications of the persons employed
Arundel, (Mr. Dorsey,) has said that they would in this work, should be well ascertained. No
have to go to a lawyer to get a simple amend- man should be permitted to discharge the duty
ment to a law drawn. There could not be no who is not a sound and experienced lawyer. The
stronger argument in favor of the amendment codification of our system of laws would require
than this. It is an acknowledgment that incom- great skill and care. The members of the Gen



307
eral Assembly were incompetent to the discharge  After the lapse of a few minutes-a quorum
of such a duty. If it was required that the Legis- being present,
lature should go back to the commencement of our  The journal of yesterday was read, and havlegal system, and codify all the laws, the qualifi- ing been amended as to an error in the statecations for such a task would rarely, if ever, be ment of Mr. THOMAS' amendment, was apfound in any House of Delegates. He referred also proved.
to the price of printing the work, as imposing a           LOTTERIES.
great expense on the State, and the work, when
completed, would be wosre than valueless. Every The PRESIDENT laid before the Convention a
member of the Legislature would be required to petition of sundry citizens of the city of New
familiarize himself with all its enactments be- York, praying the Convention to incorporate in
fore he would be competent to discharge the du- the organic law of this State, a provision entireties proposed to be assigned him.           y, and forever prohibiting the drawing of lotteMr. SCHLEY suggested that the gentleman from  ties within the State of Maryland.
Caroline, might better obtain his object by themoved that it be printed on the
mode adopted in the Constitution of the State of  Mr. DONALDSON moved that it be printed on the
Missouri, which he read. That he considered  ournal, (ittin the nes, wih th exception
to be the only feasible mode by which it could be  M           tat the petition be refetw
done. A colleague of his had early in the session, suggested the appointment of a committee red to the committee on the legislative departto revise the laws, but he could not find it in his ment;
file of journals  If a comissioner were appoin Mr. DORSEY expressed himself in favor of the
ted, and the clause from the Missouri Constitu- reference, but opposed to the printing of the petition were added, the amendment might be sim-               ti    on. t          of 
plified and made effective.        t was an innovation upon the practice of the
pMr. SPified and made effective.h          Convention, and would, he thought, open the
Mr. SPENCER notified the House that, at a pro- door to an expense Which could not readily be
per time, he, if no other member of the Conven- calculated.
tion did so, would bring forward a proposition re-. DOAL  sai
lative to arranging the laws in asystem. In this Mbr  DONALDSON said, his motion to print, e
way, he thought, the object of the gentleman  raced only the petiton, not Ihe names. The
from Caroline, might be accomplished.  The petition was very short, and as to the precedent,
great labor and expense to which the  d    he thought it could lead to no difficulty. But
great labor and expense to which the amendment few petitions were presented here. q'his came
of the gentleman would lead, was his great ob ew petitions were presented here. 1 his came
eio toe gentlen would lead, was his greast   obh- from a sister State, and as a matter of comity, he
jection to it in its present shape.
vMr. STEWART said this was a subject which thought it well that it should be printed
Mr. BRowN thought it was a doubtful question
had not occurred to his mind, at a very recent  Mr BROWN thought vwas a doubt  quesei
period. It was one which had given him much whether the petition ought een to be received.
reflection. He had no objection to pass over his If it was, the Convention might be called upon
proposition for the present.   pto receive petitions upon every other subject
proposition for the present.
And then, pending the question,           which the people of other States might think
The Convention adjourned until to-morrow  proper to intrude upon them. The Convention
morning at ten o'ulock.                     had not honored its own citizens by printing their
petitions, and he saw no reason why they should
treat petitions from other States with more respect than the petitions of our own people.
Mr. SMITH suggested that the petition was very
short, and that the printing could not be a matteriworth speaking of.
Whilst on the floor, he desired to present a
WEDNESDAY February 19, 1851.         petition.
The PRESIDENT said, the petition before the
The Convention, pursuant to the order yester- Convention must first be disposed of. The genday adopted, met at 10 o'clock.            tieman, (Mr. Smith,) could present his petition,
Prayer was made by the Rev. Mr. GRAUTFF.  after the pending proposition should have been
The roll was called.                      disposed of.
Mr. GWINN, (to the PRESIDENT.) I under-     Mr. DoRsEY said, he very much misunderstand there is not a quorum present.        stood the question, if the courtesy due from one
The PRESIDENT. No quorum, sir.            State to another, had any thing to do with this
Mr. GWTNN. I move that the doorkeeper be sent matter. The petition did not come from the
to notify the absent members to attend.     State of New York, but from some persons, lotOrdered accordingly.                      tery dealers or others, in New Yolk. He did
Mr. DAVIS moved that the Convention proceed not think that the Convention should show greatto the orders of the day.                   er rdspect to them, than to their own citizens.
The PRESIDENT stated, that the Convention   Mr. DONALDSON said, that in making the mowas not in a condition to proceed to business, no tion to print, he had not the slightest idea that it
quorum being lpesent.                       would lead to a discussion. It seemed to him
Mr. DAvi said, he hoped that fact would be that the minds of gentlemen were filled with
noted on the journal.                       chimeras. The petition showed one of the great




308
evils of our lottery system-it showed that we  Mr, BROWN said, he would now substitute for
were not only doing evil in our own State, but the motion which he had made:to lay the petisanctioning it in other States.           tion on the table, the motion suggested by the
Mr. D. gave notice that it was his intention to gentleman from Frederick, [Mr. Thomas,]'that
introduce a proposition, the object of which was the petition be rejected.
to bring the present lottery system to a close.  Mr. THiOMAS now modified his motion, so as to
In spealking of the courtesy which was due, substituit for it a motion, that the petition be
he did not mean to say that this petition came laid upon the table.
from the legal constituted authorities of the  Mr. STF.WART, of Caroline, thought that if this
State. He intended merely to say, that this was petition should be laid upon the table, and thus
a case in which laws of our own State, bad in slightly passed over, it might be considered distheinselves, had a tendency to demoralize the cit- iespectful to the people of the State of New
izens of New York as well as the citizers of Ma- York. He thought that the Convention ought
ryland, and he thought tiat a respectful corn- to treat with the utmost respect every petition
plaint and remonstrance against them, should be that came from the other States of the Union.
placed upon the journal.                     Mr. MEnLRICK called for the reading of the peAs to loading the journals down with such tition.
matter, he did not think that any difficulty was  Mr. THOMAs briefly re-stated the ground of his
to be apprelhended from that source. If the pe- objection to the petition.
tition had conme from our own citizens on a sub-  Mlr. MERRICK thought, he said, that this was
ject of similar importanre, he should havemoved an impertinent interference with our business.
that it be printed.                          Mr. TioMiAs. I think so, too.
Mr. B1TucIANAN said:                       The question was then taken on the motion of
H-e was utterly opposed to the lmotion of the Mr. THOXAS.
gentleman from Anne Arundel, (Mr. Donald-    And the motion having been decided in the
son.) It was the beginning of evil; no manlcould affirmative,
know where it would terminate, if this Conven-  The petition was laid upon the table.
tion, from comity, was to be called upon to print  Mr. SMITH presented a petition of sundry citithe petitions of citizens of other States. Gen- zens of Allegany county, praying that a provitlemen might be called upon to present petitions sion may be engrafied in the new Constitution,
of a very different and very exciting character. that the privilege to sell intoxicating liquors shall
Upon what principle of comity, of justice or not be granted to any person in any part of he
equality, could his friend'get rid of such petitions State, except the same shall be sanctioned, or
if this was printed?                       approved of by a majority of the voters in the
Now, he, [Mr. B.11 gave notice, that if this election district where the same is to ibesold.
proposition sllould prevail, he might himself be  The petition having been read,
called upon within a few days to present a peti-  Mr. SMITH moved its reference to committee,
tion from people of our own State, relating to a No. 14
subject of very great interest to them, and which  Mr. DORSEY mov.d a select committee.
he, in pursuance of this order, if it should be  The motion of Mr. SMITHI WaS agreed to,
adopted, might ask to be placed on the journal. and
He should not ask it because he did not think it  The petition was referred to committee No. 14.
proper to do so —but if he did so, he couldr not  The Convention then proceeded to the orders
see how the gentleman frfom Anne Arundel, [Mr. of the day.
Donaldson,] could oppose it.EILATV                               EA    ENT..LEGISLATlVE DEPARTMENT.
Mr. BrowN. 1 move that the petition be laid
upon the table.                              The Convention resumed the consideration of
Mr. B. did not press his motion-         the report of the committee on the legislative
Mr. THOMAS taking the floor.             department
Mr. T. suggested that, if a petition should be  When the Convention adjourned yesterday, the
received from the people ofa foreign State, be- following section was under consideration:
cause the object of it happened to accord with  Sec. 16th. The enacting clause of every bill
our own notions of morality, the question must shall be, "Be it enacted by the General Assemarise, what was the Convention to do, if a peti- bly of Maryland," and no law shall be enacted
tion should be impertinently presented here upon except by bill.
which we chose to judge for ourselves, whetlher  M. STEWART, of Caroline, had moved to
it was moral or not? Upon that ground he hoped amend the said section by adding at the end
that the petition would be rejected altogether. thereof, the following words:
If the Convention should receive a petitio ron  "And that all laws be passed by original bill
one subject; because it was believed that the ef-  tt a  ls e        l
feet was good, it might b6 called upon to rec ive d  t as sppleent.
petitions upon another, because the people of an-  And Mr. SPRIGG had moved to amend the
other State said, that the effect was injurious a.rd amendment by adding the following words:
pestilential. l-e hoped the Convention xWnould  "And no law elniacted by the Le gslature, shall
reject the petition,                        embrace more than one object, anc'1 that shall be
Mr. DONALDSON. I withdraw the motion: to described by its title, and no law shall be revised
print.                                      or amended by reference to its title.only."




Mr. STEWART, of Caroline, suggested that the not all, the States of the Union. In fact, in all
section should lie over informally for the pre- the States, so far as he had examined. The same
sent.                                      principle was recognized in the Constitution of
Mr. SCHLEY suggested to the gentleman to the United States.
withdraw his amendment for the present.      This is the case, also, in the Parliament of
Mr. STEWART withdrew his amendment, (in- Great Britain. The House of Commons has the
tending to offer it again.)                sole right of levying taxes, and of proposing
Mr. SPRIGG also withdrew his amendment, measures of revenue. This principle, in this
with the intention to offer it again in a different country, was doubtless borrowed from the Conplace.                                     stitution of England, and as public opinion, had
Mr. DORSE. moved a reconsideration of the solong sanctioned it, he saw no reason for devote on the sixteenth section, with the view to parting from it now.
offer an amendment.                          This amendment confined the origination of all
Mr. D. explained that his object in offering the bills for levying taxes, or raising revenue, to the
amendment, was to prevent a double or doubtful House of Delegates, but authorizes the Senate to
construction of the phraseology of the section, alter, change, or amend, all such bills. This is
and from a desire that the Constitution, in all its a departure from the principles of the present
parts, should be as clear and explicit as possi- Constitution of Maryland. The tenth section of
ble. -                                     the Constitution, gives to the House of Delegates,
Mr. BROWN was in favor of the reconsidera- the right to levy taxes, &c., and the eleventh
tion, and said that if the motion should prevail, goes on to define, what may, and what may not,
he would move to substitute the language of the be regarded as money-bills, so as the one House
old Constitution..                         should not infringe upon the rights of the other.
The vote on the adoption of the section was The construction given to these sections in the
reconsidered.                              Maryland Senate, was always very strict, and
Mr. BRowN moved to amend said section, by denied to that body the right to make the slightstriking out, in the first line, the words "the en- est modifications, or the most trifling alteration,
acting clause of every bill shall be," and inserting  in any bill which had for its object, the levying of
in lieu thereof, the words "that the style of all taxes, or the disposing, in any manner, of the
laws.run thus."                            public revenue.
Mr. SCHLEY moved to amend the amendme nt   Long experience in the Senate, had convinced
by striking out the words "run thus," and substi- him, that there shouldbe, at least, some enlargetuting in lieu thereof, the words "of this State  ment of power upon the subject. Bills often
shall be."                                 came to that body from the House, and for want
Mr. BROWN accepted the modification.     of power to make perhaps some slight alteration,
The amendment of Mr. SCHLEY was agreed to. or amendment, the bill failed to become a law,
And the sixteenth section, as amended, was when the mainfeatures of the bill were approved
adopted.                                   by the Senate.
The seventeenth section of the bill was read  Mr. PHELPS said, in order to avoid the two
as follows:                                extremes, he had proposed this amendment, and
ifitbe engrafted upon the Constitution, the Senate
Sec. 17th. Any bill may originate in either may amend money bills, although they may not
House of the General Assembly, and be altered, originate them. It will doubtless be said, if the
amended or rejected by the other, but no bill Senate possess the'power to amend a bill of this
shall have the force of a law until it be read on character, that they may so change the features
three different days in each House, unless in case of the bill, as to some extent, to conflict with the
of urgency three-fourths of the House, where design of the House, in its origination. If so,
such bill is depending, shall dispense with this when returned to the House for its subsequent
rule.                                      action, the House can but reject the amendment,
Mr. PHELPS moved to amend said section, by  and adhere to the original proposition. The
striking out in the first line, the words, "any power to amend money bills exists in the Senate
bill," and inserting in lieu thereof the follow- of the United States, and is frequently exercised
ing:                                       by that body, without injury, so far as he knew,
to the public service.
"Bills for raising revenue or levying taxes,  Th the public s ervice.
shall originate in the House of Delegates, but the. is,  that in the construction of our legislative
Senate ma altr, amen or rject thm a other bodies, one house should be regarded as the poS. PHELPSd~  said:~   ~pular branch, reflecting the popular will, whilst
Mr. PHELPS satd:                         the other, is farther removed from the people,
In offering the amendment just read, he felt no and should be more independent, and more conparticular personal interest. He had done so, servative in its character. It is true this princibecause he regarded the section, as reported by pie, in these later days, have been much infringthe committee, as unusual, and contrary to the ed upon, and to some extent at least, both Houses
well recognized principles, in the legislation of have been merged into popular branches. The
the whole country.                         subsequent history of the country, will developThe origination of what is familiarly called the fact, whether this be, or be not, an improve"money-bills, "is confined to the immediate repre- ment. For his part he was free to say, he would
sentative branch of the Legislature, in most, if I like to see the Senate what it was designed to




310
be, by the fathers of our country, a highly inde- restriction as to money-bills had been originally
pendent and conservative branch of the Gov- placed in the Constitution, (which was, that the
ernment.                                  House of Delegates, being then the territorial
But, Mr. President, although this principle, as branch of the Legislature, should alone levy
before remarked, has to some extent been in- taxes on the people,) and to the inconveniences
fringed upon, yet we still recognize two distinct and delays in legislation which he had himself
branches of our Legislature, and the House of witnessed from the practical operation of the reDelegates is regarded as the popular branch of the strictive clause. He was satisfied that, in this
Government and, therefore, more immediately State, there was no necessity for a restriction in
responsible to the people for their action.  either branch. Bills could not become laws exFor this reason, he said, he preferred to con- cept by the concurrence of both Houses; and
fine to the House of Delegates, the power of le- there was no fear that the legislation would not
vying taxes, and of raising revenue, and was un- be equal and impartial.
Willing to give to the Senate powers not delega-  Mr. PHELPS directed the attention of the Conted to it by any other State Constitution, so far vention to the article of the old Constitution,
as he knew in the whole Union, and not recogni- placing restraint upon the Senate in regard to
zed either, in the Constitution of the General money-bills. Mr. P. agreed with the gentleman
Government.                               from Anne Arundel, [Mr. Dorsey,] that great inAgain, if we admit for the sake of the argu- conveniences had arisen under that particular
ment, that both branches of the Legislature is clause; and to get rid of that difficulty, he [Mr.
equally popular, and equally dependent upon the P.] had offered his amendment giving to the Senpeople for their power; if we admit that both ate the power to change or amend such bills.
branches are elevated to their position from the  It was said, that this restriction was an obsosame source, and are equally dependent upon the lete idea. But he found that it had been adoptpeople for their continuation in office; still he ed in various new constitutions of different States,
preferred the House of Delegates should exclu- within a few years past, [in all of which the Sensively exercise this power. They were emphati- ate was elected by the people.]  He thought it
cally the popular branch of the Legislature. highly proper that the immediate representatives
They were elected for a shorter term, and were of the people should have the sole power to orimore immediately, and more distinctly responsi- ginate money-bills-but that the right to alter, to
ble to the people; and besides they were more change and amend them should be given to the
numerous.                                  Senate. It was not yet certain that the House of
The Senate as now organized, is composed of Delegates would not remain the territorial branch
twenty-one members, and the House of Delgates of the Legislature. The basis of representation
would therefore, in his estimation, more fully had not yet been settled. The Convention, howand more truthfully represent the opinions and ever, could dispose of the amendment as it thought
the wishes of all class of the community, than proper. He should be satisfied with the decision,
would the Senate. The power of levying taxes, whatever it might be.
is perhaps one of the highest prerogatives of a  Mr. DORSEY suggested that the same reason
free Government, and should therefore be pro- existed for giving to the Senate the power tn oriperly guarded. He was unwilling for his part, ginate, that gave them the power to alter or
to see long established usages in this respect de- amend; and that, to be consistent, the Convenparted from without good and sufficient reasons. tion must adopt the principle of the old ConstituMr. MERRICK said, he thought the bill had bet- tion, and leave them no power to do either.
ter remain as it was.  This notion of denying to  Mr. PHELPS. I will only say, that the Senate
the Senate the privilege of originating money- of the United States have the power to alter and
bills, was an obsolete idea. It was behind the amend money-bills, and so have the Senates of
times, and originated in a jealousy of an aristo- nearly all the States.
cratic branch.  There was such a branch in   The question was then taken and decided in the
England, and probably there had been similar negative.
branches here. But things were all changed.  So the amendment of Mr. PHELPS was rejectHere we were now all democratic. He saw no ed.
necessity for prohibiting one branch of the legis-  Mr. WELLS moved the followinjriLmendment,
lature, any more than the other, from originating to come in after the word "House,fsvhere it first
laws. Both branches must concur in passing a occurs, in the fourth line, the words:
bill-and both branches ought to have the privi-  "Nor shall any bill originate in either House
lege of originating all such bills, as in their opin- during the last three days of the session."
ion, the interests of the people might require.  Some conversation followed, as to the construcLet us not keep up obsolete usages, when the rea- tion to be given to the section as thus amended,
sons which called them into being had ceased to when
exist.                                       Mr. DORSEY, [on behalf of Mr. Wells, not at
Mr. Doasry was opposed to the amendment. He the moment in his seat,] changed the position o0
did not think that, in view of what would be the the amendment so as to make it come in at the
organization of the Legislature of the State of end of the section.
Maryland, or, in fact. of what that organization  Mr. SPENCER said he should vote against the
now was, that such an amendment ought to pre- amendment because we were to have biennial
vail.                                      sessions. The legislature must be entrusted with
He referred to the principle upon which the some discretion-and an emergency might arise




311
within the last few days of the session, which  nothing on earth was perfect-and that the busimight render its exercise necessary.        ness of the legislature, during the last days of its
Mr. BROWN suggested that if the amendment session, was conducted with irregularity. But
should be adopted, it would change the prece- that was the fault of the legislators themselvesding part of the section. The power to pass a  not of the law. And even that irregularity took
bill in case of urgency would be taken away.  place only as to matters of indifferent interest,
Mr. CHAMBERS, of Kent, said it did not affect and not as to matters of grave and general conthat question at all; and gave his construction o  cern. If the amendment should prevail, the legthe section.                                islature would not be able, even by unanimous
Some conversation followed.               concurrence, as to the necessity of the case, to
Mr. BROWN said, he would not press his view  bring in a bill whatever the emergency might be.
of the question, though it appeared to him that In his experience, he had known such emergenthe amendment tangled up the section.       cies. He referred to the ten millions bill passed
Mr. MERRICK said, that he thought the three- by Congress within the last two or three days of
fourths vote required by the section was an ample the expiration of its term, to enable the adminisguaranty against any improper legislation. The tration to put the country into a state of defence
Convention might be satisfied that three-fourths supposed to be necessary by the N avy Island [Carof the Legislature would never concur in any le- oline] affair.
gislation that was not necessary.  Why then   Might not some strong necessity-of rebellion,
should their hands be tied up in this manner. Let insurrection or invasion-arise in our own State?
the bill stand as it did.                   No risk could be run by leaving this discretion
Mr. SPENCER assented to the construction put with the legislature, unless upon the supposition
upon the amendment by Mr. BROWN; and explain- that that body was corrupt, and that this Convened what his (Mr. S's,) understanding of the effect tion was immaculate.  He repeated that the
would be. It seemed to him that under this three-fourths restriction was a sufficient guaranamendment, a bill could not be passed even if the ty that no mischievous or improper act would be
Legislature were unanimously of opinion that the done-whilst great evil might result from taking
case of urgency had arisen. He thought the sec- away the power.
tion was already protected sufficiently well.  Mr. PHELPS gave notice, that if the amendMr. CHAMBERS, of Kent, explained his con- ment should be adopted, he would move to strike
struction of the section, and asked the gentleman  out "three-fourths" and insert "two-thirds;" and
from Queen Anne, (Mr. Spencer,) to point out also to alter the phraseology of the last line of
in what particular he (Mr. C.) was mistaken.  the bill.
The simple object of the amendment was to   Mr. STEPIENSON called for the reading of the
take away all discretion from the Legislature for amendment, which was again read.
the last three days of the session, so that no bill  Mr. SPENCER asked the yeas and nays on its
might be introduced for the first time; that was adoption, which were refused.
to say, if there was an urgent necessity, a law  The question was then taken, and the amendmight be completed, but could not be originated. ment was rejected.
He referred to the irregular manner in which the  Mr. PHELPS suggested a verbal amendment,
business of the Legislature was carried on during  which was rejected.
the last days of the session, and said that not one  Mr. STEPHENSON moved to amend said section
member In twenty-five knew any thing of the by inserting after the word "read," in the third
contents of bills brought in under such circum- line, the word "through."
stances until they read them on the statute book.  [So that, Mr. S. said, the bill should be read
As regarded the emergencies to which refer- through each time.]
ence had been made; every man and woman       Mr. MERRICK opposed the amendment. Some
in the State knew when the Legislature met, and of the bills were very long, and took up much
when it would adjourn. And to suppose that time in reading.
any such great and sudden novelty in the affairs  Mr. STEWART, of Caroline, moved an amendof the State would arise, was, he thought, specu- ment to the amendment, providing that the bill
lating ratheretoo much upon remote probabilities. should be read "once through, and twice by its tiWe must conduct the affairs of State upon ration- tie."
al probabilities-and there was no rational pro-  Mr. MERRICK hoped that his friend from Carcbability ot such an event. Every general rule line, [Mr. Stewart,] would see the necessity of
was attended with some inconveniences. Against leaving these things to the discretion of the legisthese, it was not possible to guard. No human  lature.
legislation was perfect.  Perfection belonged  Mr. SCHLEY suggested that the whole object
only to One-and that not an earthly Being.  of the section would be defeated unless some
Mr. C. hoped the amendment would be agreed  such amendment was inserted.  He hoped the
to.                                         amendment of the gentleman from Harford, [Mr.
Mr. BROWN still dissented from the construe- Stephenson] would be agreed to.
tion of Mr. CHAMBERS, and insisted that the   After some conversation between Messrs.
amendment if adopted, would take away from the CHAMBERS, of Kent, and SCHLEY,
Legislature that discretion which was necessary  Mr. STEWART, of Caroline, withdrew  his
for the protection of the people.           amendment.
Mr. MERRICK said, it was true, as the gentle-  Mr. STEPHENSON asked the yeas and nays on
man from Kent,; [Mr. Chambers,] had stated, that his amendment, which were refused,




312
The question was then taken, and the amend- revised, the whole law should be re-enacted and
ment of Mr. STEPHENSON was rejected.       published. He believed that there were a numMr. BLAKISTONE moved to amend slid section her of gentlemen who were in favor of going to
by striking out from the word "other," in the se- that point.  But, from conversation with sevcond line, to the end of said section.     eral members, he had come to the conclusion
Mr. B.'said, it would be as well to leave to the that it would be impossible to get a law passed to
Legislature to make their rules of proceeding that extent.
without incorporating them in the organic law.  The greatest objection urged against it was the
He merely offered the amendment. -He should expense. No man was more ready to save exmake no remarks upon it.                   pense to the State than himself; but when lookThe question was taken and the amendment ing to the saving of money, we should at the
was rejected.                              same time, look to the benefit Which might reMr. WELLS said, he was unavoidably absent at sult from its expenditure. And if the people of the
the time the question was taken upon his amend- State were to be greatly benefitted by the inserment. He understood it had been acted upon as tion of such a provision in the Constitution, notapplicable to the end of the section, If in order withstanding the expense which might attend it,
he would now move to insert the amendment af- surely it would be prudent and politic that it
terthe word, "house," where it first occurred, in should be adopted. TIr. S. illustrated this
the fourth line.                            idea.
The amendment was read as follows:          It seemed to him that, in the aggregate, the result would be, to save to the.people of Mary"Nor shall any bill originate in either House  oul  e to   ae    the   o   of Marduring the last three days of the session."  land a greater amount of money, by the adopThe PRESIDENT decided the amendment to be tion of the article as originally proposed by him,
The PRv.smENV decided the amendment  to be
in order on the ground that its effect in that con- tha would be expende  in the pinting of the
nection would be different from that in the por-laws.
ion of thection  ion to which it had been append-  After referring to the pIrovisions of the Constied.                                        tution of Louisiana, as sustaining his own views
The question was taken and the amendment on the subject, he proceeded to enquire what
would be the operation of the new article he prowas agreed to.                                ed. In Louisiana,.very law embraced one
Some conversation followed as to the effect of posed. In Louisiaa, ever law embraced one
the amendnment.                            subject, and the object of the law was expressed
in the title page. Any law which might be needMr. SPENCER to put the matter beyond ques- ed, could readily be found. The law, as it was
tion, he said, moved further to amend the section in actual present existence, might be found. Evby adding at the end, the words:            ery citizen might know what the law is; whilst in
"As to reading and originating bills."   the State of Maryland, it was exactly the conThe amendment was agreed to.             trary.
And the section as amended was adopted.    He referred to the acts passed by the legislaThe Convention now resumed the considerao ture in 1848.9-numbering five hundred and sixtion of the sixteenth section as follows, (a mo- ty. Many of these, he explained, were suppletion to reconsider having been made and agreed ments-some supplements to supplements, and
to):                                       here and there an explanation of a supplement,
Section 16th. The enacting clause of every bill and so on; so that to get any knowledge of the
shall be, "Be it enacted by the General Assem- object, it was requisite to go back to the original
bly of Maryland," and no law shall be enacted law itself.
except by Bill.                              Laws should be few, plain and easy of access.
Mr. SPRIGG moved to amend said sixteenth  With us, the case was precisely the reverse.
section, by adding at the end thereof, the follow- They were many, complicated and inaccessible.
ing words:                                 None but a profound lawyer could tell any thing
"'And no law enacted by the Legislature, shall about them, and even he might easily get conembrace more than one subject and that shall be fused. It was still more necessary that a knowldescribed in its title, and no law shall be revised edge of the laws should be disseminated in the
or amended by reference to its title only."  Slate of Maryland, possessing as she did, a crimMr. Stewart, of Caroline, moved as a substi- inal code, which, from  its peculiarity in some
tute for said amendment, the following':   respects, might be infringed without any viola"All laws shall be passed by original bill and tion of the moral law. He instanced the case
not by supplement, and every law enacted by the of the oyster laws-laws relating to the fisheries,
Legislature shall embrace hut one subject, and wild ducks, etc., and in the last named connecthat shall be described in the title, and no law  tion, gave some humorous illustrations.
shall be revised or amended by reference to its  If the laws were codified, it would be easy to
title only; but in such case, all parts of the act to lo6k into the code, and see what the laws were
be revised or amended that are embraced in the which required revision and correction, and then
object of the bill, shall be re-enacted and pub- a law could be passed to amend them. In this
lished at length."                         way, we should have a pefect law, which the
Mr. STEWART, of Caroline, desired, he said, people would be able to understand, without the
very briefly to explain why he had changed aid of lawyers. He referred to the objection
his proposition in one particular. His first idea made by the gentleman from Queen Anne, on
was that, whenever a law was to be amended or the ground of the great cost of printing, and jre




313
peated the reply he gave yesterday, that it was through the whole system, in order to look into
as well to have a crib for printers, as one for the branch concerning inventories, or the laws of
lawyers. In the framing of a Constitution, we descents, individual wishes to perfect his title to
ought not to be looking to see who were to be fed; land which he has purchased. Sometimes it is
it is our duty to feed the people by giving them  covered with mortgages. He examines the rea wholesome code of laws, under which they cords, and thinks he is going to make out a clear
may be satisfied, and grow in prosperty. By a title, when he finds some supplement enacted
proper codification and a good index, any man fifty years back, which at once comes in conflict
will then be able to find what the law is.  with his hopes and clouds over whatseemed preMr. SPENCER said he believed the proposition viously to be clear. Then he is compelled to go
of the gentleman from Caroline, was about the to the lawyers, and they do not always know every
same in principle as that offered by the gentle- law that has been passed on the subject. As to
man from Prince George's, (Mr. Sprigg,) except the charges for printing, he had no doubt that his
that it was a little more in detail. He compared people would be more willing to pay a small adthe two amendnents to shew that they were, in ditional tax for the printer, than to give a fee of
fact, one and the same. There was a portion of perhaps five hundred dollars to a lawyer, to tell
the proposition, for which he was willing to vote, him what he would understand himself. The
while he could not give his vote for the other part. money would be well laid out, if it produced the
He wished to have the amendmentdivided. Re- effect of simplifying the law,,so that every business
ference had been made to the Constitution and mar might be able to judge for himself of the
laws of Louisiana, but if he were not mistaken, validity of his title, when made. He hoped the
they were formerly printed in French, that bein- amendment would be passed, as great good would
the language of the inhabitants when it first be- inure to the people from it.
came part of the United States. The change  Mr. SPENcER called for a division on the subwhich had taken place in the character of the in- stitute, which was ordered.
habitants of that State, combined with other cir-  Mr.. also asked the yeas and nays, remarkcumstances, furnished good reason for printing ing that the question was one ofinfiniteimportance
them now in thevernacular. Butwhatmight be and that he hoped, therefore, the Convention
sound policy in the State of Louisiana, might be would give them.
very imprudent in Maryland. Their position  The yeas and nays were ordered.
was entirely dissimilar.                    Mlr. HARBINE desired, he said, to move an
amendment.
Mr. PRESSTAMAN asked if all the testamentary e amendment was not now in order.
system was embraced in the laws which were              briefy s     tat his view of
within the contemplation of the amendment of the effect of the amendmen of the gentleman
the gentleman froni Caroline?             the effect of the amendment of the gentleman
the gentleman from Caroline?              from Caroline, (Mr. Stewart,) was not altered.
Mr. STEWART replied that it was all embraced He had heard no reason to change the opinion
in the laws.                              he yesterday expressed. A state of things might
Mr.PREssTisAN said,that in that case the amend- occur, in which it would be highly politic and
ment was altogether impracticable. If a gentle- popular, but that could only arrive after a codifiman desired to look into a particular law, it cation  of the  statutes of this State, and
would be necessary for him to examine the whole until then, the  amendment, if  adopted
mass.                                      would produce evil consequences and great
Mr. HicKs, (in reply to Mr. Presstman,) said confusion in legislation. After a codification of
he happened not to be a lawyer. He might, there- our laws, there were many powerful considerafore, be considered as perfectly disinterested in tions in favor of the effect of the amendment, and
this matter. He agreed with the gentleman from  the cost of printing, which seemed to be the niain
Caroline, in all he had said on the subject of sim- objection to it, would have to give way to these
plifying, collating, and codifying our whole body considerations. It would be better to pay to
of laws, so as to make it intelligible to the peo- printers large sums of money, in order to raake
ple. A large portion of the people of his county, the laws plain to every man, than to pay thrice
did not possess a great deal of legal learning, but the sum to lawyers to have them explained and
they were plain, intelligent farmers, merchants, understood. But his object in rising was to say,
mechanics, &c., perfectly competent to under- that if the proposition pending should be adopted
stand common sense matters. Instead of making he intended to offer an amendment which would
it necessary to go to these lawyers with a fee of postpone its effect, until our statute laws were
five dollars, ten dollars, or fifty dollars, for law- codified. He regarded a codification as a matter
years know how to charge, as well as other peo- of great public utility, and when the proper peple, he would put the people in a condition to riod arrived, if no one else did, he would submit
know for themselves what is the law. He looked a proposition to that effect.
upon lawyers as being a highly respectable class of  The question was then stated to be on the first
men; had no prejudice against them, though some branch of the amendment, as follows:
say they are necessary evils,for we cannot do with-  "All laws shall be passed by original bill, and
out them; and he yet would go to them as seldom  not by supplement."
as possible. The testamentary system had been  Mr. SPENCER said he did not ask the yeas and
referred to by the gentleman from Baltimore, nays on that branch.
(Mr. Presstman.) That system contained seve-  Mr. DiRICKSON asked the yeas and nays, and
ral branches, but it would not be necessary to go they were ordered.
40




314
F The question was then taken on the first branch  yers and judges, in consequence of which they
of the amendment, and resulted as follows:  had to be submitted for decision to the Court of
ffilrmative -Messrs. Weems, Bell, Lloyd, Appeals. He expressed his belief that lawyers
Dickinson, Sherwood of Talbot, John Dennis, were quite as ready as other persons to reform
Hicks, Hodson, Constable, Chambers of Cecil, the laws, where it was necessary, and he asked
McCullough, Miller, Bowling, Dirickson, Shri- if any one supposed that there could not be found
ver,Gaither, Biser,Annan, Stephenson, Magraw, lawyers to undertake the codification. He had
Nelson, Carter, Thawley, Stewart of Caroline, found some difficulty in deciding on his course,
Schley, Fiery, Neill, Weber, Fitzpatrick, Smith, but when he looked at the evils which had resultEge, Cockey and Shower-33.                 ed from the present practice of legislation, he
Negative-Messrs. Chapman, President, Mor- could no longer hesitate. In illustrating the evils
gan, Blakistone, Chambers, of Kent, Donaldson, that might grow out of the practice of revising
Dorsey, Wells, Merrick, Ridgely, Williams, statutes by reference to their titles only, he rePhelps, Sprigg, Spencer, George, Wright, ferred to the fact, that before the year 1798. the
Hearn, Gwinn, Stewart, of Baltimore city, salary of the Chancellor was $2200. In 1798,
Presstman, Harbine, Davis, Brewer, Parke and in consequence of the great expense of living
Brown-24.                                   here, it was raised to $3400, by an act that was
So the first branch of the substitute was to expirein one year from its enactment. That
agreed to.                                  salary continued to be appropriated year after
year, by reviving, by reference to its title only,
Mr. CHMBERS, of Kent, asked a further di- this Act of Assembly.  Members who voted to
sion on the second branch of the amendment, as revive had never read the law. This continued
lollows:                                    for several years, when this act, increasing the
"And every law enacted by the Legislature, Chancellor's salary, was continued from year to
shall embrace but one subject, and that shall be year by an act passed at the close of each session,
described in the title."                    declaring that all laws that were to expire at the
Mr. STEWART, of Caroline, said it was due to end of the session, should be continued to the
the gentleman from Prince George, (Mr. Sprigg,) end of the next session of the General Assembly.
to state that he, (Mr. Stewart,) had taken this  Mr. MERRICK admitted that there was great
branch pretty much verbatim for his amend- truth in much of what had fallen from the genment.                                       tleman from Frederick, (Mr. Thomas.) There
Mr. MERRICK enquired whether it could be was much confusion in the laws, and it certainly
possible that this grave body was going to re- would require great care on the part even of the
quire the Legislature, when it came to revise any  most skilful lawyer, to say what is precisely the
of the previous legislation of the State, to re-en- law of the State on many subjects. He did not
act a whole statute.                        differ, therefore, with that honorable gentleman
Mr. THOMAS said he was in favor of the amend- as to the existence of the evil of which he had
ment of the gentleman from Caroline, as it was spoken, but he did differ from him as to the prooriginally offered, if it was the same now. He per mode of remedying that evil. The honorable
did not concur with the gentleman from Charles, gentleman thinks the laws should be codified, and
[Mr. Merrick,] that the whole of a system of to effect that object he advocates the pending
laws must be re-enacted if we touch any single amendment which contemplates requiring the
branch of it. The testamentary system was one Legislature whenever they shall amend, alter, or
law, but it had many chapters.  Should it be repeal any of the existing laws, they shall rethought necessary to amend the chapter which enact and publish at length all the existing laws
relates to guardians, you do not re-enact the on that subject-in short codify to that extent.
whole system, but merely that law which relates And it is argued this will require greater care in
to guardians. You take a single part and not the preparing bills and prevent incompetent persons
whole system. If the law concerning guardians from attempting to prepare and present them.
were re-enacted, the advantage to the practition- Now I have two objections to this-the one is that
er of law would, in his opinion, be great. He the Legislature are not-no large body can behad only practised law for five years, but his competent to the codification of the laws. This
short experience had satisfied him that no man, Convention has been in session very nearly four
unacquainted with the subject, could believe what months, endeavoring to make a Constitution. We
amount of labor it required to go through the have yet traveled over only a few and a very
whole of the testamentary system, with its sup- few pages. How long at the rate we have proplements and additional supplements, when ad- gressed would it take us to codify the laws of the
vice was required as to any particular part of it. State? Sir, we could never accomplish it. What
It would be a great advantage to have the whole is true of us, will befound to be equally true of the
of the laws, or any one subject, thrown into one Legislature-we cannot, they cannot-from their
statute. He thought the cost of printing, which very nature; both bodies are utterly incompetent
had at first struck him as a strong objection, to any such task. If lefttothe Legislature then,
could be materially diminished by a judicious ar- there will never be a codification of the laws, and
rangement of the bills, as they might require the evils of which the gentleman has complained
amendment or not.  He noticed the complaint will, by the mode proposed, be increased rather
that members of the legislature, not lawyers, than diminished, and the necessity the Legislasometimes drafted laws which were so loose as ture will be under, if the amendment prevails, of
to give rise to conflicting constructions by law- attempting that for which their nature as a body




315
unfits them, will be to make "confusion worse laws, for he had no doubt that the people would
confounded." I hope to see a provision made by be ready to carry out the proposition? He made
this Convention for codifying the laws of the a reference to the digest of the laws published
State, but it can only be done by a few of the some years since, and what ithad cost the State,
ablestlawyers of the State, who should be selected and stated that it had been of very little service
for the purpose, and adequately paid for their in shedding light on the laws of the State, or
services in preparing such a code, to be submitted facilitating the progress of business in our
to and receive afterwards, the sanction of the Le- courts. It was not to be supposed that a codificagislature. In this way this desirable work may be tion of our laws could be effected in a moment.
accomplished, but it can be effected in no other It would require much time and much industry
way. Besides, it is argued that this amendment to complete it. He had no doubt that others of
will have the effect of preventing or restraining our intelligent citizens besides lawyers would be
incompetent men from attempting to prepare bills employed in the work. But there would be no
for the legislative action, inasmuch as it will re- deiciency of able lawyers who would be always
quire a thorough knowledge of all previous legis- ready to give their aid. And then there is the
lation to prepare a bill embodying all pre-existing library here from which much assistance may be
laws on the subject. It is desirable certainly, obtained; and this facility, with the aid of the
that incompetent persons should not become lawyers, would, he thought, enable any intellimembers of the Legislature, but who is to be the gent citizens to perfect a codification. While
judge of the competency of gentlemen to hold they are engaged in concocting, and putting the
seats in the Legislature besides their constitu- laws together, we ought to provide for the siments? If the people think a man competent, plification of those now and hereafter enacted;
there is an end of that question, and he stands in and this would be a step towards codification.
this Hall the equal of any other. And shall it Though it may be done gradually, it will be done
be said or maintained here that a farmer, a me- cheaply and yet efficiently.
chanic, or any other that the people may please  Mr. PILESSTMAN said he had not supposed when
to elect, shall not be privileged to bring forward the proposition was submitted by the gentleman
such measures as his constituents require, because from Caroline, that it would meet much, if any
he is not learned in the laws, and the Constitu- favor from the Convention. It had, however,
tion requires that he shall maka a collection of assumed more importance in his estimation, since
all the laws that have ever been passed upon the the discussion, in which the gentleman who had
subject, on which his people want but some offered it and others, have unfolded their views,
partial legislation, and therefore, none but a good and the objects they design to accomplish.
Iawyer can draw a bill? I trust not. I am very  He would call the attention of the gentleman
sure the honorable gentleman from Frederick, from Frederick, (Mr. Thomas,) to the necessary
(Mr. Thomas,) intends no such thing as this. construction which the courts would be obliged
But such will be the scope and operation of the to give to this article, whereby either all laws
proposition if adopted. Errors and egregious kindred in their character, would be repealed
blunders, it is true, do sometimes blur our statute which were omitted by the negligence of the
book, but this was a small evil compared with a draughtsman of an Act of Assembly, or not being
policy which would disfranchise a portion, pro- so repealed, the article if adopted would not
bably a large portion, of the members of the Le- reach or carry out in any degree the object of
gislature. Besides this, you Would be imposing the several gentlemen who have advocated it.
a task upon the Legislature which even those If the first result would follow, (and he thought
who might be most competent to its performance such would be the case in legal contemplation,)
would rarely and always most reluctantly under- he was unwilling to subject the whole legislation
take; it would be requiring a large expense of of the State to the inexperience and want of genof time, labor, and money to no good purpose eral information in matters of law, which must
whatever, that he could perceive. He was not necessarily exist in the body constituted as was
disposed to go farther in the discussion. The time the General Assembly.
was past when he would be apt to feel much en-  He meant, certainly, no disrespect to a large
thusiasm about any thing; but he confessed the class of individuals who were not members of
contemplation of this proposition, in all its bear- the legal profession, when he said they would not
ings shocked him.                          be prepared to offer laws if the effect would be
Mr. HICKs expressed a hope that he should be to interfere with prior legislation to an indefinite
excused for entering the arena with the learned extent, as would be the case if the amendment
gentleman of the bar, who had taken part in this now pending prevailed. What, sir, will you
debate; but the discussion appeared to him to thereby virtually deprive the mechanic, the farhave been one-sided. He could not imagine any mer, on the floor of the General Assembly of
time more proper than this, when we are ap- Maryland, from offering any act without consultproaching the entrance to a new Government, to ing the innumerable volumes of laws to see to
entertain such a proposition. The Judiciary what extent they are to be embraced in an act
system is to be thoroughly changed; the orphan's or by omission repealed? He admired the senticourt, as he understood, was intended to be abol- ment of the gentleman from Frederick, (Mr.
ished; and the duties of the register of wills tobe Thomas,) when he said that he would not cornenlarged. A new state of things was just open- pliment any one at the expense of what he being upon us. When, he asked, could there be a lieved to be true, and that his purpose was to armore propitious time for the codification of our rest the practice of unskilful persons from pre



316
paring Acts of Assembly which if passed produ- the other hand, if the law be anulled, because of
ced great mischief, but he, (Mr. P.) would not its failure to re-enact all the previous laws existtrust to that-the aglumenteutz ad modestiarn might ing, then all the legislation on the subject would
not be always a safeguard. If any change is to be lost, together with all the expenses incident to
be made in the insolvent or testamentary systems, the same. Who can fail to see, in such a state of
surely it ought not be necessary to codify in the things, that lawyers would be constantly hanging
act of Assembly, looking to a slight alteration, on the Legislature, to be employed in drafting
all that relates to the subject contained in any laws for the members, and that interminable
previous act. The Convention will unquestion- controversies would be carried on in the courts,
ably provide for a digest and codification of the the result of such legislation?
laws, and if that was done, would not that in ef-  The gentleman from Frederick illustrated by
feet accomplish all that could be reasonably de- saying, that if that portion of the testimentary
sired? Not only is there danger from the inex- laws, relating to guardians, and wards, required
perience of members of the General Assembly, amendment, it would only be necessary to reand on that point he might be allowed to say that, enact that portion of the law, which referred to
when lie was in the Legislature ten years ago, guardians and wards. To do even this, would
and at that tine Chairman of the Judiciary com- require great labor, time and expense, in makmrittee, lie,was certainly incompetent to present ing amendments. Could it be necessary, if it
any act on an important subject. if the amend- became desirable to amend the law of guardian
ment now offered had been a part of the Consti- and ward, so as to require more ample security,
tution. Very few eminent lawyers are seldom  that the whole law should be re-enacted in every
found in the Legislative branch of our State Gov- particular? It was inexpedient and unwise to
ernmett, and such men alone are competent to do so.
codify a system of laws. But, sir, at present no  But he thought the gentleman was wrong in
great evil results by allowing any member of the saying, that it would only be necessary to reGeneral Assembly to take part in the prepara- enact that part of the act of 1798, which in its
tion of the laws of the State, especially upon the subdivision refers to guardian and ward.less important subjects.                    Throughout that whole act, there are parts which
1Mr. BRowN said he should vote against the bear immediately on the subject. In fact, it is
amend ment. Either the laws must remain as they one whole system, testimentary in its character,
are, or they must be codified.  There were but and if the amendment prevail, there is good
few rmen in the legislature who were qualified for ground to contend, that any amendment, would
the workk; and if the Legislature were to embody  equire the re-enactment of the whole system.
all the existing laws in a new code, a hundred  fow is it with the laws of insolvency and of atmen would be employed, and would not do it af- tachment? They each make a perfect system,
ter all s,) well as three skilful andl experienced on the subjects;to which they respectively refer.
men. H-Ie was therefore against the proposition. And the same may be said of the school system
Mr. SPENCER said he was impressed with the  for each of the counties-who, with such a secimportance of the subject, and was apprehensive  tion in the Constitution, would hazard an amendthat the Convention wvas progressing in a matter -ment to alter one of these systems of law, with
which migiht produce serious evil. He htad a.consequences so alarming, in the event of a failstrong desire to vote for any proposition, coming nure to provide fully for the evil. Who would
froml jis frscnd, IMv. STEWART, of Caroline, but cundertake a work of such high  responsibility,
he would not support this. It requires the Le- such intense labor and such accurate sill?
gislature hereafter, when a law is amended, to  But it is proposed to provide in the Constiture-enact every law bearing on the subject. It tbion for a codification of the laws. Pass this
was urged, that the purpose was to make the acts amendment, and until the laws are codified the
of Assembly clear and intelligible to all, so as to legislature will be engaged, in the re-enactment
supersede the necessity of applying to the law- of all and every part of every act of assembly,
yers for information. He did not hesitate to say, which may require amendment, to be adapted to
that if this amendment prevailed, it would have  this Constitution.
the very contrary result. If we desired to do an  This will be done at great expense of time, in
act to benefit the lawyers, no scheme could be the delay of the legislature, and of immense costs
divined which would redound more to their profit  or printing. And this, too, at the very time
than this. A very few members of the Legisla- when scientific commissioners will be actually
ture could be found who would undertake a task  engaged in the very work of arranging the laws.
of so much difficulty. There would be too much  And again, after the laws have been actually
hazard in it. In the enactment of a law, if the  codified, still, whenever an amendment becomes
Constitution prescribes the mode, it must be enecessary, the same evil of re-enactment is to
strictly followed. If, therefore, an amendment continue, with- its interminable consequences
to at public or local law becomes necessary, and  of costs and consequent litigation.
this amendment be adopted, then to make such   He hoped the Convention would long delibean amendment, you must re-enact, as he had   rate, before it adopted such anamendment. He
said, every previous Act of Assembly bearing on  would not enter the ample field of argument
the subject. In such case, if a single law con-'vhich it opened.  His purpose being in a plain
nected with the subject be omitted, then if the  and practical way to assign the grounds of his
re-enactment be valid, every Act of Assembly opposition.
which was omitted would be repealed. And, on'iMr. StEWAnT, of Caroline, rmade some explan



317
atory remarks. The gentleman from Baltimore The principle, so far as it had been adopted in.city, (Mr. Presstman,) had maintained that it Louisiana, had worked well.
would be impracticable to make the laws so   Mr. MERRICK *ked if the Constitution of
plain to every man, "that he who runs may Louisiana did not refer to the revisal of laws?
read." He, (Mr. S.,) had seen a commentary in  Mr. STEWART replied, that in the Constitution
which it was maintained, that according to the of that State, the word revised was used; but, on
original language of the phrase, it should be read turning to the debates of the Convention that
4'he who reads may run." With this revision, he adopted the Constitution, he found that the word
might well apply it to the laws of the State. He, revised, was, on motion of Mr. Lewis, stricken
(Mr. S.,) had not, and would not, promise that out of the article reported, and the word revived
his amendment, if adopted, would make every inserted, and he could not find where it was afternman a lawyer, but, he believed, it:would prevent wards changed, so he inferred that the word remuch unwise legislation, and would tend greatly vised in the Louisiana Constitution, ought to be
to simplify the laws. Referring to his amend- revived. However that might be, he preferred
meat, he said that he had looked into the Consti- the word revived. He could see no difficulty
tution of the State of Louisiana, and had found from the operation of his amendment. If gentletherein an article, that embraced much of the men in the Legislature, were not able to prepare
principle of his amendment. He had examined a law, it could be done in the committees. He
the laws of that State, since the adoption of the thought that it would render the fountain pure,and
new Constitution, and found the laws plain and then the stream would flow clear. The honoreasy to understand. He had first been led to in- able gentleman from Frederick, (Mr. Thomas,)
vestigate this subject, some years since, by read- has so fully and ably advocated the amendment,
ing the life of the Hon. S. W. Downs, at present and so forcibly portrayed the evils that it is to corUnited States Senator from Louisiana, who was rect, that he, (Mr. S.,) would not longer detain
an able and warm advocate of reform in his State the Convention.
for many years, before the Convention of that  Mr. TiHOMAs briefly replied to the remarks of
State, in 1844, of which Convention he was a the gentleman from Baltimore city, (Mr. Presstmember. He had the whole banking interest of man,) and thanked him for adopting and endorsthe State arrayed against him, yet over allopposi- ing his opinions. With reference to the effect of
tion he triumphed,                        the amendment to repeal all pre-existing laws
In reply to the statement so repeatedly urged, which might be omitted in codifying the laws, he
that the members of the Legislature could not expressed a willingness to give it that tendency.
know all the laws of the State, and that the He was disposed to repeal all laws of a doubtful
amendment would operate to prevent farmers and or occult character. Such, he believed, was the
mechanics from going to the Legislature, he must object of codification.
say he saw no force in the argument. He denied  He asked if it was not the practice to repeal
that it would have that effect. He considered it all previous laws on the same subject, whenever
an acknowledgment, on the part of the opponents a new law was enacted? The gentleman from
to the amendment, that it would produce indus- Baltimore city had said, that we could not simtry and watchfulness in the Legislature. It was plify laws so as that every man who "runs may
right that legislators should well understand the read." It was his desire that they should be too
subject on which they were engaged. It would clear to be misapprehended.
place the labor of research and investigation up-  After speaking of the profession of the law in
on the members of the Legislature, where it pro- terms of the highest eulogy, he stated that the
perly belonged.                            cause of the multiplicity of suits was the doubt in
The gentleman from Dorchester, (Mr. Hicks,) the minds of lawyers themselves, of the true conhad stated that the members of the bar, knew  struction of laws, or because they had only read
how to charge. Perhaps they took lessons from  a portion of the laws relating to the subject.
the Registers. He, (Mr. S.,) vindicated the pro- They may have been poring diligently over the
fession of the law; and refered to the history of laws, and after all, may have missed some supthe country, to show that lawyers had always plementary act.
took a prominent part in contests for liberty.  He briefly adverted to the remarks of the genThey had contributed their means, time and tleman from  Charles, (Mr. Merrick,) on the
talent, verily, their blood to its procurement. opinion he had expressed that, lawyers only should
Lawyers might occasionally rail each other, but be employed in the task of codification. Supif others undertook it, they would find themselves pose, said he, the gentleman and myself were apin the condition of the man, who interfered with pointed to revise the system of special pleading.
the quarrels of husband and wife, and thereby He felt very certain that he would not be compebrought them both upon him. He expressed his tent to the task, unaided by advice from any
great esteem and regard for the gentleman from  quarter, and as the gentleman from Charles had
Queen Anne's, (Mr. Spencer,) and the pleasure been some time out of the practice of the law, he
he always felt in co-operating with him, but, in also might feel some diffidence as to his own abilthis matter, he must differ with him. He thought ity; and how could we expect that the most in.
from the tone and manner of the gentleman from  telligent persons, not in the profession of the
Queen Anne's, that some startling disclosure was law, would be fit to undertake the task? We are
about to be made; some dreadful evil would not all like Minerva sprung from the head of Jucome upon the State by the adoption of the piter, ready for the conflict; or like Venus, in all
amendment. He, (Mr. S.,) could see no danger. her beauty, rising from the foam of the sea; but




318
we are all men fitted for the duties which are more capable than the lawyers, of performing
within our sphere. Intelligent gentlemen who all the appropriate duties of ordinary legislation.
have no practical knowledge of the law, would He would not consent to a proposition which
feel themselves insulted ifaskld to enter on such should hinder or impede such men in the pera task.                                   formance of these duties, by making a prerequiOn these grounds he would confide the work of site that they should either be competent to codidrawing the laws to lawyers only, as coming fy or even perform the labor of collating all the
within the range of their professional and habit- statutes on any subject upon which they might
ual studies. He admitted the perfect competency deem some legislation necessary. He hoped to
of men of sound judgment and good sense, to see the Legislature left free, as it had heretofore
pass judgment on bills when they had been pre- been, to do the will of their constituents, and to
pared, and to decide whether they were such as change and modify the laws of the State as the
the interests of society demanded. And hence progressive changes in the world and the state of
he was in favor of submitting the code to the leg- society might require.
islature for rejection or adoption.         Something had been said about reflections upMr. MERRICK explained, and recapitulated his on lawyers; it wasnot,he supposed, it could not
previous remarks. He was most anxious, he have been intended for him. He certainly was
further said, that the laws should be condensed one of the last men living, who would cast reand simplified as much as possible and rendered flections upon that honorable class of citizens.
intelligible to the plain good sense of the country. That was said to be a bird of evil omen, which
And he had not only suggested, but urged, when would befoul its own nest. He had been i early
last up, the adoption of what he considered the life a lawyer himself, and though for many years
only safe and wise plan for attaining that desira- exclusively engaged in other pursuits, e still
ble object even partially; which was the employ- felt some identity with them, and besides those
ment of one or more persons, eminent for their dearest to him of all men on earth, were now enindustry, legal learning and ability, to codify the gaged in that noble and enobling profession.
laws. These persons should be the most eminent  This amendment, if adopted, Mr. President, it
men the profession could furnish, and they should strikes me, will be making a retrograde movereceive such a compensation for their services as ment, taking a step backwards, in this age of
would justify them in putting aside all other bu- progress. Arts, sciences, civilization, religion,
siness, and devoting their whole time, talents are all progressing. The human intellect is proand energy to the task; the work, when accom- gressing and attaining a development, and reachplished, should be of course submitted to the Le- ing a dominion never before known to men.
gislature for their sanction; and, if approved by Shall legislation alone go backwards? Shall we
them, would have imparted to it the binding of Maryland alone, say our legislators can no
force of law; but, if not approved and enacted longer be trusted to make laws for the regulation
by the Legislature, it would still be worth more and government of society, as the ever varying,
than it would cost, as a collection of statutes continually improving condition of society may
with the deliberate comments of wise men upon require? I trust not.
them. But he was opposed, and had so expres-  After some conversation,
sed himself, to requiring the Legislature in the  The question was taken, and
course of their ordinary business, to codify each  The second branch of the amendment was
particular branch of the law they might have oc- adopted.
casion to touch. Such a requirement would be,  The question then recurred on the third branch
in his judgment, fraught with pernicious conse- of the amendment, as follows:
quences, and productive of no compensating good  "And no law shall be revised or amended by
whatever. He had said, for the purpose of codi- nd no law shabe revised or amended by
fying the laws, none but lawyers, and those the reference to its title only; but in such case all
most deeply read and eminent men the State parts of the act to: be revived or amended that
could furnish, should be employed. But he was are embraced in the object of the bill, shall be
very far from agreeing that the ordinary business re-enacted and published at length."
of legislation should be confined to. this or any  And the question being taken,
other class, as would, to a great extent, be the  The result was as follows:
effect of the pending amendment if adopted and  affirmative-Messrs. Mitchell, Weems, Buchmade a part of the Constitution. No Legislature anan, Bell, Welsh, Lloyd, Dickinson, Sherwood
was competent to the work of codification to any of Talbot, John Dennis, Hicks, Hodson, Phelps,
great extent, not because there might not be Constable, McCullough, Miller, Sprigg, Bowmembers of the Legislature competent to such a ling, Dirickson, Thomas, Shriver, Gaither, Bitask, but even if every member in such a body ser, Annan, Stephenson, Magraw, Nelson, Carwere separately capable of performing such a ter, Thawley, Stewart of Caroline, Fiery, Neill,
work, the body would still be incompetent, be- Anderson, Weber, Fitzpatrick, Smith, Ege,
cause of its multitudinous character.  There Cockey and Shower-38.
were, also, in every Legislature, a large number  Negative-Messrs. Chapman, President, Morof gentlemen, not professional men and not com- gan, Blakistone, Chambers of Kent, Donaldson,
petent because of their different pursuits and Dorsey, Wells, Dalrymple, Merrick, Williams,
habits of thought, to codify or even collate the Spencer, George, Wright, Jacobs, McHenry,
statutes, who were yet as capable and often even Gwinn, Stewart of Baltimore city, Brent of Bal



319
timore city, Sherwood of Baltimore city, Presst- explained the import and object of his own
man, Ware, Schley, Harbine, Kilgour, Davis, amendment, and earnestly urged upon the ConWaters, Brewer, Hollyday, Parke and Brown-  vention the necessity and expediency of a codifi31.                                         cation of the laws under the requirement of an
So the third and last branch of the amendment imperative constitutional provision.
was agreed to.                                Mr. THOMAS rose to call the attention of the
The question then recurred on the adoption of House to the character of the amendment of the
the said section, as amended.              gentleman from Anne Arundel, (Mr. Dorsey.)
Mr. SPRIGG thereupon withdrew his amend- It was a proposition not only antagonistic to the
ment,                                       article adopted at the instance of the gentleman
And the Convention adjourned until to-mor- from Caroline, but it was against another purrow at 10 o'clock.                          pose, entertained by many members of the Convention.
The gentleman from Anne Arundel proposes
to strike out the section, moved by the gentleman
from Caroline, and to insert his own amendment,
which is intended to procure a digest and compilation of the laws, and not a codification. A
THURSDAY, February 20, 1851.        digest and compilation of the laws had already
The Convention met at ten o'clock.       been prepared by Judge Dorsey-not by the
PrayThe Conven  made by the Re. Mr G   - member on the floor-but by Judge Clement
TPrayer was made by the Rev. Mr. GRI- Dorsey, deceased. That digest was never acted
FITH.                                      upon by the legislature.
The roll of the members was called; and     upon by the legislature
A quorum being present,                    It was admitted by all the members of the proThe journal of yesterday. was read and ap- fession, to be avery imperfect work. No pruproved.                                    dent member of the profession would undertake
On motion of Mr. STEPHENSON, it was      to say what are our statute laws on any particular subject, after having consulted this compilaOrdered, That it be entered on the journal that la r subect, after aing onsulted this compil
Mr. SAPPINGO, is detained from his seatincon- tion of Judge Dorsey alone. For it had been
Mr. SAPINGTON, is detained from his seat in con- ascertained that laws still in force were often
sequence of the serious indisposition of his omitted in the digest. And as the legislature had
family.
Mr. FIERY moved that the Convention proceed  not passed a law declaring that all statutes and
to the orders of the day.                  parts of statutes not included in that compilation
The motion was agreed to.                were repealed, the profession of the law and the
public had desired a partial and a very small adTHE LEGISLATIVE DEPARTMENT.         vantage.
We want not a digest but a code; and he was
The Convention resumed the consideration of in favor of requiring the legislature to act upon
the report of the committee heretofore made by the code, and after adopting it to pass a law reMr. JOHNsON, on the legislative department of the pealing every statute in'force now not re-enacted
government.                                in the adoption of the code.
The question pending at the time of adjourn-  He explained the difference between a code
ment yesterday,                             and a digest, to show that the latter mode of legWas on the adoption of the sixteenth section as islation would meet the public demand, which
it had been amended.                        required that our statutes should be analysed and
Some conversation followed on a point of or- that each several element or subject should be
der.                                       incorporated into a statute, and that no inconMr. DORSEY moved the following as a substi- gruous subjects should be mixed up in the same
tute for the said sixteenth section:       law.
"The legislature of Maryland, shall, at its next  Mr. MERRICK said, he had no pride of opinion
session, if then practicable, and if not, as soon on the subject, nor had he any particular anxiety
thereafter as it can be done, contract with two that his own views should prevail. The question
learned jurists of this State, distinguished as as now presented, was different from that which
well for their industry, as professional ability, to was under consideration yesterday, and gentlecodify or digest and abridge the public acts of as- men might express opinions upon it different
sembly then in force."                     from those which they expressed yesterday, withMr. DORSEY referred to the proposition which  out any inconsistency. He thought that the prohad yesterday been adopted, and briefly stated position offered by the gentleman from Anne
his objections to its various branches. He Arundel, (Mr. Dorsey,) came nearer to the dedwelt especially upon the inconveniences and dif- sires of the Convention, and to the accomplishficulties which would attend the introduction into ment of a cherished object on the part of the peothe title of a bill, of every subject upon which pie themselves, than the section as it now stood.
legislation might have been had, and elucidated  Tha.t object was a simplification, codification,
his position by reference to the testamentary and and digest of the laws under which they lived,
other systems.                              so as to make them plain, and easy of access. It
It seemed to him that the section as it now  would be far better not to attempt such a work,
stood, would lead to inextricable confusion. He unless the Convention was sure that the object




320
itself would not be defeated by the manner in man from Baltimore city, it might be the means
which it was attempted to be done.         of effecting a compromise. With that view he
Mr. M. proceeded to show the impracticability had offered the amendment. Itembodied all the
of such a task being performed by the legislature. unobnoxious parts of the proposition adopted yesHe compared the two propositions, (that adopted terday, and he believed it would disembarrass
yesterday, and that offered by Mr. Dorsey to- the whole question. This matter of digesting
day,) and concluded that the latter proposed to the laws, was a most important and hazardous
accomplish the object in the only facile mode in undertaking, and it would be dangerous, he
which it could be effected. In no other way thought, to trust it to legislative enactment. The
could a digested system of the statutory laws learning and skill requisite for the task, could oneverbe made. The work was to be prepared ly be found in the legal profession, and his
by men of eminent ability and skill; but before amendment proposed that mode of proceeding.
any binding force could be given to it, it must of  Mr. S. then briefly explained the latter portion
necessity come before the Legislature, for re-en- of his amendment, in regard to the simplification
actment. If they did not re-enact it, the result and abridgment of the rules and practice of
would be that the work would still stand, for con- pleading, &c.
venient reference, as an arrangement and digest  Mr. SCHLEY offered the follow amendment.
of the laws of tie State.                    "The Legislature at' its first session after the
Mr. SPENCER offered the following as a substi- adoption of this Constitution, shall appoint one or
tute for the entire section:               more commissioners, learned in the law, whose
"The style of all laws of this State shall be: duty it shall be to revise and codify the statutes
"Be it enacted by the General Assembly of Ma- of this State, and one or more commissioners,
ryland,"and all laws shalllbe enacted by bill only, learned in the law, whose duty it shall be to reand no law enacted by the Legislature shall em- vise, simplify and abridge the rules and practice,
brace more than one subject, and that shall be pleadings, forms and pioceedings of the courts of
described on its title, and the Legislature shall record in this State, and report the same to the
at its next session after the adoption of this Con- Legislature for adoption, and it shall be the duty
stitution, or as soon thereafter as it can be done, of the Legislature at the expiration of every subat the expiration of every five years thereafter, sequent period of ten years after the adoption
contract with two learned jurists, distinguished and promulgation of the code of laws, to have
for their industry and professional ability, to di- published and promulgated all the statute laws of
gest, abridge and condense and codify, the statute this State then in force."
laws of this State, and with two other equally  Which was read.
distinguished jurists, to simplify and abridge the  Mr. S. said, he had yesterday opposed the latrules and practice and pleadings, and proceedings ter part of the section, because he thought
of the courts of record of this State, abolishing all that it would produce inextricable confusion in
special pleading, subject to the approval of the the legislation of the State-that it would imLegislature."                              pose on the Legislature a duty which no one
The substitute having been read,         could tell how long it would take to perform. If
Mr. CONSTABLE suggested that the first part of codifiers should be appointed by the Legislature,
the proposition had already been adopted. The and one system of laws be arranged, if a code
latter part, (that which related to the codifica- should be drawn up and formed into articles, the
tion,) was new, and for that he should vote.  amendment adopted yesterday would carry out
Mr. PRESSTMAN suggested, that under instruc- the design. After having once had the laws codition from the committee on the legislative de- fied, the Legislature would become codifiers
partment, he had made a report embracing the themselves, and by a republication of the laws
provisions of the amendment of the gentleman every ten years, the public would know what the
from Queen Anne, [Mr. Spencer.]            laws were. The result would be that the code
Mr. SPENCER said, he was aware thatthe chair- of laws would be gradually reduced and simpliman of the committee on the legislative depart- fied. He referred to the laws of Missouri, as a
ment, had reported a section pretty similiar to beautiful model of a system. He hoped that the
that offered by himself. The report of the gen- friends of the measure would accept his amendtieman was in the following words:         ment, and adopt it as a part of their own propo"That the Legislature, at its first session after sition.
the adoption of the Constitution, shall appoint  Mr. STEWART, of Caroline, said it had been
one commissioner to revise, digest, and arrange suggested to him yesterday to accept, as a modithe statute laws of the State, civil and criminal, fication of his own proposition, the amendment
and one commissioner to revise, simplify and of the gentleman from Washington county, (Mr.
abridge the rules and practice, pleadings, forms, Schley.) He (Mr. Stewart) had declined to acand proceedings of the courts of record of this cept it, because he thought it might as well be
State."                                    offered as an independent proposition. He was
Mr. S. disclaimed any intention to interfere still of that opinion. He regarded it as but one
with the duties or proceedings of the committee system for the simplification of the laws. If it
on the legislative department, butthe proposition had not been for the lucid and eloquent deadopted yesterday, appeared to him to involve fence which the gentleman from Frederick, (Mr.
great and interminable difficulty; and he thought Thomas,) had this morning made of his (Mr.
that if some proposition should be offered, em- S.'s) proposition, he did not know but that he
bodying something of the report of the gentle- might have been scared off from his proposition.




321.
But it seemed to him that that was the proper the amendriint proved, the truth of what he had
system to be adopted.                       before said, that the tendency of the amendment
He expressed his surprise at the mode of attack  was to make confusion worse confounded.
which had been introduced against his proposi-                    codication by the 
tion. If a motion had been made Zo reconsider
the vote taken yesterday, he would have voted ~gislature not to interfere with that under the
the vote taken yesterday, he would have voted.
for it-not because his views had undergone any m
change, but because he was willing to see wheth-  Mr. SCHLEY suggested that the gentleman
er any proposition better than his own could be could move an amendment.
brought forward.                              Mr. HARBINE stated, that on a previous day
Mr. S. then proceeded to vindicate his own he had said he would offer an amendment to the
proposition, and to reply seriatim to the objec- section under cosideration, so as to prevent the
tions which had been urged against it.      operation of the amendment of the gentleman
from Caroline, (Mr Stewart,) until after a codiMr. SPENCER expressed his regret that the gen-  Caroline, (Mr. Stewart,) until after a coditleman from Washington,(Mr. Schley,) had offer- fication of the laws  After consultation with
ed his amendment to the 16th section, as amended entlemen of more experience he had concluded
to waive that intention. It had been charged
by the amendment of the gentleman from Caro-to waive that intention. It had been charged
line. He could vote for it as a distinct propos those     aganst the propositin of that
p   gentleman were o ppos ed to codification. This
tion, but not in its connection, because the effect getleman were opposed to codification. This
would be, that the Legislature before the codifi- was a great mistake. He was as much in favor
cation took place, would have to re-enact at muchof it as any man, and dld not believe that among
trouble and expense many laws, and after thethose who voted against that proposition, five
codification took place, the same evil would con-could be found who were hostle to it. His reatinue. Between the gentleman from Washing- son for voting as he did, was because he did not
ton and himself there was a difference of opinion,beeve the Lgislature competen to codify. It
as to the construction put on the amendment of was a great work, that could only be properly
the gentleman from Caroline, by that gentleman forme by the most learned lawyes. That
and the gentleman fromr Frederick,(Mr. Thomas.) was the conclusion arrived at by all other States
He asked the gentleman from Frederick, if he did  here the laws had been codified, and in no innot find that though, in amending a law, it would tace had such work been left to the Legislature.
not be required that the whole law should be True, one precedent had been cited, in the State
of Louisiana. But when examined, that was no
re-enacted; as the whole of the testamentary sys-ofLe ent at all. Btwhen ex e, th at was no
tem, yet all the parts of the law which related to precedt at. There the   h  en frst
the subject amended would have to be re-enact-codfied b Mr. Lvinston one of the greatest
ed.                                        lawyers of his day, and it was only'after that,
lMr. TrHOMAS declined inaking any further ex- that the Legislature done what was proposed by
planation. If he was not understood by the Housethe amendment of the gentleman fiom Caroline.
he could not mnake himself more cle ar. He did Now let our laws be first codified and then he
not decline to answer from any disrespect to the w ld cheerfly vote forsuch a propostion ingentleman. If he was opposed to him, he knew  deedp whathe contended for at l the timeo was to
how to respect an honest difference of opinion-  postpne te effe  f that proposition until the
which it was not important to reconcile, as thelawswere e odited and then ot nt until the
House might vote for different reasons. He waswould the case cited and ours, run parallel.
unwilling to take the floor too often.     Not only was there no precedent cited, but among
the varied Constitutions of the several States, he
Mr; SPENCER stated that he had asked further did hot believe a single one could be found. And
explanation, because he, and the gentleman from  why? Because their ages ad statesmen must
Washington, (Mr. Schley,) understood the gen- have supposed such a provision impolitic and
tleman from Frederick differently.  They did fraught with evil. We should accord to others
not comprehend the gentleman from Frederick  as much wisdom and as sincere a desire for the
alike, on the point whether the amendment of a public weal as we possess; and surely, but for the
part of any law rendered it necessary to re-enactevil consequences that were thought would ensue,
all the parts of the law applying to the subject,such a provision would have found a place il
or only a portion of a law.                more than one Constitution. Now, according to
Mr. THOMAS still declined to make any further the amendment, the Legislature were to codifyexplanation of his views.                  for it amounts to that-until the persons appointMr. SCHLEY thought the opposition made to his ed by the Legislature had reported a code and
proposition by thegentleman from Queen Anne's the same had been adopted. This would take
arose from a misunderstanding of its import. To  several years.  Mr. Livingston was engaged
make its object more clear, he turned to the  three years in the great work for the State of
codified laws of Missouri, and showed that the  Louisiana, and it was said, that in the State of
laws were divided in chapters. If one of these  New York, four years were already spent, and
chapters was\amended it was not necessary to the work was not yet completed. From these
re-enact the whole law. By merely amending cases, it would appear to every man who knh:w
the chapter and publishing it as amended, every the confused and chaotic condition of our legislauseful purpose was answered.               tion from 1692 to the present time, that four or
Mr. MERRICK stated that the fact that gentle- five years must elapse before those engaged for
men were unable to agree as to the meaning of the purpose could report the code. Now, during
41




322
these four or five years immediately after the shall be described in the title." Now if there
adoption of the new Constitution, more legisla- happen to be many of these subjects in the bill,
tion would be required than in perhaps any ten the effect of this provision might be to make the
years after; and during that time too, we were to title of the bill of useless and intolerable length.
have a body highly incompetent, engaged in codi- It would be much better for persons to look into
fying our statutes. This period was a most un- the bill itself, and read its enactments through.
fortunate one for such an attempt; not only be- In reply to what had been said by the gentleman
cause of the number of laws necessarily acted from Frederick, in relation to the salary of the
upon, but because of their importance.  He Chancellor, he said he had no doubt that the
agreed with the several gentlemen who had spo- Legislature did not vote inadvertently, but knew
ken of the evil consequences of legislative codi- very well what they were voting for. But his
fication, while our laws were in their present strongest objection was to the last part of the
condition. It would uproot our fundamental amendment, which reads'but in all cases all
laws. Let a code be prepared by persons of su- parts to be revived or amended, that are embraced
ficient ability, who could devote time enough to in the object of the bill, shall be re-enacted and
it; and, after its adoption, but not before, would published at length." This would render it nethe Legislature be competent to perform the du- cessary to re-enact every clause and portion of
ties imposed upon them by the amendment al the whole law, on which the amendment could
ready adopted. They could then see the law at operate, though entirely abrogated or construca glance; but now it was often very difficult to tively repealed by the amendment made. Though
find, and still more difficult to ascertain its mean- such be the obvious construction of the amending, when found. He did not agree with those ment, such surely was not the design of its
who thought that the amendment by making it mover. He thought the whole amendment so
more difficult to legislate properly, would pre- loosely put together, that, in its present form, it
vent an excess of laws and therefore exert a good could not be adopted. He regarded the subject
influence. That would not prevent legislation, of codification as an entirely independent propoAs heretofore, those who did not know the laws sition. He approved of some part of the amendin existence, would still frame bills. No,qne ment of the gentleman from Washington, (Mr.
likes to confess his ignorance and inability; and Schley.) but not of the other part, and therefore
self-esteem, as it so often does, would still urge would be compelled to voteagainst it.
persons to do that which they did not understand.  Mr. STEWART, of Baltimore city, said he conBut his colleague had added to the section, as curred entirely in the argumentof hisdistinguishamended, a clause to codify, and that he would ed friend from Anne Arundel, (Mr. Dorsey,) and
most cheerfully sustain. It would make the sec- had felt its force from the beginning. He, (Mr.
tion more palateable and he would be compelled S.,) was at all times unwilling to intrudeeu-pon
to swallow the bitter with the sweet.      gentlemen, who were addressing the Convention,
Mr. DORSEY desired to say a few words in re- but he had risen for the purpose of asking a
ply to the gentleman from Frederick, (Mr. question.  Suppose a law, thus re-enacted,
Thomas,) and in explanation of the substitute should be imperfect by the omission of four or
which he had moved to the section. He defended five laws, all relating to the same subject-matthe preference which he had expressed for sup- ter-would the re-enacted law, in this imperplements over original bills, because a law, of feet condition, be a constitutional exercise of the
which the index was imperfect, and which could legislative power? He looked upon this amendnot be found without great difficulty, when in ment as vesting in the Legislature a particular
an original bill, could be found easily when in a and limited authority. They were to re-enact the
supplement,that always giving a direct reference whole law-all parts of the law were to be emto the bill to which it is supplemental, and, if it bodied in the re-enactment. If, therefore, they
could be found through the supplement, why should omit several laws, would not that be an
hunt through a mass of original bills to find it? imperfect exercise of the legislative power, and
By the supplement, you are referred to the ori would it not render the law unconstitutional
ginal bill, and then you have the contents of both  He also desired to ask the gentleman from
presented to your view. He referred to the Anne Arundel, another question, whether, in the
loose and unsatisfactory character of the amend- absence of any repealing clause in the re-enacted
ment which was adopted yesterday, and read the law, the laws which had been omitted would not
following extract from it, "Every law &c., shall remain in full force and vigor, provided there
embrace but one subject." And yet there can were no conflict between the provisions of the
scarcely ever be found a law of any length that original laws and of those which had been re-endoes not, of necessity, embrace various subjects. acted?  He assumed, in the first place, that the
He objected to, the amendment, therefore, on exercise ot this power, was the exercise of a
that ground. If the meaning was subject mat- special authority, and that the whole law must
ter necessarily brought in connection with each be re-enacted, or that it would not be worth the
other by the enactment, fifty original bills, paper on which it was printed; and, in the second
might be required to accomplish that for which, place, that if there be not a repealing clause in
without his amendment,a single original bill would the re-enacted law, any laws which might be
be all-sufficient. The expression,"one subject,"ap- omitted, provided they were not in conflict with
peared to him not to express the meaning of its any portion of the re enactment, would remain
author,and incapable of being reduced to practice. in full and vigorous operation, and that the courts
Then the amendment wnt ton to sa', "and that must so decide.




323
Mr. DORSEY resumed, in reply. If he was ask- sit; but in lieu of this, the plaintiff and defendant
ed his private opinion, he would reply that, if, are required to put in a brief statement offacts,
in the cases stated, the repealing clause was in- and that brief statement has led to more litigaserted in the new act, the previous law would be tion than any other mode which has been devisrepealed. Or if the amenndments conflicted ed. If the plaintiff' or defendant fail to insert
with each, they would be ineffectual in their every thing required in his statement or answer,
operation. And if the repealing clause was not his loss is ten times greater in New York than
inserted, the pre-existing laws which had been in Maryland.
omitted in the codified and re-enacted law would  He read one of these statements, of which a
remain in full force.                       gentleman had furnished him with a copy; and
The amendment does not say that the whole the reading furnished much amusement to the
of the laws are to be're-enacted, but only that House. He then read the bill of costs appendparts of the law shall be examined and re-en- ed to the statement from which it appeared that
acted, and published at length. He could see the costs to the defendant for an unsuccessful reno advantage which would be derived from thus sistance to a suit-nay, where there was no rere-enacting and publishing these parts of the sistance, no trial, but judgment by default, no
law, which may have been rescinded by the jury being required-for $296, amounted to
amendment; and he, thought it ought not to be $96 75; while in Maryland they would only have
done-that it would lead to endless confu- been 6 or $7.
sion.                                         He had also understood that in one case in
He believed the gentleman from Washington, New York, the answer put in by the defendant
(Mr. Schtey,) did not design to employ any oth- covered six thousand pages. And this is under
er than competent lawyers in the performanceof the reformed system by which special pleading
this task. One of his great objections to a has been abolished, and legal proceedings have
change in the system, was that the instability of been simplified.
laws render them of less efficiency.          Mr. SCHLEY repeated thathe had not attemptOn the subject of special pleading, he referred ed to abolish special pleading.
to the change which had been made, in that    Mr. DoRtsEY said, it was a mistake of his. It
branch of the practice ill New York. He had was the gentleman from Queen Anne's.
heard it said that the new system  worked well  Mr. SCHLEY said, the proposition of the genthere. But it was the very last system (for rea- tleman from Queen Anne's was not before the
sons which lie afew days ago had advanced to House. He desired*to state that his amendment
some,) that he would adopt. From all he had seen looked only to amending and modifying the preorknown of its operation, he was on every ground sent system of special pleading, by which he
opposed to it. Certainly it would not do in the meant to make it more special, merely stripping
State of Maryland, to increase the costs of liti- it of its antiquatedforms and superflous vergation to more than ten times their present biage.
amount.                                      Mr. DORSEY replied, if such were his object his
Mr SCHLEY explained that he had no desire amendment was not limited to its accomplishto abolish special pleading. So far as his own ment. The amendment opened the door to the
opinion went, he would much prefer to see it abolition of all special pleading.
made still more special.                      Mr THOMAS said:
Mr. DORSEY entirely agreed, with the gentle-  There was certainly nothing in the present
man from Washington there. It reqaires to be amendment which contemplated the abolition of
made more special. He referred to the simpli- the system of special pleading. It looked only
city of the present practice in cases where non to the appointment of commissioners to revise
assumpsit, non cal, 8'c., were the proper pleas; and modify the present practice and pleadings.
and argued that it was scarcely necessary to No manr would deny that some change was neceshave included special pleading in the amendment sary in the old laws which had become liable to
of the gentleman from Washington.            great abuses. The first proposition was to codiIt wasnot necessary to appoint commissioners fy the laws and submit the work to the legislaat a great expense to the State, to change a ture; and the second was to revise the system of
course of practice which the legislature had it in special pleading and practice, and report the retheir power, at any time, to change without put- suit to the legislature.
tingthe State to any expense.                 He, for one, had never joined in the cry
He then explained the nature and object of against special pleading. On the contrary, he
special pleading. The length, the expenses and thought the establishment of the present system
all the characteristics of this system of practice one of the greatest efforts of human wisdom. It
in Maryland, differed widely from  what they was probable that so the commissioners would
were in the States which were enthusiastic on report to the legislature. But he might also be
the subject of progess. Justice was here ad. of opinion, that the system had not kept pace
ministered as cheaply as it was in any State with the changes of circumstances, and the pro.
where justice is administered in the same way. gres s of public sentiment; and can it be said that
He put some cases for the purpose of showing we are on dangerous ground, when we desire onhow the New York system  would work in Ma- ly %.o make such changes as will adapt it to the
ryland. New York had abolished special plead- present advanced state of human intellect?  He
ing, and would not permit a defendant to put in,was not, however, going into that branch of the
the simple plea of'not guility," or nol asuip.-'subject. But it could not be denied that puerili



324
ties had sometimes been introduced by lawyers, not err therein."  He had great respect for the
under the idea that they were practising in the opinions of the grentleman from Anne Arundel as
art of special pleading.                   to thecodifying the laws, but he could not, on
He could cite, instances where enormous costs this important subject, consent to abandon his
had been incurred in suits under our forms in views.
Maryland, greater than those in the case from  It was so also, as to special pleading: the genNew York, but he would not go into that sub- tleman from Anne Arundel was so wedded to
ject.  He left itto the discretion of the legisla- old forms, that he thought the present system
ture, which had the power to correct such could not be amended. But the popular demand
evils,                                     must be gratified.
fHe read the latter part of the amendment of  Let these changes be made now, in the midst
the gentleman from Caroline, and contended of the nineteenth century, in the form of our
that it was not liable to the criticisms made pon laws; and let our system of special pleading,
it by the gentleman from Anne Arundel, (Mr. which no one desires to abolish, be revised and
Dorsey,) and repeated what he had said before so modified as to be in accordance with the adon the subject of the testamentary system, and  vanced intelligence of the age; and let the whole,
the continuance of the increased salary of the systemof our laws, of our forms ofpleading, and
Chancellor for many years, in consequence of of our rules of practice, be adapted, as they can
the negligence of the legislature in nut examin- be, to the condition and circumstances of society
ingthe annual bills, (to continue in force certain as it is now; and let them not remain, as they
laws,) before they were passed.             obviously are in many respects, adapted to the
He knew from his own experience that itwascondition the world was in, Anno Domini,
a practice merely to read the titles of certain  one.
bills to continue bills about to expire for another
term, without reading more than the titles. He  Mr. DoRSEY made an explanation in reply.
never read these bills taking the word of the He said, he was inclined to question the expechairman of the committee as to their con- diency, much less the necessity of the legislature
tents.                                      inflicting on the State, the enormous expendiWhen gentlemen argued that a branch of a ture of appointing two separate boards of comlaw might not be amendedv without re-enacting missioners on the two distinct subjects,under this
the whole law of which it was a part, he askedamendment. He could not allow the construcifthis was not running counter to the express tion put upon it, that the commissioners were to
language of the article we have adopted? And  make the code, and without submitting it to the
he read that article that thie House might legislature, it was to become the law of the
judge.                                      land; such an opinion could not for a moment be
He remarked on the criticism of the gentleman  sustained. The code, until its adoption by the
from  Anne Arundel, on the word "subject," legislature, had no vitality or operation. He had
and said that if it was susceptible of somany no such intention, as was clear from the subseconstructions, it would have been better for quent part of the amendment, where it is providthat gentleman to have moved the substitute of a ed how the legislsture might act with regard to
more distinct word by way of reinedying the er- it. The legislature have the power to arrange
ror. He laid down the principle that it requires all the details without any constitutional provimuch mental discipline to be able to analyse any Sion.
subject ernbracing a variety of ideas, so as to  He could not pretend to know any thing about
separate the elements, and collicate and arrange  the popular feeling on the subject of special
then; stated that there were few minds compe- pleading. If there really was any such feeling,
tent to the task, and applied it to the work of it was probably got up by politicians to subserve
codification.                               some momentary purpose, and did not originate
He could readily conceive how gentlemen de- with the people, and from its nature would soon
sired to have the laws collected and collocated  die away.
to their hands, because it saved them the great  It had been asked by the gentleman from Fremental processes of searching up all the laws derick, why, if he objected to the looseness of
and going through all the decisions of the Courts the words "one subject," he did not propose to
of Appeals. It was a labor of such magnitude  substitute a more definite term? He could only
that but few minds could be found' capable of answer that he saw no necessity for any attempt on
performing it. He had seeA many a member of his part, to amend a proposition to which hewas
the bar who had lost a case, because his mind  altogether opposed., It was certainly no part of
had not taken iriall the points of which it was his duty to amend the proposition; and, in reply,
susceptible; and he had seen judges, who, from  he would ask, why he did not amend it? Certainly
the same cause had delivered; false decisions. nobody was more competent to do so, than he
The popular mind calls for a reform in cur legal was. He cited some'cases for the purpose of
system.                                     showing that the word "subject" was too loose.
He was ready to adopt any mode best calcula- It would be better, he thought, to have a varieted to gratify popular feeling, to which hie res- ty of subjects, relating to the same object, in one
ponded with all his heart and soul, which de- bill, instead of having them scattered through
mands that the laws shall be made so clea r that several bills, a separate bill for each separate
even the unlettered man may know then a, and subject, although relating to one general object.
that the "way-faring man, though a foo l mray If tie act should be either altered or amended,




325
the whole would have to be re-enacted and pub-  Rule twenty-ninth to be repealed, and the
lished at length. He could not see any proprie- following rule to be substituted:
ty in this. It was an inconsistency which he  A motion to postpone to a day certain, to cornm
thought ought to be avoided.                mit, to determine the priorityof business or to
The question was then stated  be on theto lay on the table, shall be decided without deamendment of Mr. SCHLEY.                    bate.
The hour was now growing late, when                     RULE THIRTIETH.
A motion was made that the House adjourn,   Every amendment or motion may be divided
but was withdrawn, and renewed.             into as many parts as it is susceptible of, and seThe motion by yeas 30, nays 39, was rejected. parate votes taken on each if required.
A call of the House was ordered, and        Which was read.
The call of' the roll had been commenced,   On motion of
when                                         Mr. MORGAN, it was
A motion was made. that further proceedings  Ordered, That it be entered upon the Journal
on the call be dispensed with.              that Mr. Hopewell is detained from his seat in
A motion was again made, that the House ad- this Convention, in consequence of the indisposijourn; and                                  tion of a member of his family.
By yeas 34, nays 34, was rejected.          Mr. KILGOUR offered the following order:
So the House refused to adjourn.
After some conversation,                    Ordered, That when this Convention shall adThe Convention adjourned until to-morrow at journ, it stand adjourned over to Monday, the
ten o'clock.                                24th inst., at twelve o'clock, in honor of the anniversary of the birth day of the illustrious
George Washington.
The order having been read,
Mr. KILGOUR said:
Mr.President-To-morrow is the twenty-second
of February, the birth-day of the illustrious
FRIDAY, Feb. 21st, 1851.   Washington.
The Convention met at ten o'clock.          It has always been customary, I believe, for
Prayer by the Rev. Mr. GRIFFITH.          bodies of this kind, to suspend business for that
A quorum  being present, the Journal of yes- day, to pay that respect wh/ch is due to his met    erda  was read and approvesentthe Journal mory. But more particularly has it been deterterda~ was read and approved., 
mined, by all the Conventions, and Legislative
RULES OF THE CONVENTION           bodies, now in session throughout the country, to
pursue this course, on the approaching anniverMr. RICAUD, Chairman of the select commit- sary of the father of his country, and to make it
tee appointed to revise the rules submitted the a day of thanksgiving to kind Ileavenr for the
following                                   peace and harmony which now pervade our heREPORT:                   loved Union-under the operation of the compromise measures, adopted by Congress, after
Strike out the seventeenth rule and insert:  the tremendous and powerful crisis through
The previous question shall be always in or- which it has passed. I hope the resolution will
der in Convention, that shall be in this form: be unanimously adopted.
"Shall the main question be now put?'  It shall  Mr. SMITH briefly opposed the adoption of the
only be admitted when demanded by a majority order, on the ground of theldifficulty of procuring
of the members present, and its effect shall be to a quorum after the adjournment, and of the neput an end to all debate and to bring the Conven- cessity, in view of the approach of Spring, of
tion to a direct vote. upon pending amendments proceeding as rapidly as possible with the puband the section of the Constitution then under lie business.
consideration. On a motion for the previous   Mr. FIERY moved that the resolution be laid
question, and prior to the seconding of the same, on table.
a call of the Convention shall be in order; but, Mr. SMITH asked the yeas and nays which
after a majority shall have seconded such motion, were ordered! and, being taken, resulted as folno call shall be in order prior to a division of the lows:
main question.                                Affirmative-Messrs. James U. Dennis, Hodson
RULE EIGHTEENTH.               Phelps, Stephenson, McHenry, Nelson, Thawley, Gwinn, Schley, Fiery, H-larbine, Weber,
On a previous question there shall be no de- Smith, Parke, Shower, Cockey and Brown-17.
bate. All ircidental questions of order arising.eg-ative-Mlessrs. Chapman, President, Morafter a motion is made for the previous question gan, Blakistone, Dent, Ricaud, Chambers, of
and pending such motion shall be decided, whe- Kent, Dorsey, Wells, Randall, Sellman, Weems,
ther on appeal or otherwise; without debate.  Merrick, Bell, Welch, Dickinson, Sherwood of
The rules from eighteenth to tventy-eighth, to lalbot, John Dennis, Williams, Goldsborough
be altered numerically so as to correspond with McCullough, Miller, Tuck, Sprigg, McCubbin
this report.                                George, Wright, Jacobs, Thomas, Shriver. Bi



326
ser, Abnan, Magraw, Carter, Stewart of Caro-  Mr. EGE; On that amendment I ask the preline, Ware, Davis, Kilgour, Brewer, Waters, vious question,
Anderson, Hollyday, Fitzpatrick and Ege-43.  Mr. GWINN called for a division of the quesSo the Convention decided that the resolution tion.
should not be laid on the table.             The PRESIDENT said that the gentleman from
The question then recurred on the adoption of Montgomery, (Mr. Davis,) had yesterday called
the resolution.                            for a division.
r.  MTH asedthe yeas ad,       Mr. BLAKISTONE. If the gentleman from CarMr. SMITH asked, the yeas and  ays, which roll, (Mr. Ege,) insists on the previous question,
were ordered and, being taken, resulted as fol   shall move a call of the Convention.
lows:                                        Mr. EGE. I do insist. We have been three
lffiranative-Messrs. Chapman, President, Mor- days wasting the time of the Convention in usegan, Blakistone, Dent, Ricaud, Chambers of less discussions on this question.  Gentlemen
Kent, Dorsey, Wells, Sellman, Weems, Mer- were as well prepared to vote two days ago as
rick, Buchanan, Bell, Welch, Lloyd, John Den- they are now.
nis, Williams, Goldsborough, McCullough, Mil-  Mr BLAKISTONE. Then I insist on my motion
ler, Tuck, Sprigg, McCubbin, George, Wright, for a call of the Convention.
Jacobs, Thomas, Gaither, Biser, Magraw, Car-  The question was taken on the motion of Mr.
ter, Stewart of Caroline, Brent of Baltimore BLAKITONE, and,having been decided in the afcity, Ware, Davis, Kilgour, Brewer, Waters, firmative
Anderson, Hollyday, Fitzpatrick, and Ege —41.  The roil was called.
N'egative-Messrs. Dickinson, Sherwood of    The names of the absentees were then read.
Talbot, James U. Dennis, Hodson, Phelps, Shri- r. GE moved that further procedings on
ver, Annan, Stephenson, McHenry, Nelson, the call be dispensed with.
Thawley, Gwinn, Schley, Fiery, Harbine, Web-  Mr. RICAUD said there were some members in
er, Smith, Parke, Shower, Cockey and Brown —   ity  who desired to vote, but  o did not e
21.                                         pect that the question would be taken so soon.
So the resolution was adopted.              After some conversation,
INSPECTION OF TOBACCO, ETC.          The Convention refused to suspend proceedings
on the call.
Mr. SELLMIAN  offered the following order,  The PRESIDENT then directed the door-keeper
which was read and adopted:                 to wait on such of the absentees as were in the
Ordered. That the Treasurer be requested to city and notify them to attend.
report to this Convention the amount of money  A pause followed, after which
exPended in the purchase of lots and the erection  The PRESIDENT stated that the door-keeper had
of Warehouses in the city of Baltimore, for the returned, and had notified the absent members,
Inspection of Tobacco; and also to report further, &e.
whether the purchase of Lots, the erection of  Further proceedings on the call were then disWarehouses and the expenses of Inspection are pnsed with
now, or have been at any time heretofore a charge    question recurred on thedemnd of
And the question recurred on the; demand of
upon the Treasury of the ftate.             Mr. EGE foi the previous question.
CODIFICATION OF THE LAWS, ETC.         There was a second. And the main question'ICL, E(on the amendment of Mr. SCHLEY,) was ordered
Mr. GWINN rose and gave notice that he would, to be now taken.,
at the proper time, if the course of the proceed-  Mr. DAVIS withdrew his call for a division.
ings should authorise it, move a proposition in  Mr. GWINN renewed it.
relation to the matter pending at the adjourn-  The PRESIDENT stated that the proposition was
ment yesterday. He would merely remark, that susceptible of three divisions.
he did not offer it on his own judgment alone,  Mr. THOMAS suggested another subdivision,
but upon consultation with other gentlemen.  which was ordered.
The amendment was read.                     The first division was stated as follows:
Mr. DoRSEY rose and gave notice that he would,
at the proper time, offer a proposition as a sub-  The Legislature at its frsttsession after the
stitute for the proposition yesterday offered by adoption of this constitution, shall appoint one or
epphimself,    s iu                     nmore commissioners learned in the law, whose
The substitute was read.                  duty it shall be to revise and codify the statutes
On motion of Mr. BROwN, the Convention pas- ot his S
sed to the orders of the day                Mr. EGE called the yeas and nays, which were
ordered.
T'HEn LEGISLATIVE  DEPARTM ENT.        The question then was taken and resulted as
The Convention resumed the consideration of follows:
the report heretofore made by Mr. JOHNSON, from,ffirmative.-Messrs. Chapman, President, Morthe committee on the legislative department.  gan, Blakistone, Dent, Ricaud, Lee, Chambers,
The pending question was on the amendment of Kent, Weowls, Bond, Merrick, Buchanan,
offered yesterday by Mr. SCHLEY to the sixteenth Bell, Welch, Lloyd, Dickinson, Sherwood, of
section. [See yesterday's proceedings.]     Talbot, John Dennis, James U. Dennis, Wil



327
liams, Hodson, Goldsborough, Phelps, McCul-   So the third branch of the amendment was
lough, Miller, Tuck, Sprigg, McCubbin, Bow- agreed to.
ng, WrigBht, Dirictkson, Hean, Jacobs, Thomas,  The question was then taken on the fourth and
Shriver, Biser, Annan, Stephenson, McHenry, last branch of the amendment, as follows:
Magraw, Nelson, Carter, Thawley, Stewart, of
Caroline, Gwinn, Brent, of Baltimore city,    "And it shall be the duty of the Legislature at
Ware, Schley, Fiery, Neill, Harbine, Kilgour, the expiration of every subsequent period of ten
Brewer, Waters, Anderson, Weber, Hollyday, years after the adoption and promulgation of the
Fitzpatrick, Smith, Parke, Ege, Shower, Cockey code of la'ws, to have published and promulgaand Brown-62.                               ted allthe Statute Laws of this State.then in
Negative -Messrs. Dorsey, Wells, Sellman force."
and Da~vis-4.                                 And the result was as follows:
So the first branch of the amendment was     Sffirmative.-Messrs. Chapman, President,
~~~~~agreed to.  ~Morgan, Blakistone, Dent, Ricaud, Lee, ChamThe question was then taken on the second hers, of Kent, Weems, Buchanan, Bell, Welch,
branch of the amendment, which was in the fol- Lloyd, Dickinson, Sherwood, of Talbot, John
lowing words:                               Dennis, James U. Dennis, Williams, Hodson,
"And one or more commissioners learned in McCullough, Miller, Tuck, Sprigg, McCubbin,
the law, whose duty it shall be to revise, simpl  Bowling, George, Wright, Dirickson, Hearn,
fythe law, wsimpli- Thomas, Shriver, Biser, Annan, Stephenson,
fy and abridge the rules and practice, pleadings, Thomas, Magraw, Nelser, Anate   henson,
forms and proceedings of the courts of record in     Magraw, Nelson Carter Thawley
this State "                                Stewart, of Caroline, Brent, of Baltimore city,
Ware, Schley, Fiery, Neill, Harbine, Davis,
The result was as follows:                Kilgour, Brewer, Waters, Anderson, Weber,
gffirmative.-Messrs. Chapman, President, Mor- Hollyday, Fitzpatrick, Smith, Parke, Ege, Showgan, Blakistone, Dent, Ricaud, Lee, Weems, Bu- er, Cockey and Brown-2.
Xegative, —M essrs. Dorsey,, Wells, Sellman,
chanan, Bell, Welch, Lloyd, Dickinson, Sher- Goldsborough,-Mssrs Dors, Wells   ellman
wood, of Tlbot, John Dennis, James U. Den, Phlps and Gwinn-6
nis, Williams, Hodson, Phelps, McCullough,    So the fourth and last branch of the amend
Miller, McCubbin, Bowling, George, Wright, ment was agreed to.
Dirickson, Hearn, Jacobs, l homas, Shriver, Bi-  The question then recurred on the amendment
ser, Annan, Stephenson, McHenry, Magraw, proposed by Mr. SPENCER, as a substitute for the
Nelson, Carter, Thawley, Stewart, of Caroline, said section, as amended.
Gwinn, Brent, of Baltimore city, Ware, Schley,  Some conversation followed on a point of
Fiery, Neill, Harbine, Kilgour, Brewer, Waters, order.
Anderson, Weber, Hollyday, Fitzpatrick, Smith,  Mr. DORSEY directed the attention of the ConParke, Ege, Shower, Cockey and Brown-58.    vention to that part of the amendment of Mr.
XNegative.-Messrs. Chambers, of Kent, Dor- SCHLEY, which proposed that the Legislature
sey, Wells, Sellman, Goldsborough,Tuck, Sprigg should appoint, one or more, commissioners to
and Davis-8.                                codify, &c.
So the second branch of the amendment was   Mr. DORSEY thought that a provision, so inagreed to.                                  definite, ought not to be incorporated into the
Tte question was then taken on the  ird. Constitution. The number of commissioners
The question was then taken on the third
Tbranch of the amendent, which was in the fol- might be so multiplied, thatthere'would be no rebraneh of the amendment, which wtas in the fol-  ilit any where as to the manner in which
lowing words:                               sponsibility any where, as to the manner in which
the work should be done. The result probably
6 And report the same to the Legislature for might be, that the character of the work might
adoption."                                  be such as to render it of no value. The expense, under such a system, would probably be
The result was as follows:                double under the plan proposed by himself.
Affirmative. —Messrs. Chapman, President, Mor-  Mr. D. was also opposed to the other part of
gaq, Blakistone, Dent, Ricaud, Lee, Chambers, the amendment of the gentleman, which provided
of Kent, Sellman, Weemns, Bond, Buchanan, for the appointment of commissioners, in relaBell, Welch, Lloyd, Dickinson. Sherwood, of tion to pleadings, &c. He thought that the
Talbot, John Dennis, James U. Dennis, Wil- Convention ought to pause before giving such
liams, Hodson, Goldsborough, Phelps, McCul- powers to any commissioners. Under the power
lough, Miller, Tuck, Sprigg, McCubbin, Bow- thus given, tfe commissioners might abolish speling, George, Wright, Dirickson, Hearn, Jacobs, cial pleading altogether. The gentleman had
Thomas, Shriver, Biser, Annan, Stephenson, Mc- stated that he had no such intention.
Henry, Magraw, Nelson, Carter, Thawley, Stew-  Mr. D. had no doubt as to the gentleman's inart, of Caroline, Gwinn, Brent, of Baltimore city, tention. But the language of the amendment
Ware, Schley, Fiery, Neill, Harbine, Davis, was unlimited, and gave the power to the comr
Brewer, Waters, Anderson  Weber, Hollyday, missioners to do as they pleased. Great expense
Fitzpatrick, Smith, Parke, vge, Shower, Cockey would also be incurred, without the attainment of
and Brown-63.                               any commensurate object.
~Negative.-Messrs. Dorsey and Wells-2-.   Mr. D. then briefly explained the character of




328
his own amendment, and the claims to prefer- pleading and rules of practice in the courts of reence which, in his judgment, it possessed.  cord of the State, an object of which.I highly
Mr. BUCHANAN concurred in part, he said, in approve, it will add very little to the labors of
the opinion expressed by his friend from Anne that commissioner, to prepare a set of simple and
Arundel, (Mr. Dorsey.) He, (Mr. B.,) thought abridged forms of conveyancing, which, when
that the proposition to appoint one or more com- once recognized in a formal manner, will immemissioners, was too indefinite and might lead to diately obtain general use.
difficulty. But he did not concur in the proposi-  Mr. D. then moved to insert after the\word
tion of the gentleman to appoint only two com- "State," in the fourth line, the following:
missioners, no matter how  distinguished they  "And also to simplify and abridge the forms of
might be. It would be safer, (Mr. B. thought,) conveyan cing, now in use in this State."
looking to the grand divisions of the State-the
local legislation of the State, and the legal ability  The question was taken and the amendment
of the State, that three should be appointed. At was agree d to.
all events, he thought the number should be de-  Mr. CH:AMBERS, of Kent, asked the attention
finite.                                     of the gentleman from Washington, [Mr. Schley]
to the language of his amendment. Was it the
He referred to the code of Louisiana, as to the p e  the gentleman to revis and codify the
purpose cf the gentleman to revise and codify the
accuracy of which some doubts had been expres-       as well as the public laws?
sed, and spoke of it as a highly valuable and  Mr.Siv HLEY. It is not.
Mr. SCBLEY. It is not.
accurate production.                          Mr. CHAMBERS did not intend,he said, to'make
Nor could he agree with the gentleman from  any motion himself. He merely called the noAnne Arundel, in the apprehension he had ex- tice of the gentleman to the words of the amendpressed, as to the othexr portion of the amend- ment, which were "whose duty it shall be to rement of the gentleman from  Washington, [Mr. vise and codify the statutes of this State."
Schley,] that, in the large discretion given to the  Mr. SCHLEY, [acquiescing in the suggestion of
commissioners, the system of special pleading Mr. Chamhers,] moved to amendhis amendment
would be broken down, There was no danger by inserting before the word "statutes," whereof that result, in the first instance. But if the everit occurred, the words"public general."
commissioners should think that a system could,  w        
be devised by which justice could be better ob- The amendment was agreed to.
tained than by special pleading, let us get rid of  Some conversation followed in relation to the
it. He hoped that thie commissioners might con- propriety of the words'public general," in which
elude that it would be: expedient to get rid of a Messrs. DorSEv, SCHLEY, THOMAS and CHAMlarge portion of the system, if not of the whole. BERS, of Kent, took part.
The very reason, therefore, which induced the  The substitute amendment of Mr. DORSEY, was
gentleman from Anne Arundel, to go against that then again read, as follows:
portion of the amendment, would induce him,   "Section 16. The style of all laws shall be:
(Mr. B.,) to go against it.'<"Be it enacted by the General Assembly of MaMr. TUCK moved to amend the sixteenth sec- ryland."  The Legislature of Maryland, shall at
tion, as amended, by inserting in the second lie, itnext session, if then practicable, if not, as soon
after the word "commissioners," the words "not thereafter as it can be done, contract with two
exceeding three," also by inserting the same learned jurists of this State, distinguished, as
words after the word "commissioners," in the well for their industry as professional ability, to
fourth line.                                codify or digest and abridge the public acts of
The question was taken and the amendment Assembly then in force, and every ten years
was adopted.                                thereafter, and additional code or digest, shall,
Mr. DENT said:                            in like manner, be made of all public acts of the
I have an amendment to. offer, the object of Legislature, passed subsequently to those emwhich is to refer to the commissioners to be ap- braced in preceding codes or digests, and no act
pointed under this section, the forms of con- of Assembly shall include in itsenactments, subveyancinz now in use in this State, that they also jects unconnected with each other, and forming
may be simplified and abridged. It has beensug- fit subjects for distinct and independent legislagested to me, that this matter is otherwise pro- tion; and the title of every bill shall indicate the
vided for; but I am  not aware of any provision nature of its enactments, and no law or any secfor this object, more than exists in the Legisla- tion thereof, shall be continued. revived,
ture by non-prohibition. The Legislat-ure also amended or repealed by reference to its title onhas the same power, with regard to forms of ly, or the number of the section."
pleadings, rules of practice, &c., in the courts of  Mr. BROWN said, it was his intention to vote
record. The power of the Legislature, in these against the substitutes of the gentleman from
matters, is not questioned. But the object of the Queen Anne, [Mr. Spencer,1 and the gentleman
section proposed, is to place the Legislature un- from Anne Arundel, [Mr. Dorsey,] with the inder constitutional obligations, to perform the du- tention of voting for the substitute of the gentleties specified in the section. I consider the man from the city of Baltimore, (Mr. Gwinn.)
abridgement and simplification of conveyancing,  Mr. SCHLEY took two objections to the substivery important and necessary for general conrve- tute of the gentleman from Anne Arundel, [Mr.
nience; and as it has been determined to appoint Dorsey,] first, that it proposed eithir a codificao
a commission to simplify and abridge the for as of tion or a digest, (i. e. abridgement.)




329
Mr. DORSEY said, his amendment left it dis- /Schley, Fiery, Harbine, Brewer, Weber, Hollycretionary with the Legislature, to contract day, Fitzpatrick, Smith, Parke, Ege, and Showeither for one or the other, as they might think er-36.
proper. He, [Mr. D.,] had no doubt what their  So the Convention refused to strike out.
choice would be.                             Mr. GWINN then offered the substitute of which
Mr. SCHLEY said, what was wanted, was a he had given notice, as follows:
codification.                                "All laws shall be passed by original bill, and
The second objection to the substitute of the every law enacted by the Legislature, shall emgentleman from Anne Arundel, was that it omit- brace but one subject-and that shall be describted any provision in relation to pleadings, &c.  ed in the title,-and no law or section of law,
Mr. CHAMBERS, of Kent, desired, he said, to see shall be revived, amended, or repealed, by refersome proposition adopted which might lead to a ence to its title or section only, and it shall be
codification   e    aw   o   t          t  the duty of the Legislaturews of  the State, undee first session
sanction of the Legislature. He had no prefer- after the adoption of this Constitution, to appoint
ences as to its paternity; nor had he regarded two commissioners, learned in the law, to revise
the question of so much importance as some gen- and codify the laws of this State, and the said
tleman had. He had not risen to make an argu- commissioners shall report the said code so formment, but only a suggestion. It was easier to ed to the Legislature, within a time to be by it
codify a part of the laws, than the whole of them. determined, for its approval, amendment or reIt wds more likely that an early result would be jection, and if adopted after the revision and
reached by confining the code, in the first place, codification of the said laws, it shall be the duty
td public general laws. If the commissioners of the Legislature, in amending any article or
should accomplish that portion of the work, the section thereof, to enact the same as the said arLegislature would very probably make provision ticle or section would read, when amended; and
for codifying the public local laws. And he sug- whenever the Legislature shall enact any public
gested to the Convention the propriety of deciding general law, not amendatory of any section or
that question. With a view to bring it distinct- article in the said code, it shall be the duty of
ly before the Convention, he would move an theLegislature to enact the same in articles and
amendment.                                 sections, in the same manner as the said code may
The amendment was not now in order.      he arranged; and to provide for the publication
The question then recurred upon the substitute of all additions and alterations which may be
as offered by Mr. SPENCER.                 miade to the said code; and it shall also be the
NN   tted to te Coeto tt duty of tile Legislature to appoint one or more
Mr. SBUPHANN, stated to the Convehnti o that commissioners, learned in the law, whose duty it
Mr. SPENCER had informed him that he had shall be to revise, simplify and abridge tie rules
been compelled to leave the city on pressing busi-  f practice pleadings, forms and proceedings of
of practice, pleadings, forms and proceedings of
ness, and desired him to ask the Convention to the courts of record in this State."
pass over the sixteenth section informally, until  The substitute having been read,
he could be present.
he could be present.                         Mr:GwiNN   made some remarks (which will'The question was then taken on the substitute  Mr"'Gwm  made some remarks (which will
o rThe question d was th e ce n t he substituteg  be found embodied in a report of some other reof Mr. SPENCER, and it was decided in the nega-marks at a later period of the day.)
a.t~iv~~....              Mr. THOMAS expressed his hope that no motion
SQ the substitute was rejected.          would be made to divide the question. The efTie question then recurred on the substitute fect of a division would be thatthe question would
~of Mr. DORSETY~. ^first be taken on striking out, leaving them at
Mr. CHAMBERS, of Kent, offered the amend- liberty to insert any article hereafter, and the
ment he had indicated, but, on a suggestion by vote on that motion, should it prevail, would be
Mr. THOMAS, and after some conversation, with- no indication of the sense of the House on the
drew it.                                   merits of the particular proposition now offered.
The question, therefore, again recurred on the For this reason he hoped that there would be no
substitute amendment of Mr. DORSEY.        division of the question.
Mr. STEWART, of Caroline, called for a divis-  The question was then stated to be on the subion on striking out the section, which was order- stitute amendment of Mr. GWINN.
ed.                                          Mr. DORSEY moved to amend the substitute by
Mr. DORSEY asked the yeas and nays, which striking out the woid "general."
were ordered and, being taken, were as follows:  The amendment was rejected.
4Jffirnative-Messrs. Chapman, Pres't., Mor-  The question recurred on the amendment of
gan, Blakistone, Ricaud, Lee, Chambers of Mr. GWINN.
Kent, Dorsey, Wells, Sellman,Weems, Merrick,  Mr. STEPHENSON asked the yeas and nays
Williams, Goldsborough, Phelps, Tuck, Sprigg, which were ordered.
McCubbin, Hearn, Jacobs, McHenry, Gwinn,     Mr. DORSEY called for a division, so as to take
Ware, Davis, Kilgour, Waters, Anderson, and the question separately on that portion of the
Brown-26.                                  amendment which related to pleadings, &c.
Negative-Messrs. Dent, Buchanan, Bell,     Some conversation followed on a point o& orWelch, Lloyd, Dickinson, Sherwood of Talbot, der.
John Dennis, James U. Dennis, Hodson, Miller,  (n a suggestion by Mr. TUCK,
B)wling, Wright, Dirickson, Thomas, Shriver,  Mr. DorsEY withdrew the call for a division.
Stewart of Caroline, Brent of Baltimore city,  Mir, CIHAM1BERS, of Kent, gave his views of the
42




330
state of the question, under the different amend- eles would be thrown in t1te way of present lements which had been adopted.               gislation by the course he.recommended.. He
Mr. CHAMBERS explained, in detail, the vari- thought that by it this danger would be avoided,
ous particulars involved in the amendment of the of surprise on the Legislature, when the section'
gentleman from Baltimore, to show that it inclu- to be repealed or amended and the-whole act of
ded all the provisions which the Convention, by incorporation, of which it was a part, were printits previous votes, had expressed a willingness to ed and laid before the House, having the quesadopt, except only a portion of the amendment tion of repeal under consideration.
of the gentleman from Caroline. He advocated  Mr. CIHAMBERS thought much difficulty would
the system of codification, and would agree to grow out of the use of indefinite language. An
the plan of simplifying the system of special act of Assembly often has a variety of "objects."
pleading, as it seemed to be the wish of the Con- It cannot be necessary to re-enact a whole law,
vention. He suggested various difficulties which perhaps a long one, and to republish it because a
must result, if the Convention adhered to the por- new law changes some one of these objects, or
tion of the amendment which was now omitted. provides a new and additional rule concerning
le was aware how difficult it was for gentlemen them. He instanced cases that might occur in
who had cast their votes in favor of it yesterday, in regard to the testamentary act, which is almost
to surrender pre-conceived and pre-expressed a volume of itself.
opinions. It was a false pride, though common  He did not perceive how the proposed prevento us all. But he did believe, if persisted in, tion of frauds was to be accomplished by it, as
this necessity to repeal or re-enact every thing in suggested.
a former law having an " object " in common   If, as has been said, members of the Legislature
with the new law, would result in many and' would not look at provisions in a printed volume,
great mischiefs. It would require infinite labor lying open before them, containing the laws of a
and a large share of legal investigation in every previous session, to learn the character of a bank
case/ and very often the result would be, that the charter or any other charter, why should we exnew law, by its repealing clause, would operate pect them to look at the pages of another docuupon previous provisions never intended to be re- ment  Nothing but a blind confidence, which
pealed; or if there were no repealing clause, the closes the eye to all means of information, exnew law would not be pursuant to the Constitti- cept from the party confided in, could occasion
tion for the want of a full enumeration and re- such gross and culpable neglect of duty. Misenactment of all the previous provisions having a placed confidence under any system will end in
common object. He denied that after the expe- fraud. Even inthis wonderful age of "progress,"
rience of its mischiefs in a few instances, it would that great desideratum was yet to be attainedprevent incompetent persons from attempting to "a mode to prevent the cunning knave from overdraft / cts of Assembly. Every session would rfaching the credulous and unsuspecting."
bring in new members of that class; and the last  He pointed out various advantages as likely to
to perceive his incompetency would be the incom- ensue from the adoption of the amendment of
petent member.   Experience of others would the gentleman from Baltimore.
never profit such a man. Bad as it might be to  Mr. GWINN said:,
have a law drafted so obscurely as to make it  That the gentleman from Kent, had so thodifficulty or even impossible to give it operation, roughly established the unreasonableness and init was worse to have this additional mischief, that convenience of the proposition of the gentleman
useful provisions of pre-existing laws should be from Caroline, that he would not recur to' any
annulled when no one desired or designed to re- portion of the argument upon that head. He
peal them.                                  desired, however, to answer an illustration, used
He illustrated these positions and strongly by thegentleman from Frederick. Admit that a
urged the adoption of the amendment of the gen- charter had been obtained, by the person alluded
tleman from Baltimore.                      to, which conferred, by way of supplement,extraMr. TiHOIAS made abrief reply, in which he ordinary powers upon any corporation. What
further illustrated the arguments he had made on did it prove? Why, surely, if the charter went
several previous occasions. Heenforced the po- beyond the intention of the Legislature, it desition he had formerly taken, that parts of some monstrated only that the Legislature,had been
laws ought not to be amended without rendering imposed on, or that the  committee, which
it necessary to re-enact the whole, because all had charge of that branch of the public business,
other parts would be affected by the change of a had not paid proper attention to their work. Nor
part. He referred to the acts granting charters did he see how the mistake could ordinarily octo banks and other corporations, which contained cur. For if a bill repealed an act by its title, or
a number of conditions and restrictions occupy- a section by its number, it was not likely that
ing various sections, and to the practice which any committee would be so grossly neglectful, as
prevailed, of lobby members coming here for the to omit the examination of that which they depurpose of obtaining supplementary acts for the signed to repeal, and if any thing were added
purpose of repealing such sections as were most it would speak for itself.
onerous, and said that our statute books were  If the whole law were to be re.enacted, worse
swelled out by these numerous supplements pas- errors would occur. By a supplement, the only
sed by Legislaturss that did not see their effect. mischief done, was what its terms accomplished.
He wished to avoid this inconvenient multiplica- But if the theory of the gentleman was true, and
tion of laws. He could not see that any obsta- whatever was omitted was repealed-infinitely




331
greater risks would be encountered. If a corn- of claims-the regulation of accounts-might all
mittee, or the legislature, were likely to fall into be disordered, and the most serious and irremedierror, from ignorance of the prior law,how much able embarrassments involve the whole system.
more likely would they be to commit mistakes, The only escape would be the re-enactment of
when the whole existence of the prior law would the whole law-a labor utterly useless in itself.
depend upon their knowledge of it, or sufficient Public convenience is readily gratified by digests,
re-enactment of its terms when it was discovered? which derive their authority from the character
He would take the case of another corpora- of the compiler. The plan offered by himself
tion, since the gentleman from Frederick had ensured the certainty of the law. He understood
alluded to the mischief, which supplements to a that this re-enactment was only intended as a
charter might affect. The laws relating to the public convenience. But since the whole system
Baltimore and Ohio Rail Road Company, fill a would be codified-why, by re-enactment make
considerable volume. They affect every portion a partial digest, when the re-enactment itself
of the economy and management of that road.  would be digested in the formation of a code?
Now, at the last session of the legislature, a The code would be made in some three or four
brief law of some dozen lines was passed, prescri- years-and the old system or legislation would
bing the time of the annual selection of the di- serve till then, The inconvenience had been
rectors of this company. It was a supplement endured for nearly two centuries, and it could
to the act of 1826, which incorporated the com- surely be borne with for four years longer at
pany. Who here can say, what parts of the most.
oldact this disturbed, so as to require a republi The objection to the amendment of the gentlec~~~~~ation?~ Tm~4i~'man from Washington, (Mr. Schley,) was that it
It might incidentally alter the whole relation did not provide for a codification of laws passed,
of the companyto the State-its largest stock- after the codeof existing laws was framed. It
holder-or it might, as was probable the case, be directed that there should be, every ten years,
a measure of mere inconvenience only.        a publication and promulgation of the statute
Yet this proposition would have entailed upon laws of the State, which were then in force. But,
the projector of this law, a laborious and difficult if there was to be a code, he could not see why
analysis of the very numerous acts of Assembly, subsequent laws should not be codified by the
relating to that Company, in order that all por- Legislature which passed them.
tions connected with it in the old system, might                  oud   u       d 
be preserved; or else, by their omission, they No commissioners would understand their
be preserved; or else, by their omission, they meaning better, and it was certainly running a
would have been constructively repealed. And,  seles better, fr one  islature to enact a
if asafercoursewerepursuedandthlzeow ofthe Iuseless circuit, for one Legislature to enact a
if a safer course were pursued, and the whole of the
law were re-enacted in one grand railroad law, the law-thri to appoip t men to o d ified- t- d a 
statute book would be over-loaded. So again, in third to accept it as codified-when the first
reference to any other charter. If a bank had acould have engrafted it, on the code itself, by legisprivilege given to it, which was an extension oflatin in that way, insteadof pursuing th usual
forms ofageneral act. The one   lan was as
an old liberty, it would require for its sf         of a general act. The one lan was as
all its old chartered privileges should be re-enact-convenent as the other, and moe  kely tolead
ed. He could conceive nothing more cumbrous. to a correct understanding of the law, and to its
than such legislation. The laws of one session symetrical growth.
would be the same of almost all that had gone  In offering his proposition, he could frankly
before, with the lucubrations of the year added. say, that he did it to. achieve a union of conflictIn more serious matters the case would be ing opinions, and he had freely acccepted every
worse. Take the testamentary law; it began in suggestion which did not interfere with the main
the last century, and its supplements are very plan.
numerous. Many of its sections contain provi-  Mr. T'OMAS said a few ]words in reply, in
sions, explicable to different classes of objects. which he said he would not publish the whole
The thread of connection is difficult to trace. statute, but merely the sections in it which were
Suppose that a new inconvenience were to occur to be amended.
if, as a member of the legislature, he was satis-     T    i
fied by his own experience, assisted by theug-       DENT  d:
ment.of abler counsel, that this inconvenience  He would move an amendment to the substicould be remedied, he would not have hesitated, tute ofered by the gentleman from Baltimore
under direction and advice, to introduce such an city, (Mr. Gwinn,) the same amendment, which
amendment. But if the proposition of the ge- upon his, (Mr. D.'s,) motion, had been engrafted
tleman  from  Caroline, carries, who  would  upon the amendment of the gentleman from
amend such a law? The risk would be too      Washington. He, (Mr. D.,) preferredit should
great.'                      come in at the end of the substitute. There was
If all the provisions properly belonging to the  some doubt whichof these amendments would be
amendment were not re-enacted, they would be adopted; he, therefore, wished to see his amendconsidered as repealed. But to re-enact them  ment incorporated upon both propositions. He
might demand apatient analysis of sections,which was sure there would be no opposition.
very few men were capable of performing.; and i  Mr. GwINN accepted the amendment of Mr.
yet, if this were not done, the tenure of property-  DE:NT, as a modification of his own proposithe most solemn formalities of the testamentary,tion.
system-the course of distribution- the probatej'The question then recurred on the modified




232
amendment of Mr. GWINN, and being taken, re-      TREASURY, AJnnapolis, Feb. 22nd, 1851.
suited as follows:                            Sir:-In compliance with the order of the Conffilrmnative-lMessrs. Chapman, President,Mor- vention of the 21st inst., "requesting the Treagan, Blakistone, Dent, Ricaud, Lee, Chambers, surer to report to them the amount of money exof Kent, Dorsey, Wells, Sellman, Weems, Mer- pended in the purchase of Lots and the erection
rick, James U. Dennis,Williams, Hodson, Golds- of Warehouses in the city of Baltimore, for the
borough, Phelps, Tuck, Sprigg, McCubbin, Inspection of Tobacco, and also to report further
Hearn, Stephenson, McHenry, Nelson, Gwinn, whether the purchase of Lots, the erection of
Brent, of Baltimore'city, Ware, Fiery, Harbine, Warehouses and the expenses of Inspection are
Davis, Kilgour, Waters, Anderson, Hollyday, now, or have been at any time heretofore a
Cockey and Brown-36.                        charge upon the Treasury of the State."
~Negative- Messrs. Buchanan, Bell, Lloyd,   The Treasurer reports that the amount of exI)lckinson, Sherwood, of Talbot, John Dennis, pense incurred in the purchase of Lots and WareMiller, Bowling, George, Wright, Dirickson, houses, and in the erection of Warehouses, incluThomas, Shriver, Biser, Annan, Magraw, Car- ding payments on account of Interest on the
ter, Thawley, Stewart of Caroline, Schley,Neill, several loans which have been negotiated for
Brewer, Weber, Fitzpatrick, Smith, Parke, Ege, then, are
and Shower-28.                                For Insurances and other incidental expenSo the substitute of Mr. GWINN was agreed     ses,                         $722,994 43
to.                                           Of which has been paid,         559,304 76
The question then recurred on the adoption of                                _
the section as thus amended.                    Leaving due a balance of     ~163,689 67
Mr. TUCK moved an amendment.                He further states, that none of the expenses,
After some explanatory conversation on the either on account of the purchase of Lots, the
part of Messrs. TUCK, GW1NN and CHAMBERS, of erection of Warehouses, or of Inspection are now,
Kent,                                       or have at any time heretofore, been a charge on
Mr. CHAMBERS, of Kent, suggested that the ob- the Treasury of the State.
ect avowed in the amendment of the gentleman    Very respectfully, your obedient serv't.,
from Prince George's, (Mr. Tuck,) was accom-                     D. CLAUDE, Treasurer.
plished in the amendment of the gentleman from Hon. JNO. G. CHAPMAN, Pres't. of Con.
Baltimore city, (Mr. Gwinn )  We miglhtnot all  Which was read, and
see through the same spectacles, but he thought  On motion of Mr. DONALDSON
that when the Convention met on Monday, in a  Referred to the committee on Inspections.
calmer mood, the fact would be seen to be such
as he had stated.                                     RULES OF THE CONVENTION.
Therefore he moved to adjourn.
The Convention refused to adjourn.          Mr. RICAUD called up the report heretofore
Mr. TUCK withdrew his amendment,          made by him as Chairman of the select commit.
Some conversation followed on a point of order tee on the rules.
between Mr. BRENT, of Baltimore city, and the  And the Convention proceeded to the considerPRESIDENT.                                  ation thereof.
Mr. GWINN moved to amend the amendment,     The report was adopted, without debate or
by inserting the following words, to precede the amendment, preciselyin the form in which it was
said section:                               reported, (as published in Friday's proceedings.)
"The style of all laws of this State, shall be:  On motion of Mr. BROWN, the Convention pas-'Be it enacted by the General Assembly of Ma- sed to the orders of the day.
ryland,' and."
The amendment was agreed to.                      THE LEGIBLATIVE DEPARTMENT.
The section, as amended, was then adopted.     e C       n r     d t   c 
And the Corvention  adjourned until Monday  The Convention resumed the consideration of
And th    io      n adjou   d uil Monday the special order of the day, being the report
heretofore made by Mr. JOHNSON, from the committee on the legislative department of the government.
_-i- saBB~ —. —..             rpThe eighteenth section of the said reportbeing
under consideration in the words following:
" Section 18. No bill shall become a law unMONDAY, February 24, 1851.      less passed in each House by a majority of the
whole number of members elected, and on the
Pursuant to the order of Friday last, the Con- question of its final passage, the ayes and noes
vention met this day at 12 o'clock.         shal be recorded."
Prayer was made by the Rev. Mr. GRIFFITH.   Mr. PHELPS moved to strike out said 18th seeThe roll of the members was called, and a tion, and substitute in lieu of it the following.
quorum being present, the journal of Friday last  Section 18th. " No bill shall become. a law unwas read and approved.,                     less it receive the concurrent vote of a majority
The PRESIDENT laid before the Convention the of the members present in both Houses."
following communication from the Treasurer of  Mr. P. briefly explained the object of his
the State.                                   amendment.   He desired to make the seetion




333
conform to the twelfth and fourteenth sections of check upon hasty and excessive legislation, of
the report.                                which we had heard so much well-founded cornMr. WEEMS said he had intended to offer a sub- plaint. He hoped there was no doubt of its adopstitute for the eighteenth section, which he would tion.
now read.                                    Mr. SPENCER said, if he thought that the other
Mr. W. read his proposed amendment; but  provisions, which, he'took it for granted,,were o
Mr. DONALDSON having suggested that the sub- be inserted in the Constitution, would not le
stitute was properly an amendment to the twen- placed there, he should attach more weight to
ty-first and not to the eighteenth section,  the remarks of the gentleman from Anne ArMr. WEEMS withdrew his substitute for the undel, (Mr. Donaldson,) than under present
present.                                   circumstances he could attach to them. He
The question then iecurred on the amendment (Mr. S.) took it for granted that it was the inof Mr. PHELPS.                             tention of the Convention to incorporate in the
Mr. DONALDSON opposed the amendment. He Constitution provisions by which appropriations
had thought, in looking over the report of the of the public money, and pledges of the public
legislative committee, thatif any of its sections credit, for works of internal improvement, would
met with the general apprebation of the Conven- be arrested. If so, the direct effect would be to
tion, this certainly would. To his judgment it arrest the system of combination and log-rolling
was the most valuable provision in the whole re- on which thelgentleman had based his argument,
port.                                     that the vote of a majority of the whole body
There was in fact no inconsistency between ought to be required. He (Mr. S.) thought that
this section and the other sections to which the great inconveniencies would result from the
gentleman from Dorchester, (Mr. Phelps,) had adoption of the section as it stood in the report.
referred. By the 12th section, a majority of The proposition of the gentleman from Dorcheseach House shall constitute a quorum for the ter, (Mr. Phelps,) seemed to him a wise and salutransaction of business; it is on the single ques- tary provision, and he (Mr. S.) should vote for
tion of the final passage of the bill that this 18th it.
section requires the affirmative vote of a majori-  Mr. BROWN said, he did not like the language
ty of all the members elected; all antecedent of the section as it stood, and that he felt dispoquestions may be decided by a majority of a quo- posed to vote for the amendment of the gentlerum. By the 14th section the yeas and nays must man from Dorchester, (Mr. Phelps.)  Gentiebe recorded on any question, on the demand of men were to bear in mind that combinations
five members; by the section under consideration, were made against the passage of bills, as well
the yeas and nays must be recorded on the final as in favor of their passage; and though the secpassage of a bill, whether demanded or not.  tion as it stood in the report might prevent some
He believedthat no one who had had any expe- bad legislation, yet, as a Whole, he thought it
rience in our State Legislature, could fail to have would do more harm than it would do good. As
observed the great evils which had arisen from the at* present advised, he should prefer to take the
want of such provision. Hundreds of laws were language of the old Constitution. If he should
passed by the mere silent assent of the great body find that he was mistaken in his opinion, he should
of legislators, often passed by their titles, and of change his vote accordingly.
their contents most of those who permitted them  Mr. JENIFER thought that if there was one
to pass were utterly ignorant. Their firstknowl- single section, in the whole bill under consideredge of them was derived from the printed vol- ation, which, more than another, was wholesome,
ume of the statutes; and no votes having been salutary, and conservative, it was this; and he
recorded, every member was enabled to escape  thought that if the section should be struck out,
from responsibility for the injurious results of and nothing of an equivalent character be insertsuch legislation. The evil would be cured by ed, the legislation of the State would be worse
this provision. Under the present system, also, hereafter than it had been heretofore.
members frequently absented themselves for the  Mr. DONALDSON replied to the remarks of the
very purpose of ensuring success to measures, gentleman from Queen Anne's, (Mr. Spencer.)
which they dared not vote in favor of; and this and stated, that he did not mean to confine his
was an important part of most of the log-rolling, objections to the single class of bills, to which
which had inflicted so much injury on our own, that gentleman referred. Ourdearest rights and
as well as other States. He knew one case, interests, and the welfare of the whole commuwhere, by such management, a most injurious, nity, were involved in a great many other laws
and most unpopular change was made in the passed, or which might be passed by the legislaConstitution of our State, by thirty-five votes of ture. The bill to which he himself had before
the House of Delegates, little more than one-third referred, as having passed by the votes of little
of the number elected, confirming the act of a more than a third of the members elected to the
previous session. Adopt this 18th section and House of Delegates, was the incorporation of a
such absenteeism, whether fraudulent or not, lottery grant into the Constitution. Often, too,
could work no such evil effect; indeed, absentee- special acts were passed, which produced great
ism, which was one of the curses of our Mary- injustice to persons who knew nothing of any
land Legislatures, would itself be cured, for the purpose to apply for them.
presence of members would be absolutely neces-  In regard to the inconvenience of the section
sary to carry through effectually the business of proposed, he said, that the same provision was
legislation. It would also act as an admirable in the New York Constitution, and he had never




334
heard of anydifficulty arising therefrom in that absence of such a provision had been the source
State, although thejinterests represented in her of serious evil to the legislation of the State.
legislature were of such great variety and mag-  He was also in favor of the last clause of the
nitude. This was, in fact, the true method of section-believing, as he did, that it was a savapcuring the attendance of members. Reference ing and salutary provision. He believed that it
had been made to the thinness of this Convention would obviate much mischief in the legislation
in which important questions were, from day to of the State.
day, decided by mere majorities of quorums.  Mr. WEEM  sugested that it was in the power
The fact, hlie must say, was discreditable.  Mr. WEEms suggested that it was in the power
But, the action of the Convention was, after of any member of the legislature to call for the
But, the action of the Convention was, after yeas and nays which, if the call was sustained by
all, only advisory. The people by their votes were yeas and nays which, if the call was sustained b
to adopt or reject what was done here; and if a small number of members, must be ordered.
the work were   good, it would matter   little It seemed to him, therefore, that there was no
the work were good, it would matter littlececsity for making an imperative rule, that the
whether it came from the hands of few or many. nececsity for making an imperative rule, that the
The legislature, on the other hand, made laws, yeas and nays should-be taken on every law, or
which, of their own efficacy, regulated the resolution, however unimportant or local its obwhich, of their own efficacy, regulated the ject might be. Such a rule would greatly retard
rights, and affected the interests of the people;ct might be. Such a rule would greatly retard
and those laws ought not to pass without the the business of the legislature.
express consent of a majority of the people's  He moved, therefore, to amend the section by
representatives.                          striking out the words "and on the question of its
Mr. D. insisted further on the evilsof log- final passage, the ayes and noes shall be recordrolling, which could not, perhaps, be entirely ed.  PRESDENT. That amendment will" take
prevented, but which might be greatly checked.  The PESNT. That amendment will take
By the decision of the Convention, that a- bill precedence of the substitute.
should relate to one object only, which should be  Mr. BISER. I call for a division on striking
expressed in its title, a blow had been already out.
struck at that vicious system of legislation; and  Mr. SfoPENr  s aid, he neprovisier could consentlated
a still more effective blow would be struck by the vote for striking ot the provision which related
adoption of the section under consideration. He to the yeas and nays.
therefore hoped that the amendment of the gen-  Mr. BLAISTONE moved an amendment confintlemanl from Dorchester would not prevail.  ing the operation of the restriction to bills appropriating money or imposing a tax upon the
Mr. PHELPS said, he had no particular objec- people.
tion to the latter clause of the section, (that  Mr. B. said, that, in his judgment, these were
which provided for the taking of the yeas and the only laws which absolutely required the vote
nays on the final passage of bills,) buthe thought of a majority of all the members elected. In
that its effect would be to retard the businessof ordinary matters of legislation, he thought such
the legislature, and to embarrass its proceed- a provision unnecessary.
ings.                                       He hoped the gentleman from Calvert, (Mr.
As to the section itself, if such a provision had Weems,) would accept the amendment as a modbeen inserted in the old Constitution, the result ification of his own proposition.
to the State of Maryland, would have been re-  Mr. WEEMS. I cannot do so. The amendpudiation and insolvency. To sustain this posi- ment does not at all suit my views.
tion he referred to the meagre vote by which  Mr. BLAKISTONE withdrew the amendment.
various important measures had been passed-  Mr. GWIN  said he could not agree td vote for
the majority in some cases being only one ortwo, the proposition just read by the gentleman from
not of the whole number elected, but of the St. Mary's (Mr. Blakistone). He did not suppose
number present.                           that anytmember could be influenced in his course
Mr. SPENCER would vote for the section, he by a call of the yeas and nays on a question, but
said, if he could believe for a moment that its the call possessed the advantage of placing the
effect would be, to cause all bills before the responsibility where it. og-tasrest. There is a
legislature, to be more thoroughly examined and great inconsistency in saying that a majority of
considered, or if he could feel justified in ex- the members is a quorum competent to transact
pecting from it any of the beneficial operation business, and yet requiring the yeas and nays
which was claimed for it. In his judgment, no only on the final vote. This he considered as
such result would follow.                  unjust in its operation. A majority of a quortun
He referred also to his own experience as sus- may have amended a bill and put it in a shape in
taining the assertion that, when action was ta- which it will pass, why then should there be reken upon great public measures. the attendance quired a majority of the whole House to pass it?
in the legislature was always full.       If the rule is to be made applicable at all, it should
Mr. BiSER said, that if he had been called upon be applicable in all the stages of the bill. Nor
to select one provision in this bill, better calcu- could he understand wh4 members who were ablated than any other, to promote the public in- sent, from sickness or any other necessity, should
terest, this was the section to which he should be always considered as opposed to a-bi!l. The
have pointed. Caution was the parent of safety. true secret and protection of legislation' must be
At home and abroad-in this Hall and out of it, in the:honor andd conscience of the individual
he was a majority man, and he intended to vote member. All questions;-should, in his opinion,
in favor of the first branch of the section. The be determined by a majority of the quorumt who




335
may be present. Absenteeism cannot always be Convention would be willing that important bills
prevented, as it frequently proceeds from causes should be passed by so small a number without
beyond the reach of legislative power, and ought the vote being taken by yeas and nays. But the
not to be permitted to influence the -fate of a fourteenth section of this bill provides that the
measure.                                   yeas and nays shall be ordered on the call of five
Mr. SPENCER moved to amend said eighteenth members of the House, and of one member of the
section, by striking out, in the second line, the Senate. As to the fact, whether a majority [of
words "which number of," and the word "elec- all the members elected had voted, the Speaker
ted."                                      could alwaysdecide that point. He thought that
Mr. PHELPS accepted the amendment.        he provision in the fourteenth section, to which
Some conversation followed.              the had referred, is a sufficient protection of the
Mr. WEEMS expressed a hope that the time public interests.
would never occur,.in this hall, when any billin-  Mr. PHELPS said he was not particularly tenavolving important public interests, would be per- cious of his own amendment. He was perfectly
mitted to pass without a call for the yeas and willing to accept the amendment of the gentlenays. This, he thought, was sufficientlyguarded man from Queen Anne's, (Mr. Spencer.) The
against, by the provision which had been adopted principle that a majority of the members present
that the yeas and nays should be taken on the should pass laws had been engrafted on the Concall of five members of the House, and one mem- stitutions of nineteen States, yet a cry was raised
ber of the Senate. But it was not necessary against this proposition, as if some terrible enthat they should be taken on every local and pri- croachment was about to be made on the usual
vate bill. As the section now stands,hebelieved course of legislation. He was indifferent whethit is required that the ayes and noes, shall be er any more laws were passed or not. If there
taken on all bills without discrimination. He was not another law passed in the next hundred
thought it would be better that a-majority of all years, he believed no harm would result. He
the members. elected, should be required on all would withdraw his amendment and accept that
laws of public concernment, and that, in such of the gentleman from Queen Anne's.
cases, the vote should be takenby yeas and nays.  Mr. CHAMBERS entirely concurred with the
He hoped the agricultural interest, on this floor, committee in the whole section as it stands. He
would vote for such a provision as that, no billof had hoped his friend from St. Mary's would have
a public character should be permitted to pass admitted that the vote by yeas and nays was althe Legislature without the vote of a majority of ways the mode of testing the sense of a legislathe whole number of members elected.       tive body. He would say, in reply to the gentleMr. MORGAN suggested that his friend from  man who was such a stickler for majorities, that
Calvert, would not be able to gain his object, twenty-four members, although the majority of
without some modification of his amendment. a quorum, was not a majority of the whole House.
How was he to ascertain whether a majority of  The question was then stated to be on the
the whole number of members elected, had voted amendment of Mr. WEEMs, striking out from the
without taken the ayes and noes.           section the following words:
Mr. WEEMS explained that it would be easy  "And on the question of its final passage, the
for the speaker, when he counted the House, ayes and noes shall be recorded."
to ascertain whether a majority of the whole  Mr. WEEMS asked the yeas and nays, which
number of members had voted.               were ordered, and being taken, resulted as folMr. MORGAN said it would not consume much lows:
more of the time of the House to take the yeas  Affirmative- Messrs. Dent, Weems, Lloyd,
and naysthan was consumed in dividing theHouse. Phelps, Stewart of Baltimore city, Sherwood of
He agreed that every one who had had much Baltimore city, Ware, Shower and Brown-9.
experience in legislation, must see the propriety  Negative-Messrs. Chapman, President, Morof adopting some such provision. He had himself gan, Blakistone, Ricaud, Lee,Chambers of Kent,
known a bill passed by a vote of onlytwenty-four Donaldson, Dorsey, Wells, Kent, Jenifer, Bell,
members, that being the majority of forty-six, Ridgely, Dickinson, Sherwood of Talbot, Colwhich was a quorum of the House, and that a ston, John Dennis, James U. Dennis, Williams,
very important bill. It would be better, he Hodson, Goldsborough, Miller, Tuck, Sprigg,
thought, to insert a provision in the Constitution, McCubbin, Spencer, George, Dirickson, Jacobs,
than to leave the matter to be settled by the Gaither, Biser, Annan, McHenry, Magraw, NelLegislature, many of whom cared little aboutthe son Carter,Thawley,Stewart of Caroline,Gwinn,
responsibility of their acts. Such a provision Schley, Fiery, Neill, Iarbine, Kilgour, Brewer,
embodied the only conservative principle, and Waters, Weber, Hollyday, Fitzpatrick, Smith
the only guard against negligent legislation. He and Parke-51.
wondered that any one could be found to sanction  So the amendment was rejected.
the principle of passing laws, without.reading  The question then recurred on the amendment
more than the title. There ought to be a guard of Mr. SPENCER.
against such infractions.                    The question was taken, and the amendment
Mr. JENIFER said, that forty-six members of was rejected.
the House constituting a quorum, twenty-four  And the eighteenth section was then adopwould be a majority of a quorum, and eleven be- ted.
ing a quorum of the Senate, six was a majority  Mr. FITZPATRICK offered the following amendof that quorum. He could not suppose that the ment to thereport:




336
"The Legislature shall have power to provide the word "elected" after "members." It would
by law, for exempting from execution not more then accord with the rest of the section.
than five hundred dollars worth of the household  Mr. McHENRY said this would make the profurniture or other property belonging to each vision still more stringent. The gentleman from
jamily in this State."                     Prince George's (Mr. Tuck,) says that these are
Mr. MORGAN called the attention of the gen- criminal cases, and that they should be treated in
tleman from Alleghany, (Mr. Fitzpatrick,) to a way analagous to others of the same character.
the fact that a similiar provision had been re- But impeachment cases are not always founded
ported by Mr. PRESSTMAN.                   on criminal acts. Very frequently, they merely
Mr. FITZPATRICK said the provision in the re- look to the removal of officers who have become
port alluded to, was not as specific as his own inefficient or incompetent. Even if a majority
proposition. But he would withdraw it, and had the power tomake these removals, he did not
gave notice that he should hereafter offer it as an think they would be made as easily as they ought
additional section.                        to be. Every facility ought to be rendered for
Mr. SPRIGG moved to amend said report by in- the removal of incompetent public officers. Exserting as the nineteenth section, the follow- cept in times of great party excitement, all the
ing:                                       the public sympathies would be in favor of the
"The House of Delegates shall have the sole accused; and it was his object to obtain some sepower of impeachment in all cases, but a majo- curity for the public interests.
rity of all the members, must concur in an im-  Mr. JENIFER was of opinion that if the amendpeachment; all impeachments shall be tried by ment prevailed, impeachment, instead of being a
the Senate, and when sitting for that purpose, criminal prosecution, would be a party or politithey shall be on oath or affirmation, to do justice cal persecution. You insert a provision in the
according to the law and evidence,.but no per- Constitution that these public officers shall be
son shall be convicted without the concurrence elected by the people, and then you insert anof two-thirds of all the Senators."        other provision giving a party majority the power
Mr. CHAMBERS expressed a wish that the to remove them from office by impeachment.
ords "not otherwise exprovessided fora wish this Con- The subject had been already discussed on a forwords "'not otherwise provided for in this Con- mer occasion. Be hoped the amendment would
stitution" should be stricken out. He thought mer occasion. He hoped the amendment would
that there was no other tribunal competent to not        reminded the House that this subMr. NEILL reminded the House that this subtry cases of impeachment but the Senate. They ject was likely to come up again for discussion,
were in a thousand instances founded on charges when the judiciary report shall be before the
which had no legal definition. The         whe   the Judiciary report shall be before the
duties of the ordefinary courts of law  appropriate  Convention. There was some portion of that leuties of the orinary courts of la  and of juries port which contained a provision of this charwere not at all applicable to such cases. They acter. He would, therefore, suggest it as the
ought to be tried only before a tribunal which is better course to postpone the consideration of
discharged from all the technicalities by which this question, until the report of the judiciary
the ordinary courts are bound.             this question, until the report of the judiciary
the -~b o   cort ae oudcommittee shall be up for consideration.
Mr. SPRIGG said he would accept the amend-  Mr. SPRIGG accepted the suggestion, and the
ment suggested by the gentleman from Kent, and section was informally laid over.
would modify his amendment according!y.      The nineteenth section was then read as folMr. McHENRY moved to amend the amend- lows:
ment of Mr. SPRIGG by striking out the kvords  Section 19th. No money shall be drawn from
" two-thirds," and inserting in lieu thereof  a the Treasury of this State but in consequence of
majority."
Mr. MCHENRY was sorry the amendment he appropriations made by law, an accurate statehad now submitted had not been offered by some ment of the receipts and expenditure of public
other gentleman. ie believed it would be found money shall be attached to and published with
impossible ever to get two-thirds of tbe Legisla- the laws after each regular session of the Generimpossible ever to get two-thirds of the Legislature to agree to the dismissal of an unworthy of- al Assembly.
ficer. He would be happy to take the sense of  sMr. RIDGELY moved to amend said sectiondby
the Convention on his amendment.                    the       wordin 
line, the following:
Mr. TUCK replied that the agreelment of two-ine the following:
thirds was required in most, or all of the other   "And every such law shall distinctly specify
States. The object of the two-third rule was to the sum appropriated and the obect to which it
protect the accused party against party or political to be applied.
hostility. That was the original cause of the pro-  The question was taken, and the amendment
vision. If, in ordinary cases, where an individu- was agreel to.
al is accused of crime, it is required that a jury  Mr. RIDGELY (to avoid all ambiguity, he said,)
of twelve men must agree on a verdict, he did moved to amend the section by adding at the end
not see why there should not be an agreement of thereof, the following words:
two-thirds in cases of impeachment, which are  "Provided,that nothing, herein contained, shall
also of a criminal character.  He therefore, operate to prevent the Legislature from placing
thought it would be much the best way to let it by appropriation a contingent fund at the disporemain two-thirds.                         sal of the Executive."
Mr. WEEMs, after requesting that the amend-  Mr. SPENCER stated, that he felt some hesitament should be read, suggested the insertion of tion about voting for this amendment, He hoped




337
the gentleman from  Baltimore county, (Mr. it, as itnow stands, the Governor may go on to
Ridgely,) would refrain from pressing it at this make extravagant expenditures. We are now
time. If he were urged now, he could not con- commencing anew government-we are entersent to vote for it, and he would feel himselfcom- ing on a new state of things, and he desired to
pelled to ask for the yeas and nays.       see an entireemancipation from the customs and
Mr. RIDGELY replied, that he was as much op  traditions of the past.
posed to the principle of placing the public money  Mr. BROWN would not vote for any restricat the disposal of the executive as any one. But tions. He thought there had been very good
it has always been the practice to leave a sum in legislatures heretofore, and he did not doubt that
his control to meet such contingencies as may there would be as good ones hereafter. All the
arise. And it was usual to place funds within acts of this body appeared to him to have a tenhis reach in case of any sudden exigency; and dency to abolish legislation altogether.' It was
as the legislature would be the judge of the na- only necessary to look back at the various reture of the exigency, which it was impossible for strictions which have already been imposed on
this Convention to foresee, and to provide for, he the Legislature, to be assured of this.
could not see what evil could result from the  He would like to know how much further this
adoption of the provision. The legislature only Convention intended to go. We ought to be
can be competent to judge of the exigency when careful lest while stopping one hole in the Conit shall take place.                      stitution, we make two fresh holes. He was
Mr. SPENCER admitted the full force of the re- very willing to impose restrictions on the Govmarks of the gentleman from Baltimore county; ernor, but he was not disposed to go to the exbut we must b er in mind that we are now es- tent of depriving the Legislature of all power.
tablishing a new government, and it becomes us Under such a pressure of business as there was
to proceed with great care. Heretofore,, expe- at the last session of the General Assembly, the
rience has taught us that modes have been de- new restriction requiring the ayes and noes to be
vised of getting round the Constitution. We called, could not be enforced without great risk
ought to guard against such practices hereafter. to important measures. While, on the one hand,
We have imposed many restrictions on the leg- you tie up the Legislature so as not to originate
islature as tothe appropriation of money, and if any business during the last three days of the
we now permit the legislature to place, at their session, you now come forward with this new
discretion, a contingent fund without limit, at restriction, which will lead to a great consumpthe disposition of the executive, it might open tion of time. You may almost as well abolish
the door to great abuses hereafter. He saw so all legislation at once. He begged gentleman
much cause for apprehension in this amendment, who Were thus eager after change, to pause
that he should not only vote against it, but he awhile, and reflect on what may yet be brought
must call for the yeas and nays on the question. forward. We have not yet done with this legisBut if the gentleman would placea limit on the lative report. He himself expected to make
amount, or if he could obtain from the Governor some proposition before it was disposed of. The
any information as to the usual amount required, House had established biennial sessions-he had
and would limit it to that amount, he would vote voted for annual ones. You are restricting the
for it.                                    Legislature until they will have nothing on there
Mr. DoNALDsomrsaid, he could tell the gentle- hands. He thought the Legislature as trustman from Queen Anne's, that the usual amount worthy as this body is, and that we ought not to
annually granted was $5,000, and had recently tie down their hands.
been $6,000. The executive cannot abuse the  Mr. McHENRY thought that it was a singular
grant; as he must render his account of expendi- mode of protecting the Legislature by giving
tures annually, to the legislature.        more power into the hands of the Executive.
Mr. SPENCER moved to amend said amend-    Mr. BRowN replied that this proposition gave
mert by adding at the end thereof, these words, power to the Legislature.
"not exceeding six thousand dollars per year."  Mr. McHENRY rejoined. We should labor to
Mr. MCHENRY expressed his opionion that throw power intothe hands of the people, who
there was no necessity to give any specific power only are worthy of entire confidence. They are
to the Legislature; but, he believed, that when trust-worthy; but he was not disposed to put
Congress made appropriations for contingent ex- too much trust in mere agents. He admitted the neperises, the objects for which the appropriations cessity of employing agents, but he was desirous
were made were specified,so that the grant should that they should be employed under a faithful
be for specific objects.                  and vigilant supervision.
Mr. DONALDSON   explained that the ap-   Mr.'DoNALDsoN suggested that there were a
propriations by Congress were not always speci- large number of accounts which the Governor
fic.                                       settled. There would be difficulty attending a
Mr. McHENRY thought this proposition would constitutional provision of a particular amount
bean anomaly in any Constitution. We came for this contingent fund. It might prove either
here to reform evils, but instead of imposing re- too large or too small, according to circumstanstrictions on the Legislative and Executive de- ces, which we cannot foresee. It must be left to
partments, we are opening the door for the en- the Legislature to make the sum appropriated
trance of new abuses. He would prefer to see correspond with the necessity. If the slm we
this power of appropriation put in another form, now fix should be too large for the necessities of
where it would not be liable to abuse. Under some particular year, then there would be a tci.43




338
dency and a temptation to spend the whole of it, to repel invasion, suppress insurrection, and if
which would lead to extravagance and favorit- threatened, toprovide for the public defence."
ism. On the other hand, exigencies might occur  Mr. GEORGE offered as a substitute for said
which would make the sum fixed entirely inade- section and substitute, the following:
quate, and thus, much inconvenience might be    ice 1. The amount of debts hereafter conproduced. There is but little danger of collusion tracted by the legislature, shall never exceed
between the Executive and the Legislature, in one hundred thousand dollars, except for the deorder to sanction extravagance in the former; and fence of the State, unless such debt shall be authe liability to account for these expenditures in thorized by a law providing for the collection of
detail, is a sufficient check on abuses. Such has an annual tax or taxes sufficient to pay the interalways been the practice, and it has led to no est on such debtas it falls due, an also todisevil result.                                charge the principal of such debt within fifteen
The question was then stated to be on the years from the time of contracting the same.
amendment of Mr. SPENCER.                   And the taxes laid for this purpose shall never be
Mr. SPLNCER withdrew it.                  repealed, or applied to any other object, until
The question then recurred and was taken on the said debt and the interest thereon shall be
the amendment of Mr. RIDGLEY, and it was fully discharged.
agreed to.                                    /rt. 2. The assent of two-thirds of the memAnd the question recurring on the section as berselected to each branch of the legislature,
amended,                                    shall be requisite to every bill appropriating the
On motion of Mr. SPRIGG, said section was public money, or pledging the public faith, for
further amended by adding, at the end thereof, local or private purposes; and, the legislature
the following:                              shall not have the power to malE \appropriations,
"And the Governor shall report to the Legis- loans, or subscriptions to any work of internal
lature at each session, the amount expended and  improvement.
the objects and purposes for which said amount  A motion was made to adjourn;
was incurred."                                But withdrawn to enable,
And the section, as amended, was then adopted.  Mr. DONALDSON to suggest that gentlemen who
The twentieth section was read, as follows:  had amendments to offer, should now offer them,
Sec. 20th. No divorce shall be granted by the that they might appear upon the journal.
General Assembly, nor any tax or other burden  Mr. HODSON gave notice that he should offer
be levied on the persons or property of the peo- at the proper time, the following as a substitute
ple, for the support of any religious sect or de- for the twenty-first section:
nomination.                                  "Nor shall the legislature borrow money for inNo amendment having been offered, the section ternal improvements, without first takingthe
was adopted.                                sense of the people through the ballot box; and
The twenty-first section was read, as follows. any county or the city of Baltimore, who may
Sec. 21st. No loans shall be made upon the cast a majority of votes against the proposition,
credit of this State which are not redeemable at shallbe exempt."
the pleasure of the State, except such as may be, g           n,                   a
authorized by an Act of Assembly, passed at one the proper tim e, the follo   s  susue for
session and ratified and confirmed at the next the proper timethe following as a substitute for
succeeding regular session of the General As- the twenty fourth section:
sembly.                                       "No senator or delegate of the assembly, if he
Mr RIDGELY explained that this section to- shall qualify as such, shall hold or execute any
gether with some other subjects, were referred office of profit, or receive the profits of any office
to the committee on municipalities, and they had exercised by any other person during the time for
deliberated on it, and come to an agreement to  which he shall be elected."
report some propositions to the Convention. As  Mr. DENT said:
it was thought the object of the committee could
be as well accomplished, by proposing their re-  We have adopted the twentieth section of this
solutions in the form of amendments to the leg- report, rather hastily I think. It reads thus:
islative report, as by making a separate report, "No divorce shall be granted by the legislature,
he would now move their adoption as asubstitute nor shall any tax, or other burden be levied on
to the amendment now under consideration.  the persons or property of the people, for the
support of any religious sect or denomination."
Mr. RIDGELY moved to amend said report by The section embraces two subjects, so very disstriking out the twenty-firstsection and substitu- tinct and dissimilar, that they should in my opinting.in lieu of it the following:           ion, be provided for in two sections.
"The credit of the State shall never be given  If in order, I therefore move a reconsideration
or loaned in aid of any person, association, mu- of the vote on this section.
nicipality or corporation, nor shall the legislature  The motion not being now in order,
contract any debt, which shall singly, or in the  Mr. DENT gave notice that he should move a.aggregate exceed a half million of dollars, for reconsideration of the vote on to-morrow.
which purpose a vote of three-fourths of all the; Mr. D. said, the subjects embraced in the secmembers elected to both branches of the Gener- tion had no connection with each other.
al Assembly shall be necessary, provided that the  The motion was entered on the journal.
State may contractdebts exceeding that amount,  Mr. WEEaMS gave notice that he should offer at




339
the proper time, the following as a substitute for ture, so soon as it may be compatible with the
the twenty-first section:                  provisions of the aforegoing section, to establish
"Nobill appropriating money or pledging the a uniform  system  of common school educafaith and credit of the State for works of inter- tion.
nal improvement, shallbecome a law, except it  Sec. 3rd. There shall be elected by the qualibe passed by a vote of two-thirds of the whole fled voters of the State, every  year, a Sunumber of representatives in each branch of the perintendent of education or common schools,
legislature."                               whose duties and compensation shall be prescribMr. BREWER also gave notice that he should ed by the Legislature.
offer at the proper time, the following, as a sub-  Sec. 4th. For the preparation of teachers for
stitute for the twenty-first section:       such schools, it shall be the further duty of the
"Section 21. No loans shall be made upon the Legislature to establish a Normal School for the
credit of this State, which are not redeemable education of parsons who may desire to become
at the pleasure of the State; and which may not teachers of common school, and that each county
be necessary to the payment of the existing pub- shall be entitled to its distributive share, accordlie debt; nor shall any taxes be imposed upon the ing to its present disposition by law.
assessable property of the State, nor upon the in-  Mr. S. in presenting the report, stated that it
habitants thereof, for any new schemes of im- had not been unanimously concurred in by the
provement, (or for any other purpose, other than committee, and that the members dissenting from
for the currentexpenses of the State,) except it reserved  the right to present their own
such as may be authorised by an act of assembly views.
passed at one session by a two-third vote of the  The report was read and ordered to be printwo Houses of the legislature, providing therein ted.
for taking the sense of the people thereupon at  Mr. CARTER, presented an account of James
the next election thereafter, and ratified and con- H. Fountain clerk of Caroline county court, for
firmed at the next succeeding session of the Gen- services rendered under the order of the Conveneral Assembly, in case a majority of the qualified tibn.
voters of the State shall have declared in favor  Which was read, and
of the said act of Assembly."                 On motion of Mr. CARTER,
And then the Convention adjourned until to-  Referred to the committee on accounts.
morrow, at 10 o'clock.                        On motion of Mr. HARBINE, the Convention
proceeded to the orders of the day.
THE LEGISLATIVE DEPARTMENT.
The Convention resumed the consideration of
the report of the committee on the legislative deTUESDAY, February 25, 1851.     partment.
Mr DENT, in pursuance of the notice he had
The Conventipn met at ten o'clockRM. R    yesterday given, moved a reconsideration of the
Prayer was made by the Rev. Mr. GRIFFITH, vote by which the twentieth section had been
The roll of the members was called.       adopted, as follows:
A quorum being present, the journal of yester-  ecio.  No divorce shall e granted by the
day was read, and having been  mended  "Section20. No divorce shall be granted by the
Onday was  read, and having b n that part whh General Assembly, nor any tax or other burthen
On motion of Mr. JENIFER, in that part which be levied on the persons or property of the peohad erroneously attributed to him the motion to be levied on the  persons or propertyligi   of the peoadjourn, was approved. ple, for the support of any religious sect or denomination."
EDUCATION.                     Mr. DENT said he had not made the motion
for the purpose of having the provisions of the
Mr. SMITH, chairman of the committee on section rejected, but for the purpose of having
education, submitted the following report:  them provided for in two separate sections. As
Section 1st. A permanent and adequate school the section now stands, it presented an amalgafind shall be establishedby the Legislature, so mation of subjects and objects entirely distinct
soon as the financial condition oF, the State shall and unconnected with each other.
justify it, the present fund for th e support of free  The PRESIDENT irtimated his opinion, that the
and common schools, and all nmoney, stock and section might be divided into two distinct secother property which may her eafter be appro- tions without the necessity of a motion to reconpriated for that purpose, or r-eceived into the sider.' It would not be in order, without. such a
treasury, under the provisionof any law hereto- reconsideration, to change the structure of the
fore passed to augment the s aid fund, shall be section; but a mere motion to divide, might be
securely invested and remain a pe rpetual fund, made.
and the income thereof, shall be aanually appro-  Mr. DENT submitted a motion in accordance
priated to the support of public schools, and it with the suggestion of the chair, and the section
shall not be competent for the'Legislature to was divided into two sections, as follows:
borrow, appropriate or use the saii; fund or any  "Section 20. No divorce shall be granted by
part thereof, for any other purponte, under any the General Assembly.
pretence whatever.. "Sec. 21. No tax or other burthen shall be
Sec. 2nd. It shall be the dut, -of the Legisla- levied on the persons or property of the people




340
fr the support of any religious sect or denomi. to pay more than if we made them payable after
nate.'                                      a certain time.
THE PUBLIC CREDIT, ETC.             The PRESIDENT stated that.the proposition of
TH CCREDIT, Ethe gentleman from Anne Arundel, (Mr. Dorsey,)
The twenty-first section was then read as fol- being a proposition to perfect the original seclows:                                      tion, would have precedence over the substitutes
"Section 21, (of the Report.) No loans shall proposed.
The question was then taken and the amendhe made upon the credit of this State, which are t o M. Do was e    ake and the amendnot redeemable at the pleasure of the State; ex-  Te question ten recurred on the su itute o
cept such as may be authorized by an act of As.  The  eston ten recurred on the  stitute of
sembly passed at one session and ratified and con-  r. ME N  caled fr 
firmed at the next succeeding regular session of  Mr MCHE    ced for a division, so that
the General Astsemsubly"eedng regular session of the question should first be taken on the motion
the General Assembly.",                     to strike out.
Mr. RIDGELYy in  ursuance of thefl notince he  Mr. RIDGELY accepted the substitute of Mr.
had yesterday given, moved the following as a GEoRGE as a m o dification of his own proposisubstitute for the said section:              EORGE as a modification of his own proposi"The credit of the State shall never be given  r. JOHN D  IS moved to amend said amendor loaned in aid of any person, association, muni-  Mr. Job Dsng  moved to      amendcipality or corporation, nor shall the Legislature
contract any debt, which shall singly, or in the debts, hereafter contracted bythe Legislature,
aggregate exceed a half million of dollar, for shall never exceed one hundred thousand dolagg egate exceed a half million of dollar J, for Iars,". and insert in lieu thee'eel "the Legislature
which purpose a vote of three-fourths of all the
members elected to both branches of the General hereafter shall contract no debt.,'
Assembly shall be necessary, provided that the  Mr. GEOaGE aceped thes amendment.
State may contract debts, not exceeding that  MrRD          asked the    and    s on 
amount, to repel invasion, suppress    surrec tion tute
mount, to rpl        insurrection  Mr. SPENCER remarked that a suggestion had
and i[' th    reatened, to provide for the pblic dea                             stid
ande i threatened  to pnovide for the public de- been made to him, that the words of the substifS~enl1~e." Of t tdetuite'ifor the defence of the State," were too
Mr. George, in pursuance of the notice he had latitudinous. To obviate this objection he would
yesterday given, offered the following articles as move an amendment. He did so to meet the,
a substitute for the said twenty-first section, and wishes of other gentlemen who desired to supfor the substitute of Mr. RIDGELY:           port the proposition, if the amendment he offered
".Article 1. The amount of debts, hereafter con. was agreed to.
tracted by the Legislature, shall never exceed  Mr. SPENCER then moved further to amend said
one hundred thousand dollars, except for the de- amendment, by striking out these words, in sefence of the State, unless such debt shall be cond line, "except for the defence of the State,"
authorized by a law providing for the collection and inserting in lieu thereef "except in case of
of an annual tax or taxes sufficient to pay the in- war, to repel invasion, and to suppress insurrecterest on such debt as it falls due, and also to dis- tion."
charge the principal of such debt within fifteen  Mr. SCHLEY said, he should vote against the
years from the time of contracting the same. amendment of thegentlem an from Queen Anne,
And the taxes laid for this purpose shall never (Mr. Spencer,) not beca.se he, (Mr. Schley,) difbe repealed or applied to any other object, until fered as to the object to be attained by it, but
the said debt and the interest thereon shall be becausehe thought itwas areadyatined by
fully discharged.                           the words'defence of the:State."  Hewas op"./rt. 2. The assent of two-thirds of the mem- posed to the multiplication of words in the Conbers elected to each branch of the Legislature, stitution. He desired that they should be as
shall be requisite to every bill appropriating the pithy, concise, and brief as possible.
public money, or pledging the public faith, for  The question was then put on the amendment
local or private purposes; and the Legislature of Mr. SPENCER,
shall not have the power to make appropriations,  But no quorum voted.
loans or subscriptions, to any work of internal  Mr. MITCHELL stated that he could not vote,
improvement."                               because he had paired off with Mr. HOLLYDAY.
And the question was first on the amendment  The question was then again taken, and, havof Mr. GEORGE.                              ing been decided in the negative,
Mr. DoRsEY moved to amend the original sec-  The amendment of Mr. SPENCER was rejected.
tion of the bill, by striking out the following  Mr. DONALDSON offered the following as a
words:                                       substitute for the substitute:
"Which are not redeemable at the pleasure of  "The aggregate amount of debt or liability
the State."                                  hereafter contracted by the Legislature shall
Mr. D. said, he was not pertinacious about never exceed the sum of one hundred thousand
the adoption of this amendment; but it seemed to dollars, except in case of war, to repel invasions,
him that if he we ever contemplated borrowing or suppress insurrections, unless the same shall
money, it ought to be borrowed upon the best be authorised by a lawfor some single object,
possible terms; awl if we made the loansredeem- distinctly specified therein, passed by a vote of
able at the pleasur- of the Stale, we, 1hould hayv  two-thirds of all the members elected to each




branch ef the Legislature, which law shall pro- terest or principal of the debt created; in their
vide ways and means, exclusive of loans, to pay delusion, the legislators of that time seemed to
the interest of said debt or liability and discharge think that means for complying with the State's
the principal thereof, within twenty years from  engagements, would drop down from heaven. If
the passage of the law, but new loans may he the imposition of a tax, which was the only promade if necessary, and new bonds issued in pur- vision then in their power, for the payment of the
suance of law, for the payment of either princi- debt, had formled part of those bills, they would
pal or interest of the debt now existing."  never have passed even by bare majorities. Now
Mr. DONALDSON briefly explained the substi- this substitute required, that the law creating any
tute offered by him. He said that the proposi- debt should provide ways and means, exclusive
tion of the gentleman from Queen Anne's (Mr. of loans, for the liquidation of the debt, principal
George,) as amended at the suggestion of the gen- and interest, within twenty-years. The ways and
tleman from Somerset, (Mr. Dennis,) did in ef- means must be either taxation, or certain revefect destroy the power of the Legislature to make nue derived from property of the State, or from
use of the credit of the State for even the most the State's interest in works of internal improvebenefficent purpose, and, ip so many words, for- ment. With those checks on the power to create
bade appropriations, loans, or subscriptions to debt, and with the past experience of our legisany work of internal improvement. Whatever lation to warn us, he believed there could be no
our circumstances might be hereafter, however danger of extravagance, or improvident enterprimanifest might be the advantages to the commu- ses, in future.
nity of a particular project, however unanimous  In regard to the last clause of the substitute,
might be the wishes of the people concerning it, which authorised new loans to be made, if neand however abundant might be the receipts of cessary, for the payment of the principal or interthe Treasury from the works already construct- est of the debt now in existence, he said, that its
ed, no such application of those receipts could be purpose was, first, to provide for any temporary
made by the Legislature; although all our debt deficiency, proceeding from the unequal distrimay have been paid off, and all our tax laws re- bution of the receipts and expenditures of the
pealed.  When he considered, that not very Treasury-the smallest receipts coming in at the
many years would pass before we should-realise time when the expenditures are largest, and vice
such a state of things, if the present tax-system  versa-or from an extraordinary casualty, which
were inthe meantime left undisturbed, as he hoped might possibly in some year befall our public
and presumed, he could not but foresee, that the works; and, secondly, to enable the Legislature,
entire destruction of this power of appropriation at or after the periods when the principal of any
might hereafter -produce serious inconvenience, of our loans became redeemable, if funds for the
and perhaps detriment to the State. The works purpose are not in the Treasury, to make new
of internal improvement now yield, unfinished loans, and from the proceeds redeem those that
as they are, about $200,000 annually to our Trea- have come to maturity. The terms of the loans
sury, and that sum will soon be greatly increas- are, irredeemable until after a certain date, and
ed. Those works might hereafter, perhaps, be then redeemable at the pleasure of the State.
made much more productive of revenue to the Now, it may well happen, that the relative value
State, and much more advantageous to the trade of money may fall in the market before the greatof the community, if their capacity were enlarg- er part of these loans are redeemable; in which
ed, or tributary works were constructed. He case a sum of money adequate to the discharge
did not advocate laying taxes for those purposes; of the principal of those loans may be procured
but after our debt was paid, if surplusses not de- at a lower rate of interest than we now pay, and
rived from taxation were in the Treasury, he the difference in the interest would, of course, be
would desire that the Legislature should have the so much saved to the State.
power to use them in the manner which it deem-  Mr. BROWN said that at first sight, the amended most beneficial. Yet he was not for leaving ment of the gentleman from Anne Arundel, (Mr.
this power unrestricted. He wished to guard it Donaldson,) struck his mind favorably, but that
from abuse in the most stringent manner. He upon reflection, and aided by the explanations
thought that his substitute imposed such restric- which the gentleman himself had given, he, (Mr.
tions, as would effectually prevent abuse, yet B.,) was opposed to it. He argued that the only
would preserve a power that might be benefici- way to open the eyes of the people and to let
ally used in cases of manifest propriety.  them understand wvhat their pecuniary condition
That substitute required the concurrent vote of was, to raise money by loan, when it must be
two-thirds of the members elected to each branch raised, and to levy a tax for the payment of the
of the -Legislature,for any law creating a debt or interest and the ultimate liquidation of the debt.
liability. Such a vote could never be obtained, The people then knew what their Legislature
unless the necessity of such a law were apparent. was doing. Ard if, as the gentleman had preEven in the times of our wildest extravagance. dicted, itshould hereafter, come to pass that large
when allour heavy debts were incurred, although amounts of money were realized by works of ina mere majority of a quorum in each house was ternal improvement, it should be returned to the
requisite to pass a law, the loan bills were al- pockets of the people who had paid, by taxation,
most all carried bybare majorities. They never a large amount of money for these very works.
could have been carried, had two-thirds of all the The proposition of the gentleman from Queen
members elected, been requisite. Yet none of Anne's, (Mr. George,) contained a guard which
those bills provided resources for paying the in- was acceptable to him, (Mr. B.) He hoped we




342
were not about to forget the lessons which we interest. Already this has taken place to a
had learned. It might be that. events, not now  great extent. But a few years since, stocks, govforeseen, might take place greatly affecting the ernment stocks, (which are the things most senreceipts from our works of internal improvement, sitive to such changes, and give most decisive
and by which the supply from that source might indications of their approach or advent,) were
be arrested. At all events, whenever there was below par; even the six per centum loans of the
asurplus of money in the treasury, he thought United States could not be negotiated at par.
that all of it, over and above what might be re- Now, behold, they are freely commanding twenquired for the education of the people, should go ty per cent. premium. This state of things would
back into the pockets of those who had had to go on progressively until probably in a few years,
raise it.                                   good government three per cent. stocks, would
Mr. SPENCER replied to the argument of Mr. be worth par.
DONALDSON, that there would be a large surplus  The amendment of the gentleman from Anne
revenue from the public works. If such a state of Arundel, (Mr. Donaldson,) proposes to leave
things was to arise, what necessity was there with the legislature, the power to turn this new
that that revenue should be pledged to meet any state of things to the advantage of the State, in
ry debt which might be incurred? If there was her financial affairs-by paying off, should the
to be an excess of revenue, there would be no ne- opportunity offer, her outstanding debts and liacessity to pass a law for the creation of a debt. bilities, by new loans at a less rate of interest,
The appropriation of the credit of the State for and thus saving to the tax-paying people, the difpurposes of internal improverent had been the ference between the highland the low rate of ingreat flood gate by which the State had been in- terest. Thus, suppose the State debt now to be
undated with debt, and it was now proposed to ten millions of dollars; to pay the interest on
reverse the principle. He believed that as great which, at six per cent., the people have to be
evil would fall upon the State by a converse rule taxed annually, to the amount of six hundred
as by the operation of the original rule itself.  thousand dollars. If you can now, or at any
Mr. MERRICK said:                         time hereafter, before this debt is paid, make
He thought there was much sound sense and a loan of the same amount, at three per cent.,
wis'dom in the proposition of the gentleman from  the annual interest of which, would be but three
Anne Arundel, (Mr. Donaldson.)     He was hundred thousand dollars, and with this loan
quite willing to deny to the legislature the power pay off the present debt, is it not plain that you
of appropriating in future, to works of internal would save to the people, the three hundred thouimprovement, the actual money or the credit of sand dollars, the difference between the interest
the State, if gentlemen would be content with you now pay, and that you would have to pay,on
that-but there were other great purposes for the new three per cent. loan-and could, therewhich it was wise and expedient, the legislature fore, reduce the taxes one half.
should have power to raise money by the use   It is the valuable and important power to do
of her credit. There was yet a heavy public debt this, that I wish to reserve to the legislature.
to be paid off, and a proper use of such a power Suppose interest should not fall so low as three
by the legislature, would, in all probability, per cent., the saving would still be in the same
greatly facilitate this interesting object and ma- proportion for any greater or less fall in the rate
terially lighten the burthens of taxation. No of interest. Besides, a revenue'was now coming
observant man could mistake the indications from our works of internal improvement-the
every where given of the great change now in actual receipts from that source being during the
progress, in the monetary affairs of the world. last year, more than two hundred thousand dolWe had passed through a period of long and dis- lars. This must augment, and in his judgment
tressing scarcity of money, and consequent de- as well as that of many others, this augmentapression of prices, and things were now rapidly tion must be great and rapid. But every little intending in the other direction. Confidence was crease of the revenue from this source, would be
being restored, credit revived, money becoming necessary to insure a sufficiency to pay the inplenty and cheap, and labor and all the produc- terest, and any new loan of the character sugtions of labor, were rising in price. This was gested, and thus place the State in a condition to
likely to be carried farther than usual, with such relieve the people from all taxation-a consumoscillations, because there was now a new ad- mation must devoutly to be wished; and he was
ditional and powerfulcause acting in concurrence most anxious to give to it every facility-at least,
with the ordinary causes, which was the great he could consent to throw  no obstructions
actual augmentation of the precious metals inthe way, by tying up the hands of the legislawhich was taking place from the gold mines of ture, and depriving them   of this valuable and
California. The amount already added to the important power.
solid currency from that source, was very large.
But supplies from that source were going on to  Mr. DONALDSON said:
increase in geometrical progression; to what ex-  The gentleman from Queen Anne's, (Mr. Spentent it might go, none could calculate-for the cer,) had enquired what necessity there could be
mines were found every day to be more and more to create a debt, if the money was already in the
extensive, and the supply of metal less and less treasury. There might be surplus money in the
capable of exhaustion.                      treasury, annually,to double the amount of the
The consequence was and must be a fall in interest on the loan proposed to be made, thus
the value of money, and depression of the rate of furnishing a large sinking fund for the redemp



343
tion of the principal within a reasonable time; tion of the State some provision which would for
and yet there might not be enough, without the the time to come, prevent the recurrence of the
aid of a loan, to accomplish the object idesired evils under which we were now laboring.
as early as it ought to be accomplished. A pub-  He concurred in the opinion expressed by the
lie work of importance might readily be comple- gentlemen from Carroll, (Mr. Brown,) that the
ted in a couple of years, by means of such a loan, necessity of taxation was, after all, the great sewhilst the loan would be paid off in the course of curity which we possessed against abuses by the
ten or fifteen years. Without the loan, the rev- legislature, of the power to contract debts.
enues, on which it would be based, could not be  I believe, (continued Mr. McL.,) that nogenmade available to construct the same work with- tleman who listens to me this day, entertains a
in a shorter period than the whole ten or fifteen doubt, that, if, at thetime we became involved
years.                                     in our present enormous debt, those who conThe gentleman from Queen Anne's, had once tracted it, had been compelled at the same time
been chairman of the committee on ways and to provide by taxation for its payment, that debt
means in the House of Delegates, and he surely never would have been created. Does not every
knew enough of finance to understand that.  man know, that when this system was commencA few words in reply to the gentleman from  ed, it was represented and believed, that the revCarroll, (Mr. Brown.) He, [Mr. D.,] had cer- enues to be derived from our great system of intainly expected when that gentleman rose, that ternal improvements-for great I conceive it to
he would take the same side with himself. That be-would more than pay the interest on the debt
gentleman had yesterday treated us to a philippic and would open to the State a career of prosperin relation to our chaining down the legisla- ity and success, not easily computed  If gentleture.                                      men will look back to the elaborate reports made
Mr. BROWN interposed, and said, he had yes. at the time, and to the constant calculations preterday stated, that he would go to chain down sented to the public, they will find that every
the legislature in relation to this very matter.  man dreamed that he was about to reach a new
Mr. DONALDSON continued. The gentleman El Dorado. Taxation was to exist no longeryesterday had delivered a philippic against the public debt wasto become an obsolete idea.
Convention, because of the checks it was impos- These works were to bring upon us a flood-tide
ing uponthe legislature. He had declared that the of prosperity and advancement, which was to
legislature was the people's body, that through it know no ebb, which was to be felt to all time,
the people expressed their wishes, that it was and throughout all the various interests of the
their voice, and that these restraints upon it were State.
in the last degree improper; he had confidence in  What was the result? I am not one of those
the people, and the people's delegates, and was who would depreciate these works. But I think
ready to trust them. On this theme, he was so that the imagination which can now look forward
warm, soearnest, so vehement, that he became to so early a fruit from them, is about as vague
almost eloquent. He was then willing that a and insubstantial, as thatwhich in the first inmere majority of a quorum should pass laws af- stance led us astray. There are, within thelsound
fecting our dearest rights and interests; yet now  of my voice, men who will live to realize that
he would not trust the same legislature, although  many of these calculations are as empty and as
two-thirds of the whole number elected were deceptive, as those which tempted us to the crearequisite for the passage of a law, and although tion of the debt; though some of them will, no
the scope of that law was restricted by certain doubt, be realized.
important conditions. This is chaining down the  The gentleman from  Anne Arundel, [Mr.
legislature with a vengeance.               Donaldson,] always able, and always ready, has
Mr. D. said, that no man could be moreop- submitted a proposition; and what is it? He
posed than himself to wild schemes of internal proposes to confer upon the Legislature, the
improvement. He repeated, that he would not power to contract debts for public works-mere
advocate the imposition of taxes, for the purpose public works. And they are to provide for the
of making spch expenditures. It was better, in payment of the detts, not by taxation, but by
general, to leave such undertakings to private other means. And what other means does the
capital and enterprise. But he conld not consent gentleman contemplate? The revenue to be deto deprive the State of the power to use her own rived from the public works. Well-some ten
surplus receipts hereafter, in the manner which or fifteen years hence, we may realize some five,
might, at the timne,be most conducive to her pros- or six, or perhaps more, hundred thousand dolperity. Gentlemen ought not to let themselves lars a year, from these works; some grand scheme
be frighted from their propriety, by the alarming uniting the interests of all parties, may be brought
apprehensions which had been indulged, in re- before the Legislature, and we may be told that
gard to this subject. It was the part of states- no taxation is to grow out of it. We have an inmen to restrict a power, so as to prevent its come of five or six hundred thousand dollars a
abuse; but not to destroy the power, if, under pro- year, and, therefore, there can be no apprehenper guards, it could be uesd beneficially.  sion that we shall ever suffer taxation for the
Mr. McLANE said, he supposed that the re- payment. And the Legislature-yes, two-thirds
striction which was contained in the bill, was a of both branches-not from any improper motive,
lesson we had derived from experience; and that but from a just appreciation of public sentiment,
it was now proposed to engraft upon the legisla- at the time, and from an honest conviction that




344
they are promoting the public interests, may pass 1once convtnced of the necessity of the work,
the bill; and in two or three years afterwards, it But I hope that this Convention will never put
may be discovered that the work is to cost quad- it in the power of the Legislature, led on by
ruple the amount which was estimated, and a flattering, perhaps fanciful, calculations as to the
debt would then be created. Have we had no success of public works, to contract a debt tolessons on that point? How much were our pub- day, counting upon resources which may melt
lie works estimated to cost when the eight mil- away to-morrow, and thus leaving a heavy tax
lion bill was passed, under all the allurements upon the people. It is this against which I prowhich surrounded it? What, I say, was the test.
estimate? Three millions for the construction  I will say one word in relation to the second
of the Baltimore and Ohio Railroad, and three clause of the proposition of the gentleman from
millions or a little more for the construction of Anne Arundel, (Mr. Donaldson,) to which, as he
the Chesapeake and Ohio canal to Cumberland. explains it, I cannot see any great objection.
Let us look back to the estimate, and then see But I am afraid of the consequences; ard more
what has been the cost. Three millions of dol- so when I reflect on the remarks of gentlemen in
lars? Why, sir, the Baltimore and Ohio Rail- the course of this debate-when we are told that
road has already cost six or seven millions ofdol- we ought to give to the Legislature the power to
lars                                       make these contracts because money is becoming
Mr. MERRICK interposed, and said that the very valuable-that the interest of money will
gentleman was mistaken in supposing that the fall soon to three per cent.-that we may pay our
estimated cost of the Baltimore and Ohio Rail- existing debt, now bearing interest at six per
road, was only three millions of dollars. It was cent., by taking advantage of the rise of money;
three millions from the State-three millions and that, therefore, it is wise to give the Legislafrom the city of Baltimore, and other income  ture the power to do it.
from private subscriptions.                   I am not of that school of financiers who attach
Mr. McLANE. (continuing.) The gentleman   much credit to this view of' the subject. I think
can notice hereafter any thing I may say. The that the lesson taught by the younger Pitt, at a
state of ny health is such, that I cannot say the moment when he ivaA tempting the British nation
little I desire, with any satisfaction to myself, into a large amount of public debt for the proseand I am not in a condition to answer his enqui- cution of the war with France, should not be lost
ries. If the fact is as the gentleman states it to upon us. If gentlemen would read his speeches
be, so much the worse. It was not a true esti- and refer to the national history of that day, they
mate. May not the same thing happen again? would be led to think that in a very few years
What public work is ever estimated at its actual the whole public debt of England would be paid.
cost? I never heard of such a case, nor do I Look at the fact. I think.that the general rule
think it will ever occur. The Legislature and is a sound one, that money is always worth its
the people will, therefore, find themselves in- real value, and, if by the fluctuations incident to
volved in a debt greater than was at first contem- it, a man gives six dollars for a hat one day and
plated, on account of the cost and extravagance three dollars the next, it is just the same thing;
of the work. Then difficulties may arise in the he is paying the same value for the hat when he
course of trade, and our public works may cease gives three dollars for it as when he gives six.
to yield a revenue. The debt is contracted up- And the notion which is started as to the rise or
on the ground that we have funds cominginto the diminution in the value of money-(I speak with
treasury to pay the interest, and by the progres- no disrespect to the argument of the gentleman
sive increase of the funds from these works, to on the other side, for whom I entertain a high
reimburse the principal. But trade stops or falls esteem,)-but I assure him, that all such notions
off-or is diverted into other channels.  Rival have gone into the category of political alcheworks spring up. We do not continue to receive mies. The rule is not a sound one; and any nathe income upon which we had calculated. Will tion which expects to pay its public debt by bornot taxation follow? And will not the public be rowing money at three per cent. to get rid of a
drawn into a debt, in the coArse of a few years, debt at six., will find that it has made no bargain.
which will be an incumbrance upon them and I hope, therefore, that the Convention will look
their posterity, to the end of time, for ought that to this as a great and grave subject. Some genwe can see, just as we of this generation are in- tlemen have come here with one idea of rebfrm
cumbered now? It seems to me that our great and some with another. I confess, that one
security lies in a rigid adherence to' this princi- great duty which I felt it incumbent upon me to
ple-that when our law-givers create a debt, the discharge when 1 came here was, to place some
burthen of which is to rest upon us and our pos- salutary restriction on the power of the Legislaterity, we should know and understand that we ture as to the creation of a public debt. I live in
are to be taxed for its redemption. We shall then a State of which I feel sincerely proud, whether
scrutinize the law closely, and see that we are I regard the past or the present, or look forward,
not unwarily betrayed into such a commitment to the future-a State abounding in all the eleof the public funds. Can any injury result from  ments of prosperity-a great and growing comthe adoption of this principle? It prevails else- monwealth-fettered and tied down by a debt
where. If the construction of a great public which at one period almost jeoparded her repuwork should be demanded by the interests of the tation, but which was rescued by the exertions
State, and the money should be expended, my of mary enlightened and patriotic men, and proword for it, the people will pay the tax when bably by none more so than the gentleman from




345
Anne Arundel, (Mr. Donaldson.) That is its three dollars, and at another time he will have to
only drawback-its only evil; a great debt in- give six dollars for the same or a similar hat; and
curred under the most promising auspices and the this difference I contend, if it arise from the state
most flattering inducements and calculations of of the money market, proves the fluctuations in
prosperity. And, here we are, at this hour, la- the value of money. Like every thing else, the
boring under this great incubus. Let us prevent value of money is regulated by the relations bcits recurrence for the time to come. Is there tween supply and demand.
anything so tempting to individuals, States or  If money becomes abundant, the supply of
communities as the contraction of debt? Do we all other things purchased with money remainnot all know-every one of us-that our judg- ing the same, the price of these other' things
ments will be tempted into flattering speculations, will rise in proportion to the increase in the
not doubting that, in the course of a few months supply of money; and if the supply of money be
or years, we may double our ventures? The doubled, the three dollar hat will command six
same feeling enters into States. I desire toguard dollars-three dollars is still three dollars, and
against all such temptations. Let us say to the six dollars is still six dollars-but it now requires
Legislature, if you choose to construct public six dollars to procure the same amount of properworks, we require you, at the same time that you ty, or the products of labor, as three dollars
create the debt, to lay such a tax as will pay the would before command. This is certainly true,
interest and the principle; for then, and not oth- and the great confusion of ideas, the apparent
erwise, you will be under a just responsibility to conflict of facts and consequent difficulty in asyour constituents.                         certaining the truth in such cases, arises from the
At a moment in public affairs when upon this fact, that there are most frequently various causes
whole nation-as well as upon the States-a operating to affect values ad prices; some known,
vast burthen of debt was resting heavily, I and some unseen and unknown atthe time. The
urged, in my humble way, and, of course, supply of a particular product of industry may
only through private channels, that a great mea- increase more rapidly than the increase of the
sure of relief should be proposed by which the supply of money, though both are increasing; and
General Government would assume all the debts of course, in that case, the value or price of that
of the States upon one single condition-that the product would not increase. So there may be
States should incorporate in their fundamental greater facility or economy introduced in the
law, an irrepealable provision that no State debt production or manufacture of any article of comshould ever again be contracted without the im- merce, simultaneously with the influx of a greater
position of a tax for its liquidation. I believe supply of money-of course the money price of
that such a measure would have been wise for the article so more cheaply produced, does not
the country-wise for the government of the rise. And so might a thousand instances be
Union, wise for the governments of the States. cited of interfering circumstances which modify
I repeat now, that the great bane of our prosper or destroy the effect of the general law, and
ity is the contraction of large debts under tempt- seemingly, but in the seeming only, contradict
ing circumstances; and that the greatest security it. The law is fixed and certain, and operates as
we can afford to the people will be, that these unerringly as gravitation; and as well may it be
debts shall no longer be contracted unless the said, that the laws of gravitation are not unerrurgency is so great as to justify a system of tax- ing, because some heavy body is upheld by a counation to pay for it.                      teracting force; as it may be said that superabunI have felt it my duty to myself and my con- dance of money will not occasion low rates of instituents, earnestly to invoke the Convention not terest, and an advance in the prices of other artito leave open this door-but, looking to it as the cles, of which the supply continues the same,
great medium by which the evils that afflict us because in some instances other causes of sufficient
have crept in upon the State, to close it now and force are operating to prevent this result.
forever, that we may relieve ourselves and our  I have said, this change in the relative value
posterity from the apprehension of their recur- of money and stocks, and other articles of comrence.                                     merce, was now taking place, and was likely to
Some explanations passed between Mr. Me- increase to great extent; and we all see the eviLANE and Mr. MERRICK-aftir which          dences of the fact every where around us. A
Mr. MERRICK said, his only object in the re- state of the money market has arisen, and is
marks he had made, was to show that there were about to arise, greatly advantageous to debtors,
great fluctuations in the value of money; and that and I wished the State, therefore, to be left with
a change was now taking place in that value, to power to turn to the benefit of her tax-paying
the advantage of debtors, that is, the rate of in- people, the advantages this change will offer.
terest-the price of money was falling, and would We have passed through a season of severe money
probably become very low. The honorable geno pressure-great depression of prices. The pentieman says, money always maintains its own dulum is now oscillating to the other side, and I
value. That may be so when considered separ- desire to leave the Legislature power to take adately; but the proper mode of considering it, vantage of this favorable oscillation. Credit has,
seems to me to be, to view it relatively. And for a long time been depressed; stocks have been
the very illustration which the gentleman gives, low; the Legislature have, all along, had this
proves its great relative fluctuation, and the po- power; and to deprive them of it, to letter their
sition I have assumed, to be correet. He sayshe hands now, would be about as wise as it would
knows he can at one time purchase a hat for be for a tobacco planter, who has, during the
44




346
long course of years in which tobacco has been tion the power had, by many, been denied. He,
so low as not to pay the expense of production, [Mr. S.,] had at all times denied that the Legiscontinued the cultivation of it, to abandon the lature could make appropriations of money or
cultivation now, when the article has become State credit, for such purposes. And when the
very high and will rapidly enrich its producers. Legislature found it necessary to impose a direct
I illustrate by tobacco planters, because it is apt tax upon the people, the unprecedented outrage
to the purpose, and there are many gentlemen was practised of inserting a provision in the law,
around me engaged in its cultivation.      denying to the people the benefit of the wisdom
Tie the hands of the Legislature as fast as you and learning of the court of appeals, on the conplease, in regard to contracting further debt, or stitutionality of the law. Yes, sir; by the act of
engaging in other works of internal improvement, Assembly imposing the tax, the court of appeals
but leave them the power to take advantage of were directed not to entertain any question as to
the coming change in affairs, by paying off as the constitutionality of the law.
much of her existing debt as they can, by new  The gentleman from Cecil, had eloquently picstocks bearing a less rate of interest. Every tured the delusions under which the people voted
dollar we can save, is important to the people, when this system was imposed upon. He had
and if the opportunity offers, as I believe it will, beautifully painted its evils, and he, (Mr. S.,)
I wish to see the Legislature have the power to would not follow in the same field. He would
substitute for our present six and five per cent. content himself, by saying, he was opposed to
stocks, stocks bearing only three or three and a the whole system of internal improvements,
half per cent., thus saving several hundred thou- whether there be a surplus in the treasury or not.
sand dollars annually, until the whole debt is He was opposed to it because it opened the door
paid off.                                  to abuse and corruption. It was well known,
Mr. JENIFER desired to offer an amendment, that they had already assumed a party cast, and
(which was not now in order.)              were used for party purposes by the legislature.
Mr. J. gave notice of his intention to offer it Originally, the Governor had the appointment,
at the proper time. He believed that the time with the advice of the Senate, of the State's
might come when it would be extremely impor- agents. The power was taken from him and
taut that such a power should be in the hands of given to the legislature,and in order to prevent it
the Legislature. Its exercise might be impor- from passing out of the hands of the party then
tant to the prosperity of the State. At the same in the ascendant, by an act of the legislature, the
time it was necessary to guard such a power as agents then in office were to continue in, until rerigidly as possible. The past experience of the moved by a concurrent vote of the Senate and
State demonstrated the necessity of this. It might House of Delegates. Every body understands
be possible that danger might be apprehended to the effect of such legislation.
the State from the very prosperity which would  It was not his purpose now to dwell on the
result from these works, if the state of things evil of the system. He had been always opposed
which gentlemen anticipated should be realised. to it. It needed no argument now to expose it,
He would therefore place proper restrictions and he was well satisfied that this Convention,
upon the power, though he believed that its ju- instead of authorisingthe legislature to encourage
dicious exercise might be attended with benefit them, would inhibit the authority of the Legislato the State.                              ture altogether.
Mr. J. then read his amendment.            Mr. THOMAS expressed his readiness to vote
Mr. SPENCER said, the gentleman from Charles, for the amendment of the gentleman from
had indicated no opposition, by his argument, to Queen Anne's, (Mr. Spencer.) To that extent
any portion of the proposition of the gentleman he was willing to go; but nothing less than that
from Anne Arundel. The proposition met with would satisfy the people he represented. If
his entire opposition. He looked upon it, as one there was any one sentiment against which,over
of the most dangerous he had encountered. It all others, they felt an unmitigated hostility, it
positively opens the door to further specula. was that of the power exercised by the legislation in works of internal improvement, and is ture to make appropriations for the construction
advocated by the mover, forthat very reason. In of roads and canals. And in this sentiment he
the Constitution which we are about to amend, had fully and uniformly concurred, from the year
no such express power is found. It was assumed 1827 to this hour; and such was the feeling of
by construction. And now when the people are the leading men of the part of the State which
sore upon the subject, and wholly opposed he represented. And the confidence which his
to all such schemes, and actually expect at our constituents felt in the accordance of his sentihand, a restriction on the legislature in this parti- ments with theirs, had been the cause of the honcular, the gentleman from  Anne Arundel pro- or he now enjoyed in being their organ on this
poses, by express provision, to give the Legisla- floor.
ture the power to do so. Adopt his section, and  He had never considered the construction of
the Legislature will have the power to subscribe roads and canals as coming within the legitimate
to any work, and to provide the ways and means duties of government. To cherish the interests
at their discretion, to support it. I beg the gen- and protect the rights of the people constituted
tleman to turn to the Constitution, and lay his its great duties. And in the performance of
finger, if he can, on any part of it, which author- those duties, he would ever be ready to render
ized the Legislature to embark in such works. all the assistance in his power. But never would
From the very beginning of this system oflegisla- he give his consent that the legislature should




347
embark in magnificent schemes of internal im.  So far from there being any desire among the
provement, which must always result in fixing an people that the legislature shall have power to
onerous tax on the people; and this, he said, in appropriate money for roads and canals, that it
the face of all the glowing descriptions of the is the universal wish that the money may be honinestimable blessings which would result from  estly applied to the payment of the public debt
binding all the remote regions of our wide spread and not to the construction of improvements. We
country in one. He had never given a vote for have now a considerable surplus in the treasury.
an appropriation for such a purpose, until the If it be suffered to accumulate, it will be larger
State was so deeply involved by the extent to next year, and still larger the following year;
which they had been carried, that it was deemed and are we to empower the legislature to exnecessary to carry the works through, to give pend this surplus on any of these great schemes
her a chance of extrication,               of internal improvement, which are now the
It was when the Delaware and Chesapeake topic of conversation? Are we to throw this surcanal was before the House, that he took the re- plus out of the treasury to be scrambled for by
sponsibility of differing from his constituents, schemers and stockholders?
and voted in favor of a small appropriation. He  He was against any such projects, with all his
was a representative in the House of Delegates heart and soul. If ever the time should come
in 1827, and his name was not to be found on the when the State internal improvement stocks
record during that session in favor of any appro. shall become equal in value to the State bonds,
priation of the kind. He recollected a conver- he would be very willing to exchange all the
sation he had, at that time, with a gentleman stock heldby the State in these internal improvefrom Baltimore who came here for the purpose ment companies for the bonds of the people.
of getting the act incorporating the Baltimore But the amendment of the gentleman from Anne
and Ohio rail road through the legislature. Af- Arundel looks to a perpetual connection between
ter listening to the extravagant descriptions of the State and these institutions.
the advantages to be derived from this work,  There was great plausibility, lie admitted, in
the favorable estimates as to its cost, and the another idea thrown out by the gentleman from
time when it could be completed, he well remem- Charles which was very tempting, but the few
bered his reply to the gentleman, after he had expressions from the experienced and able statesstated that he only asked an appropriation of man and financer, the gentleman from Cecil,
$500,000. "If the capitalists of your city are so would effectually counteract its influence. The
well convinced of the great profits which must doctrine of the gentleman from Charles looked
accrue from this work, how happens it that they to the convertion of us into a company of stockhave not embarked in the enterprise?"  He was jobbers. It was well said by the gentleman from
aware that gentlemen who engage in specula- Cecil, that all these projects were delusive in a
tive undertakings, sometimes deceive themselves, great degree. If we could be certain of borbut it was generally found that those works which rowing at three per cent. to pay off a debt bear.
promise the greatest amount of risk and the ing an interest of six per cent., with the certainleast amount of profit, are the branches of the ty that the relative value of money and labor
system which fall to the share of the govern- would not change its standard, there might be
ment.                                      some reason for such a movement and posterity
He stated thathe could not support the amend- might be left to pay the debt thus created for the
ments offered by the gentlemen from Anne Arun- payment of the previous debt. But as the gentledel and from Charles. He could not, under any man from Charles ought to perceive, we may hapcombination of circumstances, however flatter- pen to borrow when labor and produce are high
ing might be the prospect of revenue, consent and money low, and when we have to pay,
that the legislature should have the power to labor and produce may have fallen one hundred
loan the capital of the State for the construction per cent. beyond the value at the time when we
of any public work, road or canal, which could became borrowers. It was well understood that
have a local and partial interest.         experienced capitalists can foresee the fluctuaHe could vote for noproposition which, in any tions in the money market, and are always on
event looks to the embarkation of the capital of the alert to take advantage of the changes; and
the State, in any project of internal improve- they are always ready to flock round the Treament. It might so happen that a large surplus sury when the bondsof the State are at the highmay be in the treasury, which cannot be applied est market rate. He was opposed to giving the
to the payment of the public debt which is not Legislature the power to deal in stocks of any
redeemable for many years, and the treasury sort; while he was anxious that weshould promptmay, in consequence; be placed in a perilous sit- ly discharge every dollar due from the State
uation. And is itdifficult to see how, in such either for the interest or the principal of the pubcase, the public money might be expended? And lie debt. And he fervently hoped that the day
if the legislature under such circumstances should was not very far distant when a report of a comappropriate this surplus money to the construe- mittee of ways and means in the House of Deletion of public works, and a sudden reverse should gates, or the annual message of the Governor of
take place, or the works should be stopped, and the State, could cause a rise or fall of public sejust when the treasury is exhausted alarge curities in the market.
amount of State bonds, or interest on the debt,  Mr. MERRICK wished tomake a remark or two
should fall due, the conseqteace would be new  only in reply. The gentleman from Frederick,
taxation.                                  (Mr. Thomas,) has said that a "low rate of inter



348
est was accompanied by, and proved the low price dred thousand dollars annually is certain, andl
of labor and of the productions of industry." will be so as long as it is certain that three and.
Now this position, Mr. M. considered essentially three make six, or that three is the half of six.
erroneous and the very reverse of the fact. A  Let us illustrate by the case of an individual.
low rate of interest procured the abundance of Suppose some member of this Convention to owe,
money, and abundance of money always and in- hisneighbor on bond at six percent. interest, fifty
evidently produced enhancement of the price of thousand dollars, and has therefore to pay him
labor and an increase in the price of all ihe pro- three thousand dollars annually. Another neighductions of labor; this was plain to the simplest bor has and is willing to lend this debtor fifty
understanding; was proved by every man's expe- thousand dollars on his bond at an interest of
rience, and as certain almost as a mathematical three per cent. He borrows of this latter neightruth. As regarded supply and demand and re- bor and pays off the first, and thereafter hasto
lative values-money and all other articles of pay for interest but fifteen hundred dollars ancommerce, the productions of industry, occupied nually! Has he not profitted, gained by the opantagonistical positions-might be considered as eration, or rather saved by it one half the interbeing in opposite sides of a balance, whenever est on his old debt, fifteen hundred dollars a
one side went down the other must of necessity year? Nothing could be plainer nor more cergo up. Whenever money becomes plenty and tain.
easy of procurement, other things would in-   He would concur with the gentleman in recrease in their money price. These truths had stricting the power of the Legislature in any
been illustrated a thousand times, and were illus- way, no matter how closely, so as to prevent all
trated by the facts with which we were now  further appropriations to works of internal imsurrounded; money is becoming plenty, the rate provement. He knew such a restriction would
of interest is fallirg, or what is the same thing, be desirable and acceptible to his constituentsinterest bearing stocks are rising in the market, and no matter what might be his individual
and labor, and all the products of labor, are con- opinions, knowing their wishes, it was his duty,
sequently rising, and have greatly risen in price, as it would be his pleasure, to carry them into
Look at your two great staples-cotton and tobac- effect. But he was anxious to see the powerleft
co-they are both worth more than double the with the Legislature to avail themselves of the
money they would have commanded a year ago. good times, which were coming and to come, for
Look at the price of slaves, a direct evidence debtors, to relieve, as far as possible, the people
here of the value of labor; they are now worth of Maryland from the burthens they had so long
and will command nearly double the price they nobly and heroically borne. He was fully and
have sold for a year since. The position assum- sincerely opposed to the contracting of any
ed by the honorable gentleman is therefore er- further debt, whatsoever, by the State. But
roneous, and this error runs through his whole there was a large debt yet to be paid off, and for
argument and destroys therefore all its force. its speedy payment he wished to see that line
But the gentleman, (Mr. Thomas,) has said, if he of policy pursued, which it appeared to him was
could be certain of the results, he would be will- equally dictated by plain common sense, and the
ing to borrow at three per cent. and pay off debts maxims of an enlightened political economy.
bearing six per cent. interest. Can any thing  Mr. THOMAS wished to say a few words. Supin nature be more certain in its results than such posing that the State could borrow at a lower
an operation? Even if the gentleman's theory rate of interest for the purpose of paying off a
about relative values and fluctuations in prices, debt at a higher rate, still he would oppose the
were correct, still it would not affect the results transaction, because the lender would require
of such an operation. Suppose the lime to have that the loan should run for a long period, and
arrived when the State owing ten millions of dol- the stock would be an instrument for speculation
lars of six per cent. bearing debt, and therefore in the market. He repeated what he had before
paying annually six hundred thousand dollars in- said, as to the relative value of money and labor,
terest, when the rate of interest is but three per and the effect of the fluctuations to which they
cent., and she can therefore borrow other ten are liable. In his retirement, he said, that he had
millions at three per cent, and pay off with it her perused the message of the late Governor of
six per cent. debt, upon this new loan she will Maryland, and, (he spoke with the highest perthereafter have to pay but three hundred thousand sonal respect towards that gentleman,) he could
dollars annually for interest, and her other debt not but feel astonished at the doctrines put forth
will be extinguished. Will she not certainly and in that message, in which he recommended a
inevitably have made or saved the sum of three continuance of taxation. Now he, (Mr. T,) had
hundred thousand dollars annually-the sum of always supposed that when there was any surplus
the difference between the interest on the new  in the Treasury, if there were no bonds which
loan and the interest she has heretofore paid and required payment, the surplus ought to be guardwould still have had to pay upon the old six per ed against, by the reduction of taxes. It apcent. debt had it not been extinguished in this peared by the report to the Legislature, that
way? This again is certain as mathematics and there was a surplus in the treasury. It would
figures can make any thing, and entirely inde- have been proper, in these circumstances, as
pendent of all fluctuations in prices and values, there are no bonds payable for many years to
let them rise and fall as they will, or be govern- come, that the taxes would have been diminished.
ed by what laws you please. This operation once He referred to the period when, alter the war of
performed, the gain to the State of the three hun- the revolution, the general government bound it



349
self for a large sum, to enable her to assume the had been instrumental in passing, with the valua
debts of the States. For that purpose three per ble aid and support of yourself, Mr. President, in
cent. bonds were issued by the United States. the other branch of the Legislature. But of all
Afterwards, when the treasury was full to over- this I will speak fully when the appropriate ocflowing, the holders ofthese bonds, seeing that the casion shall arise. I will, therefore, content
surplus in the National Treasury would have to  myself now, with saying in reference to the sysbe applied to their redemption, came to the gov- ter of internal improvements, of which I have
ernment and demanded their redemption at the been the steady and uniform advocate-as the
rate of one hundred dollars and upwards, for lustre of the diamond cannot be destroyed by the
fifty dollars loaned. He was surprised that the dust which may accummulate upon it, nor the
late Governor and the Legislature did not reduce brilliancy of the sun be long hidden by the vapor
the surplusage in the Treasury, by repealing such which may float before his disc, so cannot the
taxes as the necessities of the State did not re- magnificence, the benificence, nor the wisdom
quire to be continued. He wished the gentleman of that system of internal improvements be defrom Queen Anne, so to modify his amendment, stroyed, nor long obscured by the clouds which
as to provide that hereafter the Legislature may, ignorance, prejudice or partizan zeal, may have
whenever a surplus shall again appear to be in temporarily heaped from it.
the treasury, reduce it in the manner he had in-  A very considerable revenue was now actualdicated. There was no reason why the Legisla- ly being paid into the treasury from those works
lature should not have repealed a portion of the of internal improvement-that revenue would
taxes, but the temptation to new investments in greatly and rapidly increase  It was desirable
works of internal improvement, carried them  it should be first applied to the extinguishment
away. It was the doctrine which prevailed of the public debt on that account contracted,
among the people, that where no debt calls for but let it be so applied in the manner most adpayment, any surplus in the treasury ought to vantageous to the State, and her tax-paying peolead to the reduction of taxes to that amount. pie. 1 his was what he had been all along contendHe hoped the gentleman from Queen Anne's, ing for, and should contend for to the last. He
would extend his proposition, which, as it now  would not now say how soon it might be, but
stands, might be made to sanction the raising of this he would say, if the revenues of the State
any sum   He was of opinion, that all these from these sources were applied according to a
golden expectations from the Chesapeake and wise political economy, the day was not distant
Ohio canal, would not be realized for a quarter when all the taxes might safely be dispensed
of a century, and this impression made him still with.
the more cautious concerning these public works.  Mr. DONALDSON said he must again beg the
He referred to a section in the old law, which indulgence of the Convention, that he might reexplicitly provides that when the debt is paid, the ply to some of the arguments which had been
surplus shall be assigned to the counties for their advanced by other gentlemen. He felt impelled
benefit, and explained its operation and the past to do so because his views had been somewhat
treatment of its obligations by the Legislature. misunderstood, and he had thus been placed in a
No matter how the daring pilot may disregard position very differerent from that which he real
the dangers ahead, he thought a careful course ly occupied. From the course of those who opto be the most prudent, and would, by relieving posed his proposition, it would be supposed, that
the tax-payers, when we can encourage them to he was in favor of leaving to the Legislature the
prompt and cheerful compliance with a system, most unrestrained license to embark in the wildbelieved by us all to be unavoidable.      est speculations and schemes of internal improveMr. MERRICI rose to say, that having been al- ment. But, in fact, he came here with the fixed
luded to by name, in connection with the remarks determination, as far as his exertions could avail,
gentlemen had made on the general subject of to check the Legislature in its future action upon
internal improvements, he felt called upon to re- such subjects. He had always thought that the
mark, that though he did not wish now, nor was imposition of such restrictions was one of the
this the proper time, to enter upon a discussion most beneficial reforms that this Convention
of that large subject, it was his intention to avail could make. He thoaght so still, and he considhimself of the first suitable opportunity which ered his present action consistent with that opinshould present itself, to give a detailed and cor- ion. With almost all that had been so ably said
rected history of the progress of the legislation by the gentleman from Cecil, (Mr. McLane,) he
on that subject, so far at least, as he had been cordially agreed, and his warnings proceeded
connected with it. He was, to a large extent, from a wisdom which truly read the history of
responsible for the legislation of that character, the past. He, (Mr. D.,) was in favor of restricwhich had taken place whilst he held a seat in tion, so as to remedy the abuse complained of;
the halls of legislation. He was prepared to meet but he thought it improper and unwise to destroy
that responsibility, and to throw from himself utterly a power which might hereafter be used
much unjust censure, which had been heaped with great advantage to the community. He
upon him; but he was not responsible for the thought that his substitute would effect all desiramismanagement of those who had charge of the ble restriction, whilst it preserved the power.
works themselves, and the application of the He had stated before, that in the days of the
States' money-neither was he responsible for wildest and most extravagant speculation, when
the changes and mutilations which had been the whole country seemed possessed with amania
made by succeeding Legislatures, in the laws he for grand projects, which were to be accomplish



350
ed, as was dreamed, without placing any burdens in our own debt, and that the application of sure
on the property of the people-even then, but plusses to that purpose would benefit all property
small majorities in the Legislature, and sometimes in the State, by hastening the entire relief from
mere majorities of quorums, had carried through all taxation.
the bills for internal improvement, loans and sub-  If the question now were, whether we should
scriptions. If two-thirds of all the members establish such a system of internal improvement
elected had been required, as by this substitute, as we long ago embarked in, he would agree
those bills could never have passed, and we should with the gentleman from Frederick, in his opponever have contracted the debts which now press sition to it. But, as that gentleman declared,
upon us. What danger can there be then for the that he had heretofore avoided additional apfuture, after the warnings of the past, when such propriations to complete works before commenca restriction is imposed, and when, also, the law  ed, in order to save the sums the State had precreating a debt must itself provide for the pay- viously expended on them; so he, (Mr. D.,) connient of the whole debt, principal and interest, sidered, that future appropriations, made from
either by taxation or by revenues actually se- surplusses in the treasury, might be properly apcured? There could be none; and no gentleman plied towards making those works more efficient
had attempted to answer this argument. He be- and productive.
lieved it unanswerable.                      The gentleman from   Carroll, (Mr. Brown,)
Gentlemen had spoken as if he, (Mr. D.,) was was for the re-payment of those surplusses into
in favor of appropriating surplusses in the treasu- the pockets of thepeople. Mr. D. looked upon
ry to other objects beside the payment of the that as impracticable; but thought that the same
public debt, before that\debt was extinguished, end might be accomplished much better by exHe had never dreamt of such a thing. In the penditures for the benefit of the whole communiresumption law, which he himself had drafted, ty, which might be ensured by the provisions of
all surplusses are expressly appropriated to the his substitute.
extinguishment of the principal of the State debt.  The gentleman from  Queen Anne's, (Mr.
That he considered the true disposition to make Spencer,) had asked, whence, under the old conof them. But if the present tax system remain stitution, was derived the power of making such
undisturbed, it will not be a great number of appropriations as had been made, and he spoke of
years before we shall be entirely relieved from  his substitute as giving a power not heretofore
taxation on accountof our debt; and we shall possessed by the legislature. Mr. D. declined
then have in the treasury, derived from public going into an argument in regard to a matter,
works, surplusses of which some use or other which a long course of legislation, and universal
must be made. He hoped we were not making acquiescence therein had thoroughly settled. Prea Constitution for ten years only, but for half a suming that such a power existed in the absence
century at least; and we must look to what will of any thing in the constitution forbidding it, his
be our situation hereafter, and not take away present proposition restricted it, as he believed,
from the Legislature all power of applying funds within salutary limits.
in the treasury to purposes, which may be mani-  The last clause of his substitute had been misfestly proper and conducive to the welfare of the construed by the gentleman who opposed it. At
State.                                      present, the law gives power to borrow, to supThe gentleman from Frederick, (Mr. Thomas,) ply a temporary deficiency in the revenue, and that
had censured the last message of Governor Philip was the main purpose of that clause. But anothF. Thomas, in which a continuation of the system  er purpose was, that the State might avail herof revenue now in operation was recommended, self of any favorable change in the value of
on the ground " that every consideration of duty, money, in order to pay off old loans which had
economy and sound policy exacts the most rigid become redeemable, if new loans of the same
adherence to its provisions, until the last dollar amount could be made at a lower rate of interest.
of the public obligation is redeemed and cancel- He did not mean, that it would be any benefit
led." Mr. D. said he took the occasion to say, to the State to borrow money to buy up in the
that he most cordially concurred in that recom- market at a premium, her stocks which were not
mendation, and he thought such a course most yet redeemable, in order to substitute stocks,
just to the creditors, most safe for the State, and bearing a lower rate of interest. That process
really most advantageous to the property holders would come within the censure of the gentleman
who paid the taxes. In regard to the great rise from Cecil, (Mr. McLane,) of whose financial
which gentlemen spole of as likely to be pro- ability he expressed the highest opinion. He
duced by the State's purchasing her own stock in concurred entirely in the views of that gentlethe market, he thought that it never could take man as to such a process. The error of Mr. Pitt
place to the extent apprehended. It seemed to as referred to, was, that he issued large quantibe forgotten that there were other stocks beside ties of government stocks at a low rate of interest
those of the State of Maryland. The stocks of receiving for them, a much less amount than
Maryland were no better secured than those of their nominal value. These stocks could only
the U. States, of New York, Massachusetts, Ohio, be redeemed afterwards, by paying the full nomiand others, the market value of which would nal value, and the rate of interest could not be
have much to do in regulating that of our own lowered when money became plenty. If he had
State. These last would prevent ours from ri- borrowed money at its real market value, that is,
sing to such an indefinite amount. He consider- bearing a high rate of interest, he might, in more
ed, that we could make nobetter investment than prosperous times, wnen the market rate was




351.
lower, have saved money to the State by making public money, but to invest it in internal imnew loans to substitute for the old. Although it provements; but, he believed, that no new works
was of no advantage, to borrow at a low rate of would result in advantage to the State. We caninterest for the purpose of buying up at a pre- not carry the Chesapeake and Ohio canal beyond
mium  stocks not yet redeemable; yet, if those Cumberland, and our railroads had already been
stocks had become redeemable, and so could be extended beyond the limits of the State. He
discharged at par, and the cash for their redemp- wished now, while the people of the whole State
tion was notin the treasury, it certainly would were suffering under the burden of a public debt,
be a great saving to the State, to borrow the sum  that the Legislature should be deprived of the
necessary tolredeem them, at a lower rate of in- power of involving the State in future difficulties.
terest, than we should have to pay if the old loan Should there be a large surplus revenue hereafcontinued unredeemed. If the money was actu- ter, of which there was very little prospect, it
ally in the treasury, of course apply it to the dis- might be applied to the use of the counties in recharge of the debt; no new loan would then be lieving them from their annual county assessnecessary or proper. Money certainly bears a ments. Unless restrictions were imposed on the
higher rate of interest at one time than at anoth- Legislature, to prevent appropriations for works
er, and a man who contractsa debt when money of internal improvement, he was satisfied the
is scarce, is benefitted, if money should be abun- people would reject the Constitution.
dant at the time when his debt becomes payable.  Mr. BROWN briefly stated his opinion that we
Of this, Mr. D. gave a familiar illustration.  ought to leave the Legislature untied in reference
Allusion had been made to the sinking fund of to this subject of appropriations; although there
Mr. Pitt. It was, indeed, an extraordinary de- were some matters in which he would feel no
lusion of thatgreat man, though not confined to objection to impose restrictions on the Legislahim. He had looked upon a sinking fund as if ture.
it were some magical machine for generating  Mr. DONALDSON explained.
money, and which of its own efficacy, indepen-  Mr. JENIFER, in a very few remarks, defended
dently of taxation, could pay off a public debt. the late Governor of Maryland against the imSuch a notion seemed to have prevailed amng putations of the gentleman from Frederick as to
many in our own State. But, in fact, our sink- his political opinions. Differing as he did from
ing fund was nothing more than the appropria- the ex-Governor in his general political views,
tion at stated periods of a portion of the proceeds there was no act of his, during his administraof taxation, or other revenue, to the redemption tion, which had done so much to sustain the poor extinguishment of so much of the principal of litical reputation of the State, as the message
the debt. Any other notion of it was a fallacy, which had been animadverted upon. He hapand one of a most dangerous kind.          pened to be abroad at the time, and he knew the
Mr. D. concluded, by saying, that he really effect which was produced by it on our credit in
could not see that the dangers apprehended by the European market. The stocks of the State
gentlemen would arise from the adoption of his immediately rose. If any one act of that gentlesubstitute, and he would, therefore, adhere to man's political life ought to be selected above all
it.                                       the rest for its wisdom, it should be this, which
Mr. GRASON regretted that he came into the stemmed the tide of ruin.
Convention so late, as to be prevented from hear-  Mr. THOMAS said that nothing had fallen from
ing the gentleman from Anne Arundel, and other the gentleman from Charles to change his, (Mr.
gentleman who had preceded him. He wished, T.'s,) opinion on the subject. He hoped that we
however, to state his objections to the proposi- would, by paying our debts, hasten the day when
tion. The amendment of his colleague, (Mr. nothing said here by a Governor of the State,
George,) was intended to prohibit debts from be- or by a member of the House of Delegates, could
ing hereafter incurred for works of internal im- affect, in any way, the value of stocks abroad.
provement, while that of the gentleman from  He knew very well how speculators could use
Anne Arundel, (Mr. Donaldson,) provided, that a these matters so as to make fortunes. They were
part of the surplus revenue might, in a certain of no advantage to holders of these securities who
contingency, be applied to the extension of such held them as permanent investments. Although
works. How easy would it be for the Legisla- the surplus money in the treasury might someture, under the influence of speculative and times be employed to buy stocks when it could
visionary men, to pass a law for that purpose, be done with advantage to the State, they could
and to provide, that after the payment of the never be used to continue a system of internal
public debt, the surplus in the treasury should be improvements; and it was on this point that he
applied to the construction of railroads and differed from the late Governor, although he did
canals. It had been estimated that the public so with the greatest respect for him personally.
debt would be extinguished in twelve years, but He did not see, however, how the message could
many events might occur to defeat so desirable an have affected the price of stocks in the hands of
object. Within the period assigned for the pay- holders, who looked to the dividends on these
ment of the State debt, the United States might State bonds as a means of support for themselves
be involved in a war, and, in that case, our ef- and their heirs. This class of holders would get
forts for that purpose, would be arrested for an their quarterly or semi-annualdividends from the
indefinite period. The gentleman from Anne treasurer, whether the bonds were above or beArundel, seemed to think that the time would low par in the markets in this country or in
come when we shall have no other use for the Europe, and he would do nothing, he would




352
say nothing, that would interfere with that wise tion of the State. We were now happily and
policy of the State which put the punctual pay- rapidly relieving ourselves of these oppressive
ment of such dividends beyond the reach of all embarrassments. and it was with deep regret he
doubt or uncertainty.                     heard distinguished gentlemen suggest a partial
Mr. CHAMBERS expressed an unwillingness to abandonment of the only means of ultimate and
allow one branch of the remarks of the gentle- early exoneration. He had risen only to enter,
man from Frederick to pass without comment.  as he did, his humble protest against any such noNothing, in his opinion, could be more per- tions as unwise and perilous, involving, as he
nicious than to inculcate the idea that we were thought they did, a very possible condition in
to relax in our effbrts to discharge the public which after being once removed, these taxes might
debt. He not only agreed with the proposition again become necessary.
that honesty required a community as well as an  Mr. THOMAS said, as regards the credit and
individual to pay his just debts when he had the honor of the State, he was ready to go with any
means, but he insisted that it required the earnest gentleman, to any extent, to maintain them uneffort to procure the means.               sullied. The efiect of the argument of the genHe differed altogether with the gentleman on tleman from Kent, would be to raise the value of
another point. He considered it the crowning stocks to the profit of the speculators in stocks,
act of the late Governor's political life, that re- but would produce no advantage to the "tate, or
gardless of popular clamor, he had so manfully, to those who hold stocks as a permanent investso faithfully and so judiciously recommended a ment. Speculators watch very astutely every
perseverance in the system of taxation, for the movement of this government, in order to ascerpurpose of discharging the obligations of the tain the character of the financial policy which is
State.                                     likely to be adopted. If there should be a surEvery one knows and feels the force of habit. plus in the Treasury, the reduction of taxes does
Nothing is more repulsive to our nature than to not follow.  Speculators, who know that the
be compelled to return to a system of restraint, public debt will not be redeemable for many
abstinence and privation after having escaped years, will foresee that the Government will be
from this system to one of indulgence in ease and compelled to buy its bonds at their market value,
luxury. The descent from toil and labor and and stock gamblers will refuse to sell unless they
privation to ease, abundance and extravagance, bear a price much above that. And in this way
is natural enough, and quite a comfortable tran- stock gamblers will profit. Rather than pursue
sition to most persons. Butto reverse the opera- a policy leading to such results, he would protion is a terrible task. This may be said of com- hibit the Treasurer from buying up any of the
munities as well as individuals. We become stock at a dollar above par, for if that was done,
familiar with what we have for a long time in- as soon as the bonds were due, the State would
dulged in, and to those who have no experience have faithfullyfulfilled its engagements. By paywith greater indulgencies, their absence occa- ing the public debt in this mode, we would be
sions much less regret than to those who have able to alleviate the burdens of the people who
been accustomed to enjoy them.             had been heavily taxed for its payment. He was
He instanced the people of England. They astonished to hear the gentleman from Kent asesteem themselves the happiest people under the sert, that the people of England fancy themselves
sun, and enjoying a more perfect condition of to be one of the happiest people in the world.
civil and political liberty than any other nation There may be some thirty thousand who hold all
on the face of the earth.                  the public securities and all the lands in England,
They have long lived under the system which  who are contented. But it was not the case that
prevails; they are accustomed to ihe burdens im- all the residue of the people was so. To show
posed upon them, and their condition and habits the contrary, he described the scenes thatare conin all other respects conform to these circum- stantly passing before us, when numbers of her
stances. Yet if the heavy taxes, on every comfort people are casting off their dearest ties, and abanof life, which they pay, should be imposed on the doning their natale solumn, after groaring and sufpeople of this State, itwould produce an outbreak fering under taxes, piled on each other, like Feof feeling that would sweep from the political lion on Ossa, and Ossa on Olympus, and leaving
stage, every man who should have participated behind them the bones of their fathers, to find.
in bringing about such a state of things. We all homes in a foreign land.
knew with what extreme difficulty our present  Mr. CHAMBERS said, the expressed, and theresystem of taxation was introduced. When his fore known,unwillingness of the gentleman from
friend over the way, (Governor Grason,) had Frederick, (Mr. Thomas,) to be interrupted, had
the firmness first to recommend a resort to taxa- alone prevented him from correcting the very odd,;
tion, neither the committee of finance nor the error into which he seemed to have fallen. That
Legislature would back him, though of his own gentleman seemed to labor under the mistaken
politics.                                 idea, that the opinion of the superior happiness
Mr. SPENCER explained that he as chairman of and liberty of the English people, to which he
the committee of ways and means recommended had alluded, was his, [Mr. C.'s] opinion. One
a compliance with the opinion of the Governor, moment's thought must have caused the genbut the committee did not agree withihim.l  tleman to see that it was quite impossible it.
Mr. CHAaMBERS meant no unkind allusion. It should be so, because it would make the illusproved the want of nerve to do an unpleasant tration defeat the argument. It was because it.
thing, though necessary to prevent the degrada- was the;opinion of the English people themselves,




353
and because familiarity with their condition and were no stocks in the market but Maryland State
their burdens, led them so to think, when, in stock, whereas the supply of other stocks is suffact, it was not so; that is, precisely because their ficient to enable purchasers always to select. He
opinion was erroneous, that the case illustrated deprecated the abandonment of the system to
the truth of what he had urged. Certainly that which we had now accommodated our prices of
gentleman, and every one who knew him, must land, labor and production, as well as our doknow, that in his opinion, no people on the wide mestic and social habits, ui til our emancipation
surface iof the habitable globe, had so much cause was complete. It would also advance our credit
of thankfulness for the measure of civil, political in the event of a necessity to employ it hereafter.
and religious freedom, as the American people; He illustrated this view, by contrasting the pruyet he re-asserted the same fact-the English dent, economical debtor, who anticipated the
people do think themselves the most happy and day of payment, with the man of indulgence and
most free. The imigration into this country, is extravagance, who wilh much larger pecuniary
said to prove that they feel their rulers and mea- means, was always just in "at the last gasp," or
sures to be t rannical and oppressive and for this perhaps a little behind the stipulated time. He
cause leave the country. He differed with that regretted to hear a contrary opinion urged. It
gentleman. It was very true many of those who was to be feared if we entered upon this easy
came to our country, expressed this opinion, af- downward path of repealing taxes, we should be
ter they were here, and had some experience of in the condition of the passenger on the railroad,
our greater political privileges, and our greater who in going down the inclined plane cut loose
abundance in all the necessariy s and comforts of the fastenings, and was hurried with such rapid
life. But these were not fair exponants of the impetus into the mire below, that he could neither
general sentiment of their countrymen, any more extricate himself nor be reached by his friends.
than a class-and not a very small one-in our  Mr. SpENCER said, the reference which had
own country, who are ever dissatisfied with the been made to him by the gentleman from Kent,
existing government, and anxiously and vehe- (Mr Chambers;) and the gentleman from Anne
mently urging changes. Emigration ever did, Arundel, (Mr. Donaldson,) made it necessary
and ever will follow an exce s of population.  for him to make a response  It had been said
Whenever the inhabitants of one country be- that at the December session of the Legislature
come so numerous that the production is insuffi- of eighteen hundr d and thirty-nine, Governor
cient to sustain them, labor must of necessity be- Grason had, with great firmness al.d integrity
come cheap, while food becomes scare and dear, of character, in his annual message, recommendand they will migrate to another country to ed the imposition of a direct tax to meet the exifind better wages and better food, as certainly as gencies of the State, resulting from her internal
water will seek a level. We were receiving improvement works. But that the committee of
emigrants from  all other quarters of populous ways and means, of which he, (Mr. S.,) was
Europe, as well as from England, and must expect Chairman, had not recommended in their report
to do so while land and its products were abun- to the Legislature such a tax and had not sus
dant, and labor in demand to an extent unknown tained the Governor. It was true that he had the
in Europe.                                  honor, at that important session of the LegislaOur own people were continually migrating ture, to be the Chairman of that committee, and
to the new States and territories, in some in- he was fully sensible, as he had occasion before
stances as rapidly as they were emigrating from  to say to this body, of the high and patriotic pothe old country into this. While,therefore, he ad- sition then taken by Governor Grason and Mr.
mitted that our free institutions constituted one McCabbin, then the treasurer of the State. As
element, in the aggregate of motives to immigra- the Chairman of the committee of ways and
tion, it did not weaken at all the force of his po- means, he made every effort in his power to prosition.                                     vide for a dii ect tax, but it was impossible. On
In relation to the matter of government stocks the ninth day of January, the Legislature having
he must entei his dissent to the views of the gen- been in session only ten days, and before anry time
tleman from Frederick, and express his concur- had been allowed for any action, by the commitrence with those explained by his friend from  tee of ways and means, General R dgely, of AnAnne Aruidel, (Mr. Donaldson.) Contractors ne Arundel, a leading whig, and the year before,
for loans, like all other traders, will of course the Speaker of the House, submitted a set of remake the best bargain they can.             solutions repudiating the sentiments contained
The purchaser of stock looks to its security in the message of Governor Grason, and declaand its productive value or dividend. If he can ring that the Legislature do not concur in the
get the stock of the State of Maryland, on as opinion of the Governor, that a direct tax is negood or better terms-reference being had to cessary, but on the contrary would hold such a
these considerations-he will buy Maryland measure premature, unwise and burdtns(lme to
stocks. If he can purchase the stock of other the people of this State. [See page 52 of the
States believed to be equally safe and equally Journal of House of Delegates, session 1839.]
productive on better terms, he will purchase  On the eleventh day of the same monthi, he,
these.                                      (Mr S,) being chairman of the committee of
There is nothing in the case of stocks to dis- ways and meatis, and with the approval of threer
tinguish them from other articles of traffic. The other members of that committee, submitted to
supply and demand will determine the price. the Legislature a counter set of resolutions, apThe error lies in treating the subject as if the proving the course of the Governor, setl.ing forth
45




354
the condition of the finances; the resources of of officers, contractors and laborers, who have
the State; its plighted faith; the obligations of been employed on the public works."
the Legislature to meet it, and the impropriety  "The professed design.was an advancement of
in the L, gislature, to intercept the action of the the conimon prosperity of the people. So far,
committee of ways and means, on the subject. the end contemplated has failed, and the State
[See page 68, of same journal.]           is called upon to redeem its obligations."
On the same day, Mr. LeGrande of Balti-    "We must so act as to prove, that what we
more, and a Democrat, offered others, declaring owe, we intend to pay. Every principle of honor,
that whilst it is the duty of the Legislature to virtue and patriotism, compels us to such a
provide adequate means for the support of Gov- course. It is not the characteristic of an Ameriernments, "those ends may for the present be can to mould his principles to subserve his selattained without a resort to direct taxation." fishness. What he would require of another, he
[See page 70, of same journal.]           will perform himself. His principle is to exact
nothing but what is right, and submit to nothing
These resolutions elicited in the House a warm         is right and submit to nothing
and excited debate, and after various discussions, tha  wrong."
"When General Jackson was the President of
another distinguished Whig, Mr.'lucK, now a the United States, he insisted upon a payment of
member of this Convention, submitted on the
twenty-third of January, another set of resolu- a debt due by the French Government. In enions, denouncing in very srong terms the mes- forcing the claim, the friendly intercourse betions, denouncing in very strong terms the mes- t.
sage of Governor Grason, and declaring "that tween the two nations, were for a while arrested.
sage of Governor Grason, and declaring "that         onhe                Great as was
this Legislature does not concur in the suggestlon We were upon the verge of war. G reat as  s
of the message, that the revenue should be in- the opposition to his administration,on other sub
creased by a direct tax laid on the real and per- jects, upon this question the hearts of all united.
sonal property of the people." [See page 126 of  hough the controversy was with France, our
sdamem ournal ofm   the pepl."[S e pg2,   ancient ally, when we were struggling for politisame Journall d      is I o                cal liberty and independence, still as the demand
It will readily be perceived, how completely of the government was just, past friendship was
the committee of ways and means were embar- forgotten, and the course of the administration
rased. The entire whig party in the House,stood ardently sustained. The chivalry of the nation
firm to a man in opposition to Governor Gra- wasaroused, and nothing but an unconditional
son's message. At the same time, although the payment of the debt would have been tolerated.
democrats had a majority in the House, there It must not be said of us, that what we exacted of
was a small division of them, who, with the France, we will refuse to others."
whigs, opposed a direct tax. Every effort was  "If the period has arrived, when to pay the
made to induce a small portion of the whig patty interest on this debt, all other resources have
to act with and support the committee of ways failed except direct taxation we must resort
and meatrs. T'hree distinguis ed gentlemen from  to it."
Baltimore, and he mentioned it with infii te  Tha,tin the opinion of the committee,'there is
pleasure, for it did them   great honor-   no ecessity to provide for a direct tax, at preMessrs. Grafton Dulany, J. V. L. McMahon sent, but they cannot disguise the fact, that after
and William Schley, visited in person the whig the year 1841 it will be inevitahle, unless the
members and appealed to them to come to the Chesapeake and Ohio canal company, and the
rescue of the chairman of the committee of ways Baltimore and Suquehanna railroad company,
and means, as he was ready to report a tax, if he shall contribute largely to the payment  the
could carry it. It was urged, that it could then interest on the public debt."
be done, free from  party influence. That the  [See reportof committeeof ways and means
goveinor, a democrat; the treasurer, a whig, andSesion 18.39.
the chairman of the committee of ways and      r. BRON demanded the previous question,
means, a democrat, had supported, and were i but waived it at the request of
favor of it, and it only required a small support  Mr. DONALDSON, between whom  and Messrs.
from whig members, to carry a measure which SPENCER and CHAMBERS, of Kent, someexplanashould rise above party. It was urged that the tions passed.
measure would have to come and that it had bet-  Mr. BROWN renewed the demand for the preter come at once. But the appeal was ili vain  vious question.
The committee could not get support sufficient to  There was a second.
carry the measure and it was driven to resort to  And the main question was ordered to be now
the best rexpedients which could be car ied un- taken.
der the circumstances, and to assign the best rea-  r. GRASON enquired, if it would now be in
sons that could be furnished, for pursuing such a order to move a cll of the House.
course.                                      The chair, at this time, was occupied by Mr.
A temporary expedient was adopted, but with BLAKISTONE.
it went forth the annunciation in the report of  The PRESIDENT of the Convention rose and
the c.minittee, that upon the faith which capi- said, that under the new rule, a call of the House
talists, at home ald abroad, gave to our acts of was not in order, after the main question had
assembly, they -have been iniduced to subscribe been ordered.
their mnoney. In this manner, the debt has been  Mr. SPENCER said, that the vote on such a
created.'I he mon!ey has been actually borrow- question ought not to be taken without a full
ed and distributed through the State, in payment  Houtse. Hee moved, therefore, a reconsideration




355
of the vote ordering the main question, with a kistone, Dent, Hopewell, Ricaud, Lee, Chambers
view to move a call of the House.           of Kent, Donaldson, Sellmanr, Weems, Merrick,
The motion was not entertained.           Jenifer, Buchanan, Bell, Ridgely, Lloyd, DickThe question then recurred on the main ques- inson, Sherwood of Talbot, Colston, John Dention, [beinlg the substitute amendment of Mr  nis, James U. Dennis. Williams, Hodson, GoldsDONALDsoN.]                                 borough, Phelps, Chambers of Cecil, Miller,
Mr. NMcHENRY asked the yeas and nays there- Sprigg, McCubbin, Spencer, Grason, George,
on, which were ordered, and being taken, re- Wright, Hearn, Jacobs, Thonas, Gaither, Biser,
suited as follows:                          Annan, Sappington, Mlagraw, Nelson, Carter,
~ffirmative - Messrs. Chapman, President, Thawley, Stewart of Caroline, Gwinn, Stewart
Blakistone, Ricaud, Lee, Chambers, of Kent, of Baltimore city, Sherwood of Baltimore city,
Donaldson, Dorsey, Wells, Kent, Merrick, Jeni- Ware, Schley, Fiery, Neill, John Newcomer,
fer, Williams, Goldsborough, Sprigg, McCub- Harbine, Michael Newcomer, Kilgour, Waters,
bin, Waters and Smith-17.                   Weber, Fitzpatrick, Smith, Shower and Brown
Negative-Messrs. Dent, Sellman, Weems, -62.
Buchanan, Bell, Ridgely, Lioyd, Dickinson,    Xegative-Messrs. Dorsey, Wells, Constable,
Sherwood, of Talbot, Colston, John Dennis, McHenry, Brewer and Parke-6.
James U. Dennis, Hodson, Phelps, Constable,   So the first branch of the second article of the
Chambers, of Cecil, Miller, Spencer, Grason, substitute was agreed to.
George, Wright, Jacobs, Thomas, Gaither, Bi-  The question then recurred, and was taken on
ser, Annan, Sappington, McHenry, Magraw, the last branch of the second article of the subNelson, Carter, Thawley, Stewart of Caroline, stitute.
Gwinn, Stewart of Baltimore city, Sherwood of  And the vote resulted as follows:
Baltimore city, Ware, Schley, Fiery, Neill,John
Newcomer, Harbine, Michael Newcomer, Kil-    Offirmative-Messrs. Chapman, President, Morgour, Brewer, Weber, Fitzpatrick, Parke, Show- gar, Blakistone, Dent, Hopewell, Ricaud, Lee,
er and Brown-50.                            Chambers of Kent, Se'lman, Weems, Merrick,
So the substitute amendment of Mr. DONALD- Jenifer, tuchanan, Bell, Ridgely, Lloyd, DickSON, was rejected.                          inson, Sherwood of Talbot, (.olston, John DenTtie question, recurred  on  the substitute  is, James U. Dennis,Williams, Hodson, Phelps,
amendment of Mr. GEORGE, [accepled by Mr. Constable, Chambers of Cecil, Miller, Spencer,
RIDGELY.]                                    Grason, George, Hearn, Jacobs, Thomas, GaithMr. STEWART, of Baltimore city, and Mr. er, Bi1er, Annan, Sappington, McHenry, MaRIDGELY, asked the yeas and nays, which were g-aw, Nelson, Carter, Thawleytewart of arordered.                                    oline, Gwinn, Stewart of Baltimore city, s-herMr. DONALDSON called for a division of the wood of Baltimore city, Ware, Schley, Fiery,
question, which was ordered.                 Neill, John Newcomer, Harbine, Michael NewAnd the question was then taken on the first comer, Kilgour, Brewer, Waters, Fitzpatrick,
article ofthe substitute, and the result was as Smith, Parke, Shower a!:d Brown -61.
follows:                                      XJegative-Messrs. Donaldson, Dorsey, Wells,
Affrnative - Messrs. Chapman, President, Kent, Goldsborough, Sprigg, McCubbin and
Blakistone, Dent, Hopewell, Ricaud, Lee,Cham- Weber-8.
bers, of ient, Donaldson, DorseyS Wells Kent   So the last branch of the second article of the
Sellman, Weems, Jenifer, Buchanan, Bell, substitute was ajreed to.
a, Weems, Jenifer, Buchanan, Bell,
Ridgely, Lloyd. Dickinon, Sherwood, of T'al   The question recurred on the section as amendhot, Colston, John Dennis, James U. Dennis, ed;
Williams, Hodson, Goldsborough, Phelps,Cham    And decided in the affirmative.
bers, of Cecil, Miller, McCubbin, Spencer, Gra-  So the sectlon, as amended, was adopted.
son, George, Wright, Thomas, Gaither, Biser,   Mr MERRIi     offered a  amendment which
Annan, Sappington, McHenry,.lagraw, Nelson,  was decded out oforder.
Carter, Thawley, Stewart, of Caroline, Gwinn,  Some conversation followed on a point of orStewart, of Baltimore city, Sherwood, of'Balti- der.
more city, Ware, Schley, Fiery, Neill, John    Mr. MCHENRY moved a re-consideration of
Newcomer, Hirbine, Michael Newcomer, Kil- the vote adopting the said section, as amended.
gour, Brewer, Waters, Weber, Fitzpatrick,      Mr. McH. gave notice that, if the motion was
Smith, Parke, Shower and Brown-64.           re-considered, he would offer the following
j.egative —  Messrs. Merrick, Constable and amendment:
Sprigg-3.                                      Section 21. The General Assembly shall have
So the first article of the substitute was agreed power to provide by law for borrowing such
to.                                          sums of money as may become necessary to fulThe question recurring on the adoption of the fil the obligations of the State, contracted previsecond article of the substitute,            ously to. the adoption of this constitution, to deMr. STEWART, of Baltimore city, asked a sub- -fray the expenses ot repeling invasion, or of supdivision thereof, which was ordered, so as to pressing ilsurrection, and to meet any temporary
include to the word'and" in the fourth line.  deficiency in the revenue; but for no other purThe question was taken and the result was as poses whatever. All loans made under this aufollows:                                      thority shall be payable and paid within twenty
Jffrmnative —Messrs. Chapman, President, Bla- yearsand those toe meet temporary deficiencies




356
within two years, from  the respective dates proved of by a majority of the votes in the electhereof.                          I       tion district where the same is to be sold.
Sec. 22. The credit of the State shall not, in  Which was read, and
any manner be given or loaned to, or in aid of  On motion of Mr. HARBINa,
any individual, association or corporation.  Referred to committee No. 14.
Sec. 23. This State shall never embark in
works of internal improvement, nor in pecuniary  THE LEGISLATIVE DEPARTMENT.
adventures of any kind.                     The Conventiorn resumed the consideration of
And then the Convention adjourned until to- the report of the committee on the Legislative,
morrow at ten o'clock.                    Department of the Government.
TI F INANCES.
Mr. JAcoBS inquired of the Chair, whether it
was now in order to move an additional article?
The PRESIEENT said, it was in order.
WEDNESDAY, Feburuary'6, 1851.      Mr. JacBS moved to amend said report by inThe Convention met at ten o'clock.      serting as the twenty-second section, the followPrayer by the Rev. Mr. GRIFFITH.        ing:
The roll was called, and the journal of yester-'The present financial system of this State,
day was read and approved.                shall remain inviolate until the State debt and interest thereon are fully paid; or the sinking fund
ALLEGANY COUNTY.              be sufficient for the payment thereof, after which
Mr. SMiTT, from the select committee on new  the L.egislature shall provide by law for the ancounties, submitted tihe Collowing         ual distribution amongst the counties and city of
otfollowing      Baltimore of this State, of the nett revenues of
REPORT:                  the several works of Internal Improvements, in
the proportion which by taxation they shall have
VWhen that part of Allegany, lying south and contributed to the same."
west of a line beginning at the summit of Big  The amendment having been read"Ic l.^^ T'^  ^ t^  ^^  of ^   The amendment having been readBack Bone, or Savage Mountain; where the
Mountain is crossed by Mason and Dixon's line,  Mr. JACOaS said that his motive in offering it
and running thence bya straight line to the mid- was to show to the people the sincerity of the
die of Savage river, where it empties into the purposes of this Convention, that they intended
Potomac river, thence by a straight line to the to adhere to the present financial system until the
nearest point or boundary of the State of Vir- debt was paid-and that it was intended, after
ginia; then with said boundary to the Fairtax the debt should have been paid to secure to them
Stone, shall contain a population of ten thou- something in return for the taxes they had consand, and the majority of electors thereof shall tributed. The people whom he represented
desire to separate and form a new county, and looked to the adoption of some such provision
make known their desires by petition to the Le- with great solicitude; and good faith to the peogislature, the Legislature shall direct at the next pie, generally, required, he thought, that some~succeeding election, that the judges shall open a thing of this soit should be inserted in the Conbook at each election district in said part of Al- stitution.
legany county, and have recorded therein the  Mr.DoNALDSON called for a division of the ques.
vote of each elector, "for or against," a new tion.
county, in case the majority, (or tw,-thirds) are  The PRESIDENT said, in the judgment of the
in favor, the said part of Ailegany county, to be Chair the amendment was susceptible of two dideclared an independent county, and the inhabi- visions.
tants whereof shall have and enjoy all such rights,  Mr. BROwN suggested that the amendment, in
and privileges asjare held and enjoyed by the in- his opinion, went further than the gentleman
habitants of the other counties in this State.  from Worcester, (Mr. Jacobs,) designed that it
Mr. SMITH said, he made the report, with the should go. If the gentleman designed that there
concurrence of the committee, at this time, be- should be no reduction of taxes until the entire
cause it was coinected with the report of the debt was paid, then it would follow that there
committee on the Legislative Department now  must be a large surplus in the Treasury. The
under consideration.                      system, it seemed to him, (Mr. B.,) would inot
The report was read, and ordered to be print, work well. He should be compelled to vote
ed, and laid on the table, to be called up here- against it.
after.                                    Mr. JAcoBS  I do not propose that the present
INTOXICATING DRINKS.           1 system shall continue in force beyond the time
when the sinking fund shall be swelled to an
Mr. HARBINE, presented a petition of sundry amount sufficient to meet the payment of the
citizens of Washington county, praying that pro- State bonds, as they may, from time to time, bevision may be made in the new Constitution, that come due. Immediately after the debt shall have
the privilege to sell intoxicating liquors shall not been paid off, the distribution, proposed by my
be granted to any person in any part of the State, article, will commence. Hence, after the debt
except the same shall first be sanctioned, or ap- is paid, there can never be any surplus in the




357
treasury, for any length of time, under the pro= paid into the State treasury. If these bonds to
posed distribution.                         pay interest had been sold by the treasurer of the
Mr. DoRsEY suggested to the gentleman from  State, the true character of these financial arWorcester, (Mr. Jacobs,) to modify his propo- rangements would have been obvious. But unsition by inserting the words " until the debt and der the arrangements that were made, a delusion
interest are fully paid, or the sinking fund shall prevailed on this subject. The people believed
be found sufficient for payment thereof."  that the large sums of public money which had
Mr. JACOBS accepted the modification.     been expended for internal improvements, could
not, in any event, lead to taxation. And the
Mr. THOMAS said he had yesterday expressed purchasers of the bonds felt secure of the puncan earnest opposition to the course of policy in tual payment of their dividends, under the belief
relation to our finances, which was foreshadow 
that the mortgages given by the canal company
ed in some gentlemen's speeches, and which is this  th  Stte  been executed by a company
morning proposed in the amendment of the gen-   e Saeco                            a
morning proposed in the amendment of the gen- having ample means co comply with its pecuniatleman from Worcester, (Mr. Jacobs.)   He     engagements. This financierin, Mr T. said,
would, this morning, say in a few words, why he r  deceptive;but he did not impute intentional
must vote against this proposition. Beforedhe was deceptive; but he did not impute intentional
must vote against this proposition. Before hewrong to any one who had been concerned in it.
did so, he had something to say on a question  When these contracts were entered into by the
mooted yesterday in this hall.             canal company and the State, he had no doubt
He was not here when the honors were dis- but that the parties to them fully believed that
tributed yesterday to those who were entitled to the canal would be completed at an early day,
the credit of rescuing Maryland from the dis- and that then its incomes and profits would be
grace of a public bankruptcy. He humbly con- abundantly adequate to the fulfilment of its conceived, that when all the facts were known, tracts. He thought otherwise, and took meano one would deny to him some portion of that sures as soon as he had time, fully to understand
commendation which had been given altogether the affairs of the company to arrest this whole proto others. To some of these facts he would re- ceeding. At that time a corps of Engineers were
fer, especially as they would tend to remove eve- locating a route for the canal west of Cumberland
ry shadow of suspicion from the minds of mem- with a view to its extension to the Ohio. They
bers, that he was less jealous than another, of were withdrawn. The idea of extending the canal
the honor of the State. We may differ as to the to Ohio river was abandoned. If it had been posmode in which public faith may be maintained, sible to keep the financial system in operation,
but those differences should not lead us to enter- which was relied upon to pay the interest on
tain apprehensions and distrusts of each other, bonds of the State issued to construct the canal,
that have no foundations.                  the bonds to be issued for that purpose, would
It was well known to the Convention that he have exceeded thirty millions of dollars. Havhad been chosen President of the Chesapeake ing taken measures to limit the undertaking of
and Ohio Canal company in 1839. Prior to that, the company to the completion of the canal from
the State of Maryland had contracted a debt of tide-water to Curberland, he addressed a letter
more than seven millions to pay for stock taken to the gentleman from Queen Anne's, who was
in the canal company and to raise money to be then Governor of Maryland, urging him to call
loaned to the same company to prosecute its an extra session of the Legislature, that meagreat undertaking. The acts of the General As- sures might be adopted to put the financial affairs
sembly of Maryland, authorizing State bonds to of the State in order, and place them on some
be issued for these purposes, each and all con- sure and stable foundation. He then thought
tain sections requiring the canal company to and said, that taxation, and taxation alone, was
mortgage to the State all their incomes and the the rightfulremedy. After hisletier to the Govwhole work they were constructing, to secure ernor had been received by him, they had a perthe punctual payment of the interest on the loans sonal conference on this subject, when there was
thus made by the State, and on the State bonds no difference between them as to the stern necesissued to raise means to pay for this canal stock sity which existed for an interposition of the Lefor a stated period of years. At the time he be- gislature. Butthe Governor thought it would
came their President, the annual interest, payable not be expedient to call an extra session of the
from the canal company to the State, exceeded Legislature he preferred to wait for a regular
four hundred thousand dollars.'Ihe whole in- annual session of that body, the time for comcome of the company was not sufficient to keep mencing which beinlgthen near at hand. Having
that part of thl canal which was then finished, detailed these facts, he asked whether no credit
in repair, and o pay the salaries of its officers. was due to the citizen of Maryland who had taThus circumst anced, the officers of the company ken upon himself high responsibility to arrest a
had no means Srpay the interest due to the State proceeding that must have eventuated but for
but by selling the bonds of the State itself, for that interruption in the contracting of a public
whatever they would bring in the market. And, debt that would have frustrated every plan since
in this way. when two millions of dollars were devised to maintain the hnor of Maryland.
advanced by the State to construct the canal,  It was well known that he had opposed the inabout one million five hundred thousand dollars ternal improvement policy that had caused our
would be expended in the further construction of financial difficulties. He differed now as to the
the work, and the other five hundred thousand manner in which our financial affairs were, to be
would be sold in the market to raise means to be conducted, and he was not to be deterred4 in the




358
pursuit of his objects by the possibility that he  He had said this to explain the vote he was to
timight encounter the hostility of those elsewhere, give. He could not agree to detain the house by
who contributed nothing but frothy declamations saying more in support of propositions that apabout State faith towards the maintenance, n- peared to his mind so obvious and indisputable.
sullied, of State honor.                    Mr. CHAMBERS said, when this subject was
He was opposed to the amendment of the gen- unexpe ctedly started yesterday, he had ventured
tleman from Worcester, and would vote against to ente;r his protest against the policy of an early
any proposition to impose such restriction on the reduction of taxes. Trie gentleman from Fredlegislature as would leave them no power to re- erick had to day renewed the subject with an
duce the taxes, when the state of our treasury elaborate argument.
would fully justify such a measure. His princi-  He should not waste words or the time of the
pal objection to such a course, was founded in Convention by an effort to show the duty of prothe belief, that, it would cause the public securi- viding for the interest on the public debt. No
ties to rise in the market much beyond their no- man he supposed could be found to deny that
minal value, and in that way afford opportunities duty, or oppose its performance. It would place
to stock-jobbers, to make large profits and inter- him in a position odious in public estimation.
fere seriously with the policy of the State, in-  The gentleman from Frederick had advanced
tended to pay the public debt through the me- two propositions, first that the fact of the Treadium of the sinking fund. Our treasurers habit- surer's being in the market would necessarily
sally purchased Maryland stocks with the pro- swell the price of our stock to an inordinate sum;
ceeds of the sinking fund. The amount of stocks secondly, that it would be the means of securing
of that character, due and payable was very lim- large fortunes to speculators and stock-jobbers.
ited. The largest portion of the State wruld  Mr. THOMAS repeated his positions, in order to
not be due for twenty, thirty and forty years. set the gentleman right.
Was it then wise policy to compel our legislature  Mr. CHAMBERS said he understood the posito keep the present tax system in full operation, tions assunme by the gentleman, and supposed he
when it was notorious that the surplus annually had correctly stated them, and he desired to exaccruing in the treasury, would soon be, if it press his entire dissent from each of them. He
was not now, much greater in amount tian the would reiterate the views he had yesterday exbonds of the State outstanding and due. He de- pressed, that the considerations which connect
nied that it would be good policy to deny to the themselves with stock operations are not those
legislature, power to touch this tax system be. assumed by the gentleman from Frederick. The
f'ore the whole debt is paid off. We have an elements which enter into the estimate of the
increasing income from the public works. That value of stock are such as he had before assertmay increase in a few years and swell this sur- ed. Men are governed in their transactions in
plus revenue. And in that event, the treasurer this article of traffic by the same influences which
would have on hands large sums of money to be control their action in their traffic in in other arapplied to the purposes of the sinking fund. titles. It was subject to the same general law
This State of our finances would be known to which governs in all matters of trade. The prostok-jobbers; and could any one fail to foresee portionate amount of demand and'supply would
that that class of citizens holding large amounts regulate the price.
of State securities, that the treasury had not a  So it was with land or its products; when abunright to redeem without consent of the holder, dant, a man would go into the market and invest
until they were due, would demand for their his money so as to produce the most profit by his
prices high above this nominal value. To him  purchase. If an individual wanted a farm, he
this seemed very clear, and he would undertake would make its productiveness and its convenio predict that if the policy indicated by this encies the criterion of its value. There might be
amendment, was enforced upon the legislature an exception to this rule, where a person of large
that it would be found hereafter that we had paid wealth indulged his fancy or his taste, or a coneighteen or twenty millions, instead of fifeen venient location of his family, but he spoke of
million of dollars for our State bonds. Such a cases generally. A stranger having no local preresult he depricated.                      ferences or social feelings to divert. him from the
He regarded these debts of the State as obli- ordinary motives of purchasers, would never buy
gatory on the people of Maryland. They are to a farm for one hundred dollars per acre, when he
be paid, but we are under no obligation to pro- could obtain one of as good quality, as convenivide for their payment before they are due. ently situated, in regard to "mill, market, and
Those who hold our securities as a permanent in- church," equally productive and equally inprovvestment, and look to their dividends from that ed, at half the price. Nor would it be an insource as a means of support, will be satisfied if ducement sufficient to change his purpose, that
we take care to provide for the punctual payment some wealthy neighbor was known to be desiof those dividends, and are ready to redeem the rous to purchase the first named farm. So with
principal when it is due. For these purposes our government stock, if there was but a v-.
State financial system has been made abundantly ed amount in the market, its va!'e as. me.r of
adequate by the Legislature. And he had no investment would undoubaedl i      nrease to an.unoutedly....., to an
reason to doubt that the Legislature, if the whole extent beyond other articles of which te Supply
subject is left as it ought to be, to their discre- was more abundant.  But governmeh t stocks
tion, would be derelict to their duties in this re- were plenty, and a purchaser had ample room for
spect.                                     selection. A man of money, therofored, dt....ing




359
to invest, would bseertaln first the perfect secu- cure less. If all this we're so, how was it to inrity of the investment, and next the annual pro- crease or diminish the enmoluments of slock-jobduct or dividend. Whether Mr. A., Mr. B., the bers, that our Treasurer was authorized to purTreasurer, or any body else, desired to purchase chase, and had the me'rans to pay for our State
that stock, would form a very inconsiderable ele- stock. 
ment in estimating the prudence or propriety of  Before quitting thr^ subject, he would address
the investment, especially if it were to be perma- a word of advice or, this subject, to that class of
nent. If only for a temporary purpose, it might persons who had,,'as he supposed, the deepest inbe some additional motive to know that a demand terest in this m att er. He alluded to the agriculfor the particular stock always existed, and to tural portion of the community-the owners of
that extent might, to a small amount, enhance land and neg'oes. They might he well assured
its cost.                                   they were the v ery last who would be benefitted
But safety and productive value, would be the by a remission of taxes.
ruling causes of value, because they would al-  The gentleran from Frederick strongly adways secure purchasers.                     vised an early diminution of taxes, reducing the
He enlarged upon the view, to prove that our revenue to tle lowest amount necessary to pay
State stock could not be forced to an unnatural interest and current expenses. Let no such noprice in the market, for the reason that the Trea- tion be adopted. Let us not be deluded by
surer was authorized to purchase.           doubtful o.- delusive expectations.
Now the gentleman has stated his second pro-  We have heard the opinions of those who
position, but what proof has he offered to sus- should best know, that the receipts from the
tain it? We were yet to learn, why or how, works of internal improvement are most prestock-jobbers were to realize overgrown fortunes carious and uncertain.  Experience teaches us,
by the fact that the Treasurer was one of the that acc~idents may befal our canal and railroads.
numerous bidders, in the m.rket, for State stock.  They have heretofore,and without expensive or
He confessed himself pSlable to perceive the destructive accidents, failed to produce the rich
"modus operandi."                           d:videnlds confidently anticipated. They may do
This class of mp.n, ashe understood the matter, so again. When other sources of revenue have
made their fo'runes very much after the fashion,f'been abandoned, in reliance on the golden streams
4deaers';,i other departments of trade. They de- which are to flow into the treasury from these
voted all the energies of their minds, to the sources, we may suddenly find these streams have
acquisition of information, as to events and cir- ceased to flow. What comes next? Of course
cumstances which experience taught them would a tax on land and negroes. What has always
effect the value of money                   been the first object of taxation? Land and neAll the political events of the day were closely groes, most certainly. Aye. and in the proposed
scaned. They were early advised of the threat- system  of excision and paring off' and paring
ened troubles and excitements of governments, down of taxes, what is to be the very last item
the disturbed relations of nations, the conse- to which the scapel is to be applied? Why, of
quent probable preparations for such emergen- course, our land and negroes.
cies; the prospect of war or peace; lor loans and  Look at the projet read to you the other day,
subsidies; then again they accurately estimated from the official proceedings in Baltimore under
the surplus or deficiency in crops, in cotton. the imposing title of "reform  and repeal.'   Do
bread-stuffs, and so on; the probable state of you find there any suggestion of repealing taxes
commercial operations, imports and exports, and on land and negroes? No, indeed-quite otherall the various facts which occasioned an increase wise. The "odious stamp tax," and all other
or diminution in the value of money. This be- taxes paid in common by the mercantile and
ing ascertain, they operated  accordingly. If other classes are to be repealeS  but the tax on
money became cheap and worth for its loan or land and negroes is the legitimate source of peruse, say three per cent. per annum, why of course tnanent revenue. He warned this great interest
a six per cent. stock was worth more than par. of the danger of thus exposing it to a continuIf money was to be so scarce, by the relative a' ce of the ungenerous and unjust exclusiveness
value of other articles, as to command eight per which had singled them out, as the peculiar obcent., then asix per cent. stock was not worth jects of taxation.
par. Thus the' bulls and the bears," were up  This public debt was a universal "mortgage,"
and down by turns. A reference to English an incumbrance upon all our estates. Every manl
government stocks, would show that the prices should be anxious to see it discharged and rewere ruled by considerations such as he had leased. Every dollar raised for the purpose of
mentioned. Consols were affected materially by discharging the public debt should be regarded,
a political rumor. True the quotation per share at so far a satisfaction of this mortgage. No
or per cent. was very small, but like the half- man could desire to have his property pass to his.
pence sterling in the pouned of cotton, this very children thus heavily incumbered with liabilities.
small per cent. amounted in the aggregate to mil- It ought to be constantly kept in mind that our
lions of dollars.                           property with this lien upon it, was lessened by
Yet these rumors did not make them  less se- that amount, and every dollar that was placed in
cure, or less productive. Money, like every the treasury to pay the public debt, went just so,
thing else, had a relative value-and when scarce far to increase the actual value of our property.
it would procure more in exchange, for other Every man knew, that if his farm was mortgaged
commodities, and when abundant it would pro- for a particular sum, it was worth to him pre



360
cisely to the amount of that sum less than its on now, to pay a debt, which does not fall due
par value. It was precisely the same thing with until the year 1890? If we agree to do this, all
regard to the whole property of the State, which the advantage of the act will accrue to speculawas incumbered with the public debt, of which tors in stocks, but no profit could result to the
he repeated, the items of land and negroes would State.
in any event, pr;y a large proportion, and if a  But enough had been said on this topic. The
system of early repeal should be unfortunately subject had been discussed over and over, until
adopted, they would be made to pay nearly the the Convention had become weary of it. Every
whole.                                      man must have made up his mind how he will
He had thus given his views on the general vote.
question, discussed by the gentleman from Fred-  Mr. JENIFER said that the question before the
erick, without reference to the particular motion  House had been lost sight of, which was not ununow before the chair. Indeed, he had not heard sual, and he should not now follow in this disthis proposition read, as the gentleman had just cussive debate, had not the distinguished gentlecommenced his remarks as he entered the man from Frederick, (Mr. Thomas,) a second time
Hall.                                       referred to matters which appeared entirely irreleMr. THOMAS, in reply, said, there was one pro- varnt to the question now under consideration.
position on which he was desirous not to be mis- That gentleman had, in his speech of yesterday,
understood. The gentleman from Kent had laid referred to the last message of the late Governor
it down as a principle that the price of the stocks Philip Francis Thomas, and had reiterated to-day
in market, depends on the relation which the de- his unqualified disapprobation of that part of it
mand bears to the supply, and that the presence which recommended to the Legislature " not to
of the State treasurer in the market cannot,in any rescind any portion of the taxes until the public
way, influence the value of stocks. He admitted debt was paid.5" That it was not in accordance
that the treasurer could not regulate the price of with his, (Mr. T's,) understanding of the views
all stocks. But the amount of the surplus in the of the party to which he belonged. Mr. J. said
hands of the treasurer, might be disproportioned  he did not mean to question the gentleman's sinto the amount of such stock in the market, as the cerity when he declared that he would go as far
treasurer was in the habit or purchasing.   as any man to preserve and protect the faith of
Although the law did not compel the treasurer the State, when, at the same time, he was in fato purchase Maryland stocks only, it was the vor of a reduction of the taxes and a disturpractice of the treasurer to do so; and as the bance of that system of revenue upon an adheamountof Maryland stocks in the market that rence to which, the good faith and credit of the
were due was limited, a large surplus for their State so much depended. Mr. J. said, he differpurchase would cause an unreasonable elevition ed in political views, generally, with the late
in their price.                             Governor of Maryland, but he was willing to
He was aware that there was no law in this " render unto Casar the things that are Cuesar's,"
State, which confines the treasurer to the pur- in doing which, the distinguished gentleman front
chase of any particular stock; and he was sur- Frederick. could not take it amiss if his gubernaprised that the treasurer should be allowed to torial policy were brought in contrast with that of
deal in any other than our State stocks. Not the late Governor. Mr. J. said he would not
thathe meant any insinuation against the present question the motives of the gentleman, but his
treasurer, for a man more honest never filled the councils and his measures were apppropriate
office. But he was opposed to the principle that subjects for animadversion. V hat was the conthe treasurer of the State shall be permitted to deal dition of the finances of Maryland and her credit
in the stocks of Mississippi, Arkansas, or Can- when the gubernatorial term of the gentleman
ton, orin all of these, without any restriction. fiom Frederick expired? What are they now,
He thought it was the duty of the legislature to upon the expiration of the term of the late Govprescribe how far he might go. He, himself, had error, Philip Francis Thomas?
been informed that the treasurer had expressed  Mr. J. said he would refer to the reports of the
himself,ensible, that this large discretion should Tre.surer and messages of the Governor, for the
never be exercised. Purchases with the silking condition of affairs at the period to which he defund, had always been made in Maryland stocks. sired to call the attention of the House.
only. Assuming, theni, that the treasurer is lim-  In December, 1844, when the gubernatorial
ited, he (Mr. T,) would place himself in a posi- term of the gentleman from Frederick was about
tion to meet the argument of the gentleman from  to expire, after calling the attention of the LegisKent. He would ask, if there is any portion of lature to the financial embarrassnents of the State,
thedebt of the State, which has yet thirty-nine and the deficit in the revenue to meet the deyears to run in the market, on reasonable terms? mands upon the Treasury, he says:
The gentleman from Kint argues that we ought  "These defalcations in the revenue are to be
to apply the surp:us money to pay the State debt. imputed in a great degree to the palpable inJsufWhen? That is the question. According to the ficiency of the whole taxes levied, even if puncstipulationin the bond. Because a man does not tually paid. As long as our tax laws have this
make sacrifices to enable him to pay debts,which, obvious aspect, we may expect a large portion of
according to contract, will not become due for the public dues will be withheld, in the belief
many years, is he to be regarded as one who that the attempt to pay the public debt will at no
ruis counter to all the proprieties of life, and to distant day be abandoned."  Again: "Another
every moral principle? Is the State to be called fatal error was committed in failing to enforce




361
the law against the first delinquents."  In this Governor Pratt, announcing that the credit of
state of things others were encourged to follow  Maryland was redeemed, first caught his view,
the example of the delinquents; "and now, instead he then felt again as an American-as a Maryof three, we have seven counties, within whose lanler-without reproach.  None, save those
boundaries the tax laws are not all enforced." who'have experienced similar emotions, can ap"No one in the defaulting counties, it appears is preciate them. It was the absorbing question of
willing to encounter the odium of becoming the the day  Maryland having taken the lead, the
collector of the tax levied to pay the interest on other States would soon follow. To Governor
our internal improvement debt."             Pratt arid those who co-operated with him, is the
Mr. J. said, these gloomy forebodings perva- creditdue. What now is hercondition? And to
ded the whole message. and he retired from the what state of prosperity, under judicious legisChair of State, leaving to his successors a Trea- lotion, and administration, she may expect to
sury embarrassed; the laws unexecuted; the cred- arrive, may be anticipated from theTreasurer's
it of the State prostrated at home and abroad. report, and the last message of Governor Philip
He concludes his message as follows: "In the re- Francis Thomas, who after reviewing the various
tirement to which I go, I shall hail, with exulta- sources of revenue and the public debt, thus extion, the'evidence of wisdom and patriotism on presses:
on the part of yourselves, and your successorss,  "t will then be seen that $375,00, at least,
which will lift my native State into the rank may be safely apppropriated to the annual paywhich she has a right to occupy among her sis- ment of the main debt, while a balance will alters of the Union."                         ways remain on hand, more than sufficient to
Mr. J. said he would call the attention of the cover any unforeseen contingency. That amount,
House to the other side of the picture. He had together with the increasement of the sinking
successors whose "wisdom and patriotism," and fund, regularly invested, will extinguish the enenergy and zeal, did lift the State into the rank tire public debt, in thirteen years from the first
which she had a right to occupy. These sue- day of Derember, 1851."  This estimate, howcessors were Governor Pratt, and Governor ever, proceeds upon the hypothesis that in the
Philip Francis Thomas, under whose administra- tnean time, no attempt will be successfully made
tion that system of revenue was adopted, which to disturb the existing system of taxation, and
in the langauge of the latter Governor, will "pre- that it will be left in all its integrity, to work out
vent the possibility of a relapse to her former the relief which it is so certain to afford.
cheerless and degrading condition," and which
the distinguished gentleman from Frederick de-  Alow  he sstem to continue untouched for
sires now to disdturb. Hlow  stood matters when at most fifteen years longer, and Maryland will
sires now to disturb. How stood matters when
Governor  rats term, which imediately  resent the anomalous and enviable spectacle of
Governor Pratt's term, which immediately suc-  I
ceeded the one and preceded the other, expired  a commonwealth liberated from debt, supported
without taxation, and possessed of an annual surMr. J. said he would refer to the message of the  t taxaton,and posssed of an annua su
late Governor to the Legislature at December plus revenue of fron three to five hundred thousand dollars."
session, 1847, in which he says: "the conditionld                             ol
of the finances as represented in the annual mes- Mr. J. said he would make no apology for
sage of the Governor, and the report of the Trea- reading thus copiously fronm these messages. The
surer, is a subject of profound congratulation. etracts showed the true financial condition of
While it has been the privilege of my distinguih- the State at the respective periods referred to;
ed predecessor, (Governor Pratt,) by his assidui- and fron the attention of the Houze, he saw that
ty, firmness, and ability to rescue Maryland from  the factsowere interesting to all.
the vortex of insolvency in which he found hei  The getleman from Frederick has protested
engulphed, and to elevate her to that proud po- against the nmessages of Governors, having an
sition before the world, which the character of her eect "Pu" the stock market, as producing an
people entitle her to occupy, it will be my mre unsound state of thins.
humble aim to discharge the fiunctiors of the exe-  M.  considered it the duty of the chief Excutive office with fidelity as to enslure stability in ecutive officer of tlhe State, o present the triue
the revenues, inspire increased confidence in the condition of the finances, and to recommend such
honor and integrity of the State, and to prevent measures as he dceemed best calculated to prothe possibility of a relapse to her former cheer- mote the great interests of the State.
less and degrading condition.'' This is the best  The gentleman from Frederick, had in his
testimony, Mr. J. said, coming as it did from a message expressed his opinions of the embarraspolitical opponent and his immediate successor, sed condition of tlh revenue. They were of a
that could be offered to the "wisdom and patriot-' desponding character-the effect of which was
ism" of Governor Pratt. Mr. J. said there was felt at hlome and abroad, and did produce depresone fact he took this opportunity to refer to. It sion in the State stocks and State credit. His
was his lot during the gloomy administration of two immediate successors presented a different
the gentleman from Frederick, to be on the other state of things. Instet?~of repudiatlon, insolside of the Atlantic. He, like every other Ameri- vency, rebellion a.ainst'thelavs, whiceJ were
can in Europe, deeply and sensibly felt the taunts then anticipated, they left her redeemred fromi
and denunciations which were unceasingly cast the stain which had rested upon her, rescued
upon the credit and honor of the States.   firom the "votex of insolvency in which they
He felt for all, but most for his native State, found her engulphe-." Was not this an approMaryland; and when the cheering message of priate topic for an Executive message? Is it not
46




362
cheering"to every citizen of Maryland, after be- him in the opinions therein expressed. The mesing so heavy pressed down by taxation, to learn sage was published after the system of taxation
from the proper source, that there is a prospect, had been sanctioned by the Legislature. It was
and at no disiant day, of being entirely relieved not to be presumed, that he would when surfrom those burdens,and with a sufficient revenue, rounded, as chief magistrate, by hosts of friends,
without taxation, to meet all future proper de- shrink from  advocating a policy which the
mands upon the treasury?                   Governor of the State had repeatedly urged, and
P? The gentleman from Frederick, (Mr. Thomas) the people had sanctioned. When it was very
as also the distinguished gentleman from Cecil, certain that he, in his retired office in Washing(Mr. McLane,) doubt the realization of the ex- ton, had boldly set his face against the financial
tinguishment of the State dtbt within the period policy that avoided all resorts to taxation in any
anticipated, and have expressed their distrust event.
in the estimate of receipts from the sources from  Beirlg up, Mr. T. said he would briefly reply
which it is to be effected.                to the closing remarks of the gentleman from
If the message of a Governor, in relation to Kent. That gentleman had appealed to the rethe finances of the State, is calculated to pro- presentatives of the agricultural interesss, to
duce an inflated tendency in the stock market, rally against the proposed power in tie Legislahow much depression may be produced by the ture to reduce, if it becomes necessary, our
expression of the desponding remarks of those State taxes. He knew the influence of that gentwo distinguished gentlemen who have filled so tleman over the judgments of many members on
many high and honorable stations?          this floor. But he did not anticipate that this apBut, Milr. J., said, he did not apprehend any peal could have much effect on any portion of
injury to the credit of the State, as long as the this Convention. The gentleman knows-this
present system of revenue was adhered to, and Convention know-that the legislative power of
the treasurer's reports continued to present such the State is in the hands of those who are chosen
favorable results.                         by the agriculturalists. The commercial interMr. THOMAS said that those who did not know  ests of Baltimore, have but five members of a
him intimately, might have supposed that the House of Delegates composed of eighty-two
gentleman from Charles, (Mr. Jenifer,) was members. The same interest has but one memabout to present something from the message of be in the Senate; and yet the gentleman would
which he had read a part variant materially from  have us to withhold from the Legislature, the
opinions, Mr. T. had expressed here to-day. powe to reduce taxes in a certain contingency,
But of that he had felt no apprehensions not- under 1i.eapprehension that in making such rewithstanding the trouble the gentleman had taken ductio -, the interests of Baltimore would alone
to look over these old documents.          be cons ted.
There was nothing in that message inconsis-  Mr. PRowN said, he had no fear that any gentent, in any degree, with what he had now said. tleman would attribute to him a disposition not
To construe rightly the paragraph that had been to pay the State debt and interest. It was suffiread, it w!;uld be proper to read also other partsof cient for him to say, that his name would be
that document,and parts of the two messages from  found recorded in favor of every proposition, for
the same department of our State government, a tax, the object of which was to maintain the
for the years 1842 and 1843. Those messages faith of the State. But the amendment of the
all contained paragraphs earnestly urging the gentleman from Worcester, [Mr. Jacobs ] would
Legislature, to provide the means to maintain the prevent the Legislature from taking off any of
faith of the State. And the paragraph read by the —axes, until the debt and interest were both
the gentleman, rightly construed, gave one of paid.
the strongest reasons that could be addressed to  Mr. JACOBs interposed and explained that such
those who were anxious to maintain unsullied was not the effect of his proposition, as he had
the public faith. The paragraph the gentlema. excepted the modification of the gentleman from
had read, was equivalent to the declaration that Anne Arundel, (Mr. Dorsey.)
if energetic measures for that object, were not  Mr. BROWN was not aware, he said, that the
promptly adopted, there might be reason to ap- geltleman had accepted the modification.
prehend that the public mind would receive the  When the question of the State debt and finanimpression, that the Legislature had not the ces had sprung up, he (Mi. B.,) had gone to the
courage to do its duty. And in that event the State Treasurer, for information, upon two points
desire to repudiate might become too strong to -first, as to the times when the debt of the State
be controled. This was the obvious meaning of would fall due —arid secondly, at what price he
that part of the message, which had been read to had purchased the last bonds, from the moneys
the House, when taken in connection with other in the sinking fund. He (Mr. B.,) found that
parts of the same paper, and with the two pre- the price at which the purchase had been made,
ceding mesiages.                           was one hundred and two and half.
He was surprised to find thatthe gentleman had  Mr. B. then proceeded to argue that the inevisearched for t is message to see whether there table result of the accumulation of a large sinkwas any thing in it incompatible with the opinions ing fund, would be to enhance the price of the
expressed to Gov. Grason, in the letter lhat had bonds, and that the result of prohibiting the Leheen alluded to. The letter was written when gislature from reduciig taxes, would be to tax
he, (Mr. T.,) could not foresee that any portion the people of Maryland for the benefit of the
of the people of Maryland, would concur with bond holders. The greater the surplus and the




363
more money there was in the sinking fund with States. As for the re-issue of State bonds, after
which to purchase the bonds of the State, the their purchase for the State, that was forbidden
higher would be their market value.       by law; all such bonds were registered, and then
It seemed to him that the better course would cancelled.
be to leave the matter to the legislature. He  In regard to relief from taxation by a gradual
was willing to apply the sinking fund to the pur- reduction, which the gentleman from Frederick,
chase of our bonds at something like par value, (Mr. Thomas,) advocated with such zeal; in
as fast as the fund was competent to that pur- preference to applying surplusses to the redemppose. But he had no idea of anticipating the tion of the principal of the debt, until the whole
payment of our debt, so as to run up its value to was extinguished, Mr. D. declared himself utfifteen or twenty per cent. above par. Legisla- terly opposed to such a course. He thought it
tion of this character was neither wise nor just. unwise and dangerous.
He was in favor of leaving the Legislature un-  If one tax law was repealed, another might be.
fettered-to reduce the taxes when, in their dis- Contests would arise between different interests,
cretion, they should think that the reduction and if the work were once commenced no one
could safely be made.                     could say where it would end. If one brick was
Mr. DONALDSON said:                     taken out another would follow, and then anoThe gentleman from Carroll, (Mr. Brown,) ther, until the whole structure would tumble
had given us some facts, he, [Mr. D.,] would about our heads and perhaps overwhelm the
give a few more facts, and he thought that all credit of the State in its ruins. Whatever are
taken together would wear an aspect different the imperfections of the present system, the peofrom that given by the partial statement of that ple have become content under it, and it would
gentleman. It was certainly true, that six per be hazardous to agitate the question of repealing
cent. Maryland stocks were now purchased at any part of it. The people now most cheerfully
two and a half per cent. premium, for the in- pay the taxes, which provide the interest of the
crease of the sinking fund. But the gentleman debt, and large surplusses for the redemption of
must remember, that for a considerable portion the principal. They now pay them with ease.
of our debt the State realized at the time of is- In this State of things, we should relieve oursuing the loans a large premium, ranging even selves of as much of the debt as possible; for we
as high as twenty per cent; nor must he forget, cannot be certain that such great prosperity will
that for a long period, when our stocks were remain uninterrupted, and a time miht possibly
very much depreciated in the market, we bought orcur when the payment would be found more
for the sinking fund greatly below par. Thus difficult. The plan of the gentleman from Fredthe sinking fund has so far gained largely in the erick, of constantly reducing taxation so as to
whole transaction, and has extinguished a con- prevent surplusses, would, of course, have the
siderable partof the public debt on most advan. effect of indefinitely prolonging the existence of
tageous terms. It is not probable, that we shall our debt, and of taxes for the payment of its inever lose a greater amount by the payment of terest. It seemed to him, ( Vlr. O.,) that it was
premiums for our own stock, than we have gain- of much greater advantage to the property holded by receiving premiums, and purchasing again ers themselves, to continue the taxes at their
at a discount, for the sinking fund. We have no present amount, so that they may be entirely reriglt to complain of having to pay the premium  lieved of all taxation in the course of ten or a
we now do.                                 dozen years, than to reduce the rate of taxation
The best investment, he said, was in our own by a few cents at a time, from year to year, and
debt; and all surplusses ought to be applied, as so greatly prolong the date of final exemption.
they now are by law, to the purchase and extin- He believed that the former policy, if considerguishment of that debt. The apprehensions in- ed as fixed, would add to the present value of all
dulged in, of an unlimited rise in our stocks, to the property in Maryland. The sooner the whole
be produced by our purchasing for extinguish- of this debt is discharged, the better for us all.
ment, were unreasonable. The Maryland stocks When it is discharged, a very great impulse will
were not, and would not be, the only public se- be given to our prosperity, and men of capital
curities in the market  The stocks of the United will not be deterred from coming amongst us,
States, of New York, Massachusetts, Ohio and or embarking their means in our enterprises.
some other States, would furnish as safe invest- Such a course, then, is demanded by our own inments as our own, and would prevent our own terests. In this connection, he said that the merom rising much, if any thing, above their real thod of stating the amount of our public debt
value.                                    ought to be changed, so as to exhibit to the peoThe gentleman from Carroll seemed to think, pie, how much it had been reduced in every
that we should one day have to throw the whole year. At present, the same amount of debt was
amount of stocks in the sinking fund at once into stated every year, and although the amount of
he market, in order to pay off the public debt. the sinking fund is also stated, the result is not,
Mr. BROWN explained, that he only meant to in general, correctly understood.  Only the
say, that an amount of money was to be invested amount of principal which has not been extinannually for,hat fund.                   guished by the sinking fund should be stated as
Mr. DONALDSON continued. He was gld that the ex;sting 4ebt, and the sinking fund should be
he had misunderstood the gentleman.  But the classed as so much extinguished debt. It would
sum annually invested would make butrta small then be evident to all, how rapidly we are, from
impression on the stock market of the United year to year, paying off the principal of the debt,




364
and the people would fully realise the prospect of of Prince George's, deserved, periaps, more
discharging the whole by a not very distant date, praise than any other man; for by his indepenand would therefore pay their taxes with even dence an, energy, in the face of opposition and
greater cheerfulness than before.           clamor, the law imposing the direct tax was
It was intimated that very extravagant esti- carried through the Legislature. That was the
mates had been made of future receipts from the most difficult task of all. Then Governor Pratt
internal improvements. He himself had certain- and Chancellor Johnson, the first by his recomly indulged in no wild speculations on the sub- mendations and influence, and the latter by his
ject. He had stated no particular sum as his indefatigable exertions as chairman of the ways
own estimate. The gentleman from Cecil, (Mr. and means in the House of Delegates, secured
McLane,) had spoken of S500,000 annually. In the passage of supplementary tax laws, by which
their present unfinished condition they yielded to our Treasury was brought into a condition to
the State 200,000, and were constantly increas- meet the just demands of our creditors. When
ing in productiveness; and when the debt was he, (Mr. D.,) came to the Legislature, it fell to
paid off, there certainly would be large receipts his lot to occupy a position, which rendered it
from this source, to be disposed of in some man- necessary for him to become acquainted with the
ner or other. He would take occasion to state, condition of our finances. Findingthat the meathat he had not made any calculation on receipts sures previously adopted had fully accomplished
from the Chesapeake and Ohio Canal. On that their object, it was his duty to announce the fact,
point he agreed entirely waith the gentleman from  and to demonstrate to others, as well as he could,
Frederick, (Mr. Thomas). To nore than seven that the State might safely resume the payment
millions of our money, and all the interest there- of interest as her debt. That was all he had
on, that work was,                          done. Any honest man, in his position, would
A gulf profound as that erbonian, bog,  have done the same thing. It had not been neBetwixt Danliata, and Mount Casius old,  cessary for him to propose new burdens on the
Where armies whole have sunk; —         people; the odium of that had been encountered
by those who preceded him; and he had only
He feared the entire amount was irrecoverably endeavored to make the previous laws nmore effigone.                                       cient in their operation. His name had been
Mr. D. then said, that some remarks of the connected with the final act, which was the congentleman from Frederick, (Mr. Thomas,) made summation to which the labors of others had
it proper that he should speak of a matter some- brought us, and thus a credit had been conferred
what personal to himself. He would not have, upon him, which he knew that he never deservrisen for the purpose, but being on the floor, he ed. All he could claim was, to have felt and to
thought it well not to let the occasion pass. That feel for the honor and good faith of the State as
gentleman had used the expression, that he was if they were his own-and such must be the feelnot present when the honors were shared in re- ing of every true son of Maryland.
lation to restoring the credit of the State. V hen  Mr. PRESSTMAN rose, he said, not to particithe gentleman from Dorchester, (Mr. Phelps,) in pate at any length in the discussion, but to inthe course of argument the other day, had spoken quire of his friend from Anne Arundel. (Mr.
of him, (Mr. D.,) as having done more to restore Donaldson,) if he could state what amount was
the credit of the State than any other person ex- paid into the Treasury, arising from the auxilicept Governor Pratt, he, (Mr. D.,) thought, that ary tax laws, as they are familiarly termed. and
to make any public disclaimer of his title to such of the whole sum, what proportion was paid by
an honor, would in itself be assuming too much the city of Baltimore? His object in propoundimportance to himself. In private, he had told ing the question was this, that it might have its
that gentleman, how much he had exaggerat d due weight in the distribution of honors which
the merit of any act ol his, (Mr. D.'s,) and what had been spoken of in connection with the maininjustice he had unintentionally done to others. tenance of the State's credit. He thought it
Afterward, when the gentleman from Queen would appear from the Treasurer's report, that
Anne's, (Mr.Spencer,) claimed that his colleague, nearly two-thirds of the revenue arising from the
(Governor Grason,) had taken the first and bold- acts of 1844, which had been suggested by Govest step, by advising the imposition of the direct ernor Pratt, was collected in that city. He did
tax, he (ir. D.,) had interposed to say, that he, not mean in the smallest degree to take from
(Mr. D.,) had not pretended to claim for himself the deservedly energetic and talented executive
any credit whatever. He had never estimated to whom he had referred his just share of the
what he himself had done at any considerable piblic esteem to which he was entitled, for the
value. All the most important part of the work part he bore in that crisis of the State's history.
had been accomplished by others, before he came But this much he was bound to say, that there
upon the field of action. Tie gentleman from  were other public men in the councils of the
Frederick had informed us of his own claims, of State, sustained by patriotic constituencies to
which he, (Mr. D.,) had not before been aware. whom the meed of praise is also due, and first
In regard to others, public records showed us among the foremost in his estimation, was the
who had been most prominent in the cause of lamented Robert W. Bowie, of Prince George's,
State faith. Governor Grason, in"his message, the distinguished chairman of the committee of
had first publicly recommended the direct tax; it ways and means, who in 1841, brought forward
was a bold and noble act, when the cireumstan- thedirecttax system of the State. No man need
ces are considered. The late Robert W. Bowie, desire a higher eulogy than the annals of the State




36 5
furnishes of his zeal, energy, patriotism and abili- the honor, in part, to represent, when the necessity. He had had the honor of being himself an ty which prompted their adoption might no longhumble member of that committee, and he could er require their continuance. The city of Baltispeak advisedly of the patient toil which that dis- more was engaged in a severe struggle of comtinguished gentleman underwent both in the com- mercial rivalry with the northern Cities, and she
mittee and in the House. He could not see the should be as much unfettered in the race of comjustice with which either the executives of the petition as could possibly be allowed.
State or the Legislatures prior to 1844, were to  Mr. SPF,NCER said-whether the State of Marybe held as having failed in view of all the circum- land had sustained a profit or loss by the sale of
stances to disc/harge their duty upon the sub ject her stocks? what is the present condition of the
of State credit, because in their repeated efforts treasury? what stocks the treasurer may now purthey had not matured a system which time alone chase? what are the causes of the fluctuation in
could adequately suggest. It required much the stock marl et? or who are the parties to be
more sterness of purpose in his opinion, to meet benefitted by stock operations?-were not questhe responsibilities involved in the system of di- tions before the Convention. He desired to ask
recttaxation as adopted in 1841, and amended in the attention of the House only for a few mo1842, by which twenty-five cents on every $100 ments, while he assigned the reasons which would
worth of real and personal property was levied influence his vote. He had before said, that he
throughout the whole State, than to add thereto should look with extreme jealousy to any action of
auxiliary taxation which bore mainly upon a this body which interfered with the finances of
single portion of the State, and that section most the State. He deeply regretted that the subject
unequally represented in the General Assembly had ever been introduced here. He was sorry
of the State. Besides all this, the Convention that the present proposition had been brought forwill remember thai prior to the year 1844, the ward. He should vote against it. We had met
doctrine was almost universally held in Mary- here to form a Constitution; and it was never an —
land, that under the thirteenth article of the bill ticipated thatwewould interfere with the financial
of rights, the legislature was forbidden to lay any operations of the State. Such an idea had never
tax for the support of government, except it was entered into the mind of any man. The financial
general in its operation, and bore alike upon arrangements of the State properly belong to the
every description of property. He hazarded no- Legislature, who come Iresh from the people,
thing in saying that in thle year the direct tax sys- and are tobe regulated by circumstances of which
tem was adopted. such was the view of the mem- we have no fore-knowledge. Adopt the principle
bers of the General Assembly, as is abundantly of interference with the system of finance here
shown by the basis established in that act. No and you cut off all the power of the Legislature
man had the courage at that time to "' cut the over the subject forever, let what exigency may
gordian knot" of constitutional restriction sup- call for their action. They would not be able
posed to exist, and which was subsequently boldly to make a new assessment for the valuation of
done by Governor Pratt; and he might perhaps property. The financial system embraces the
in view of the exigency in which the State's faith existing assessment and taxation. They stand
was involved, be disposed to forget these nice dis- together and form one system.
tinctions, and rejoice that he had " assumed the  They depend upon each other, and it will not
responsibility" at that time. But, sir, it ought do to say, if you put this inhibition in the Consticot to be forgotten that in the gloomy darkness tution, that the Legislature could provide for a
which overshadowed ttte financial affairs of the new assessment.  If they could do so, they
State, no backward step was taken from the would have jurisdiction over the whole subject,
policy first adopted in 1841; and there was one arid hence, could direct such mode of assessment,
other gentleman to whose course he might refer embracing valuation and other matters, as they
with pride and pleasure, to whom something of thought best to adopt. And who will say,that if,
these large honors was due, who as chairman of in a new assessment, a depreciated valuation were
the committee of ways and means of the House adopted, it would not affect the amount of the
of Delegates, in 1842, suggested a considerable revenue as much, as if the rate of tlax were diincrease of the direct tax of 1841 —he alluded to minished. And this would defeat the object of
the honorable R B. Carmichael, of Queen Anne's. the provision. He was opposed entirely to all
In that proposition he was supported by the en- action on the part of this Convention which looked
tire delegation of the city of Baltimore. It fail- to closing the doors of legislation on this subject.
ed except so far as an increase of five cents, He was bnwilling to admit, that the system was
which was the maximum to which the direct tax so perfect that future legislation may not take
has ever reached. A single word would explain place, wisely and justly, on the subjit. There
his opposition to the proposition now before the was now, one very important item. of wealth
Convention. While he yielded to no man in his which escaped taxation, unless it had been reachdetermination to sustain untarnished the State's ed by recent legislation, of which he had never
credit, and would not for a single moment desire heard. He meant rent charges. He, with Hon.
to see repealed a single revenue act which was J. A. Pearce, had raised the question, and it had
necessary to its support, he was unwilling to bind been decided by the Court of Appeals that they
up the Legislature of the State to the extent of were not embraced in our tax laws. Inhibit all
forbidding any change of a system which in some legislation on the subject,*and wealth will very
of its parts bore most unjustly, as he thought, soon find conveniences foit inVestments not now
upon- the' commercial metropolis, which he'had covered by the laws.' But for' other reasons,




366
equally strong, he was wholly opposed to the pro- trary, it had not the nerve. He had desired to
position. He knew many respectable men —nen sustain the course indicated by the Governor, but
of the purest virtue and highest intelligence, the legislature would not sustain him, (Mr. S.)
who are utterly opposed to the accumulation of  Mr. DONALDSON said, he had no intention of
a large surplus in the treasury. Because it will detracting from the merit of Mr. Carmichael, or
tend to legislative corruption and induce an ap- any body else, nor had he pretended to enumerplication of the surplus means to other purposes ate all those who had assisted in retrieving the
than the extinguishment of the State debt, which credit af the State. But the gentleman from
is beyond the reach of the State for many years, Queen Anne's, (Mr. Spencer,) was mistaken in
and not redeemable at the pleasure of the State. assigning to Mr. Carmichael the honor of estabThere are other equally virtuous and intelligent lishing our system of direct taxation. The law
citizens who hold that it is the duty of the pre- establishing that system, was carried through the
sent generation to provide an ample fund to meet Leislature at March session, 1841, by the late
the interest on the State debt, but as all the bene- Robert W. Bowie, and what the Legislature did
fit of the public works is to be felt in the future, the next session, when Mr. Carmichael, was
that future should provide for the payment of the chairman of ways anl means, was to add  eve
debt from the profits of the work.          cents of tax on the hundred dollars to the twenty
It was not necessary for him at this time to cents provided by the first law.
indicate his opinion.  Whenever the proper time  Mr. SPENCER interposed to say that he did not
should arrive for the explanation, he would be mean to be understood as claiming for Mr. Carprepared to make it, but it was not in place now  michael the credit of establishing the system,
and here. We are here to make a Constitution. but as adding to the amount of taxes so as to
We have nothing to do with a tax system. He'make it more efficient. Mr. C. had himself prowould now say, that if you adopt so many unex- posed to raise the rate even higher than twentypected articles, you may prevent the adoption of five cents.
the Constitution by the people. If such a princi-  Mr. DONALDSON said, that Mr. Carmichael cerple as is now offered, be admitted, it would go as tainly deserved credit for a course so manly, and
far towards the defeat of the Constitution, as any he awarded it to him cheerfully.
proposition can.                              Mr. CHAMBERS. The gentleman from    Anne
Many held the doctrine that we ought not to Arundel, was called upon by the gentleman from
impose any tax beyond what necessity requires. Baltimore, [Mr. Presstman,] to answer a quesThere are many who calculate that if the esti- tion. Is it his intention to answer it? for, if so,
mate of the treasurer be correct, there will be in I have another question to ask him.
the year 1852, a great surplus, and if we leave  Mr. DONALDSON. The gentleman from Baltithat surplus to accumulate, year after year, it more rose immediately on my taking my seat, for
will open the way for gross frauds and corrup- the purpose, as he said, of asking me a question.
tions. He implored the Convention, therefore, After asking it, he made a speech himself, and,
not to suffer itself to be drawn away from the in conclusion, again put the question to me, and,
path of duty, by the interposition of extraneous called for a reply. As bound, in courtesy, I was
subjects. Let us put as strong a guard against about to answer, but was anticipated by the geninvolving the State in debt, oragainst new works tieman from Queen Anne's, who got the floor.
of internal improvement. We may go the ut-    Mr. CHAMBERS. The question I ask is, what
most length, in reference to those subjects, and is the ratio between the value of the works of inrest assured that it will be sustained by the voice ternal improvement, to the city of Baltimore,
of the people. But he would again implore it not and her expenditures therefor, as compared to
to meddle with the tax system. He was in favor the ratio between the value of the same works
of the payment of the public debt, but he was to Kent county, and the taxes paid by that counopposed to meddling with the tax system.    ty?
And in conclusion he would say, that he     Mr. DONALDSON. In' answer to the gentleman
thought whilst the gentleman from Anne Arun- from Baltimore, he would say, that though the
del, (Mr. Donaldson,) was enumerating the taxes are uniform, the greater portion of revenue
gentlemen, who were entitled to such high honor is of course derived from that part of the State
for the part they had born, in sustaining the where the most wealth is concentrated, and
State's credit, he might, with some propriety, where the largest business is transacted. The
have referred to Col. Carmichael, of Queen rich man pays a larger amount of taxes than the
Anne's. Mr. Bowie, it is true, reported the poor man, yet the tax is uniform, and each pays
first tax law, but it was wholly inadequate. in proportion to his substance. This compariCol. CarmMihael succeeded him, as chairman of son applies to Baltimore and the other parts of
the committee of ways and means, at its next the State. In reply to the gentleman from Kent,
session. He recommended an increase in the he had only to say, that every member of this
rate of tax, even a much larger rate than was Convention must be sufficiently conversant with
carried by the legislature, and under that rate it the history of our internal improvement system,
is, that our treasury has proved so flourishing,  and its operation, to answer the question for him-.
He begged further to say, that he had never self.
intended to intimate to the gentleman from Kent,  Mr. MERBICK made some remarks, which will
(Mr. Chambers,) that the legislature had the be published hereafter.
nerve at the session of eighteen hundred and thir-  Mr. BROWN said the real question before the
ty-aine, to provide for a direct tax. On the con- Convention was, will you, by putting this feature




367
in the Constitution, let this revenue go into the with the Legislature, which frequently meeting
sinking fund, or you will leave it in the hands of and coming fresh from the people, would always
the Legislature, to invest as they may think best? be ready to carry out such a system of finance as
If a provision on the subject is inserted in the the exigencies of the treasury, fluctuating from
Constitution, the question will be settled for time to time, by circumstances, might require.
many years to come, and ygu will, by an unal- Certainly, the honor of the State had heretofore
terable provision, fix a high grade of taxation on been amply vindicated by that body, and might
the State. And you will do that rather than be safely trusted in the hands ofthe people. Was
leave it to the people, acting through their legis- there any necessity to graft a provision on the
lature, the discretion to act as circumstances Constitution to stimulate the honesty or to awaken
may render necessary. He had said, a few days the honor of the people of Maryland, touching
ago, that there was a strong disposition in this the public'debt? Why. he would ask, had it bebody, to tie up the hands of the Legislature. He come necessary to bind the people to a system of
was in favor of the payment of the debt; but he finance, never to be modified, no matter what
would not vote for preventing the Legislature circumstances might arise, for a period of ten,
Irom relieving the people from these burdens.  perhaps of fifteen years, when no man could forMr. RIDGELY said that the course which the see defects in the system itself, or casualities
debate had taken, rendered it necessary that he which might intervene, and which were insepashould say a word in explanation of the vote he rable from all human schemes, however well dewas about to giveagainstthe pending amendment. vised.
Gentleman who advocated the proposition, claim  He could see no practical good likely to grow
to be the especial friends and guardians of the out of such a proposition; he was willing to
credit of the State, and urge the adoption of the trust the poeple through the legislature, with the
article suggested by the gentleman from Worces- public faith. Nobly, honorably, criumphantly had
ter, as a necessary restraint upon the Legislature, they stood up to this just responsibility without
to prevent the possible interruption of the pro- any constitutional obligations heretofore existing;
cess now going on, of accumulating the sinking and although pressed heavily by tax laws, had
fund for the ultimate discharge of the public debt. cheerfully,-protrptly and with alacrity in every
It is insisted, that the present finance system  quarter of the State, come up to their whole duty.
ought to be maintained unchanged by constitu- Sthall they now be distrusted, when the dark
tional obligation, less, per chance, the Legisla- hour of their trial is passed, and the end is as
tuoe may relax the tax laws, and thus, if not jeo- clear to their vision as the brightness of the nooa
pard the prompt payment of accruing interest, at day? Is it now necessary to place a provision in
least postpone to a late period the ultimate dis- the Constitution to quicken the sense of honor
charge of the public debt. The effect of the ar- and honesty of the people of Maryland? No, sir.
gument in favor of this proposition, is to place There is a higher, a holier impulse, than the
those who opposed it in a false position; inas- mandate of a written Constitution, which has
much, as occupying an attitude adverse to the heretofore, and will continue to animate the peotheory contended for, they are seemingly obnox- pie to maintain the financial policy of the State,
ious to the imputation of apathy concerning the now in successful progress, until the last dollar of
faith of the State, if not to a still greater reproach. the public debt is discharged, principal and inHe could not, therefore, impelled as he was, to terest. That, sir, is the law ofmoial duty, of pubvote against the amendment, by a sense of its lie virtue. There is nothing more uncertain, or
general impropriety, as a provision of the Consti- precarious, than systems of fiance.
tution, consent to cast a vote unexplained, which  Who could say, that the works of internal immight, in the slightest degree, qualify his fealty  provements of the State, all now in active and
to the honor and credit of the State. He yielded successful operation, would not return large reto no gentleman in the Convention in honest and sources into the treasury, to be applied in aid of
earnest zeal for the maintenance of the State's the sinking fund. It had been conceded in this,
faith to the public creditor, nor did he believe debate, that these works were already largely inthat a sane man could be found in Maryland, creasing the revenues, and if the anticipations of
who would, even remotely, put that faith in peril some gentlemen were only in a remote degree
by the modification of the finance system under realized in this respect, could there be a rational
existing circumstances. Such, he was sure, was doubt, under such circumstances, about the prothe common sentinment of the people of N aryland  priety of relaxing the existing tax laws?  e could
who had ever manifested on this subject a sensi- not think so. He did not, however, wish to be
bility and concernment which had rather guided considered as indulging any very sanguine exthan followed the legislation of the State. There pectations as to the revenues to arise from these
was no danger that such a people would consent sources; yet ihe firmly believed, that from this
to relax any of the revenue laws until there was. time forward, they would yield largely to the
evidently no longer a necessity for their continu- treasury.
ance; yet he hoped, that if a state of circumstan-  On yesterday the House had passed a Constices should arise, when these laws might be modi- tutional provision, which, in his judgment, had
fled without prejudice to the public creditor, lone much to appreciate the credit o(f the State.
that the Legislature might nit be prevented by a It had, by a very decided vote, declared that all
cotstitutiorml prohibition from relieving the peo- connexion between the State and new projects
pie from unnecessary burthens. He hoped the of internal Improvement, was forever forbiddensubject would be left, were it properly belongeda that no public debt of any kind should hereafter




368
be created, except by a vote of two-thirds of all next legislature pronounced to be without any
the members elected to both branches of the leg- basis whatever. The. amount of this currency
islature; a result, which, looking to the probable thus issued, run up from  t500,000 to.9700,000.
structure of the House of Delegates, it was al- The committee stated that they declined to say
most impossible to procure. That measure, he re- any thing about the propriety of issuing this
garded as the most important and salutary of the amount of scrip immediately after the refusal of
session, as it was calculated to inspire the public the legislature to appropriate the amount which
creditor, with increased confidence in the securi- the gentleman asked for to complete the canal..ty of his bonds  To-d y a proposition wasintro-  [lere Mr. D. read an extract from the reduced, now under consi eration, which seemed port.]
to distrust the stability of the finance system of  r
the State, in as much as it contemplated a con-  He, [Mr D., s       here to defend the
stitutional obligation, to impel the performances  peake and Ohio Canal company  He had
personally but little interest in it. But it had
of a duty, whichthe people had promptly met, by personal ile  int erest  in it. But   it had
meprelpisativeenactments.        been assailed,and justice ought to be done it;
mere legislative enactments.
This proposition, he was sure, told be voted and considering the large investment the State
d, otat thre was a  disposition to relax had made in that great work, he thought it would
down, not that there was any disposition to relax  be much more noble and patriotic for gentlemen,
any of the existing laws, but because a majority instead of pre-judgng its results, now that it was
of this House believe it not only to be an act of
supererogation, so far as regtarded the certainty of just completed,at least to give it a trial. These asthe continuance of such laws, whilst the neces-saults and predictions could now do no good; there:sity existed for them, but also because the sub- ly effct was to injure the credit of a geat
ject itself was in its very nature unfit to be made State work. He could not see the propriety of
a part of tne organic law; a subject, modifica- speaking of it in this tone.
liin in which, would obviously be necessary from  Mr. D. would now say a word to the gentlettime to time, as circumstances might require. man from  Baltimore, [Mr. Prestman.] The
The Constitution now to be made, it was to be gentleman had asked with a point and tone,which
hoped, would endure long after the public debt showed that he designed the question for effect,
was discharged, and until perhaps it was for- whether Baltimore had not contributed two-thirds
gotten.                                     of the whole revenues of the State? He would,
The future was full of justifiable hope, for a by way of reply, ask that gentleman, what part
reduction of taxes, and it would, therefore, be Baltimore had had in bringing about the necessity.unwise to establish, by constitutional law, a per- for this taxation?
manent system of finance, to thus fetter the hands  Mr. PRESSTMAN replied, that Baltimore had,of the legislature, in total disregard of the prob- at that time only two representatives in the
able ability of the State to meet all her obliga- House of Delegates, and he thought it not likely
tions, as she had heretofore done, by proper they could corrupt the whole legislature.
legislation; he had deemed it to be his duty to  Mr. DAIS. Yes, but two delegates, Messrs.:state the reasons, which influenced his vote, that Cushing and Jones-and without intending any
he might not be subject to the imputation of a disparagement to other gentlemen, they were
want of zeal for the preservation of the honor of quite as good representatives as Baltimore has
the State.                                  had since that time. But Baltimore, it seems,
Mr. DAVIS had no wish to enter into the merits was not satisfied with whatthese gentlemen could
of the question under consideration; but in this do; she called town meetings.
"'rendering unto Caesar the things that are Casar's,' he thought it the duty of even the hum-  Mr. PRESSMaIAN begged leave to explain. He
blest member upon this floor, to give any facts in had never intended to go into the subject of inblest member upon this floor, to give any facts in Lnimprov s.
his possession, and which had not been advert- ternal improvements.
ed to.                                        Mr. DAVIS resumed. Why is the gentleman
He was inclined to this, because his friend from  so restless? Cannot he stand the probe? Will be
Anne Arundel, in echoing the sentiment of the not sufler the truth to be told? He, [Mr. D.,]
gentleman from Frederick, [MVr. Thomas.] had proposed to read a scrap of history. He would
described, the Chesapeake and Ohio canal,as the call the attention of the gentleman from Baltigreat Serbonian bog, in which so large a portion  iore, to a letter signed Jesse Hlunt, mayor of
of the resources of the State had been sunk.  Baltimore, recommending a town meeting to send
It will be recollected that Mr. THoMAs, who a committee to Annapolis, lest the act granting a
had that morning claimed so much credit for hav- loan of' 2,000,000 to the Chesapeake and Ohio
ing been the first to suggest the means of extri- canal,should fail. And this committee —this nucating the State from  her financial difficulties, merousdelegation —[Mr. CHAMBERS,(in his seat.)
was, inthe years'39-'40 —the President of the' Representation according to population ]-were
canal company —that having exhausted the means sent here to represent to the Legislature, that the
hitherto provided for the completion of the canal, interest of Baltimore and the State, required the
he applied at the session of''40, for further aid passage of the loan bill.
from the State, to that work-that the legisla-  Mr. PRESSTIMAN rose to explain, stating that
ture refused this application-that after the ad- not a siugle word had been said by him in relajournment of the legislature, he, as President ( f lion to internal improvements.
t'ae company, had issued a large amount of scrip  He knew perfectly well why this discussion
which the committee of ways and means of ti.e was kept up, and every one knew, whoever in



369
stigated the gentleman from Montgomery, that  Mr. HARBINE demanded the previous question.
it was intended for the benefit of the counties.  Mr. DORSEY took the floor, and requested the
But, he denied that he ever introduced this mat- gentleman from Washington county, (Mr. Harter of'inetrnal improvements. He was not re- bine,) to withdraw the demand, to enable him,
sponsible for it.                          (Mr. D.,) to say a few words.
Mr. CHAMBERS interposed a remark, that al-  Mr. CHAMBERS, of Kent, made a similar sugthough the gentleman from  Baltimore had not gestion or enquiry.
addressed him, he gave him an expressive glance  Mr. HARBINE refused to withdraw, remarking,
which could not be misunderstood. His friend that if he did so, the debate would be interminafiom Montgomery needed no prompting from   ble.
him. He has mentioned facts which he did not  Mr. MERInCI now sent to the Clerk's table the
know before. The gentleman from Baltimore amendment which he had indicated his intention
was alone responsible for this debate. The gen- to offer,
tleman from Baltimore rises and tells us, that  And which was as follows:
Baltimore has borne two thirds of the whole tax-  Strike out, in the second line, the word " inviation of the State, and this led to the discussion olate," and insert' inviolable," and after the
concerning which he appears so sensitive.  word "sufficient," in the fourth line, insert,' by
Mr. PRESSTMAN wished it to appear that when its regular accumulations," and after the words
he referred to the auxiliary taxation, no one had " payment thereof," insert "by the time it berisen to contradict him. Whatever collateral in- comes redeemable."
ferences might be deduced from his remarks, no  Mr. DORSEY enquired of the Chair, whether
one could say that he had introduced the subject the demand for the previous question had been
of internal improvements. He would ask whe- sustained? because, if it had rot, he desired to
ther Col. Merrick, of Charles, had not introdu- state some facts which he knew were not in the
ced and carried through the legislature, the in- possession of the Convention.
ternal improvement act?                       The PRESIDENT stated that the previous quesMr. DAVIs resumed. The question propound- tion had not been sustained. The question would
ed by the gentleman from Baltimore is one of be put so soon as the state of the question before
those skilful manceuvres, which he so well un- the Convention had been ascertained.
derstands, and which is intended to divert him,  The question,'is there a second to the demand
[Mr. D.J, from his purpose.              s for the previous question," was then taken, and
[Mr. D., from his purpose       the vote stood, ay s 32 —noes 34.
The gentleman from Charles is fully able take  So there was not a second.
care of himself. He should not interfere be-  Mr. DORSEY said he should not have said a
tween him and the gentleman from Baltimore.
tween him and the gentleman from   Baltimore. single word on this subject if he had not thought
But he would havee the gentleman fromn Balti- it incumbent on him to define his position, and to
more to understand that he, and he alone, was warn the Convention against the dangerous sugresponsible for his course in this Convention,  ns f the gentlemen from Carroll and Fredand what lie said in debate, and he held himself gestions of the gentlemen from Carroll and Fredan what he said in debate, and he hel hise rick counties, that the next session of the Legisresponsible for it. The gentleman insinuated  ure was the time to commence the repeal of
that he was prompted.                       our taxes. These suggestions, Mr. President,
Mr. PRESSTMAN said, he had certainly meant have alarmed me and induce me to concur in
no personal offence by the remark.          the proposition of the gentleman from WorcesMr. DAVIs was glad of it. The gentleman had ter, as the best means of counteracting them.
asked with point, if Balimore had not paid two- He thought the proposition of the member from
thirds of the taxes of the State.           Worcester would be better without the amendHe, (Mr. D.,) asked, in return, what share ment suggested by the gentleman from Charles,
Baltimore had contributed to create the necessity (Mr. Merrick.) Who, it is asked, is to judge of
for these taxes? The gentleman answerea, and the sufficiency of the sinking fund? The Legisthis led to the discussion which followed. Mr. lature only, are the exclusive judges thereof,
D. also read an extract from a report of the and no judicial tribunal can inquire into the
Board of President and Directors of the Balti- correctness of their decision. The proposition
more and Ohio Rail Road Company, in which of the gentleman from   Worcester is the true
the completion of the canal is used as a measure course for this State to pursue. The people
necessary to the prosperity of the State and to  at present pay their taxes without murmur or
the city of Baltimore.                      complaint; congratulating themselves tiat in the
He had only risen to show, in reference to this course of ten or twelve years, under the present
great work, this Serbonian bog, as it lad been financial systemof the State, its credit and honor
called, which had swallowed up so much of the being fully redeemed, its entire public debt being
resources of the State, and from which, accord- fully paid or its payment, at the earliest period,
ing to the gentleman from Frederick and the gen- which, by the terms of its creation was prcictitleman from Anne Arundel, the State was never cable, so provided for, that all public taxes or
to derive any revenue, where the responsibility of burdens should be discontinued and the State
these lost appropriations ought to rest, and hav- receiving an annual income of some hundr d
ing accomplished his object, he would conclude thousand dollars from its works of internal imhis remarks.                                provement, to be appropriated as it saw fit. He
Mr. TUCK made a few remarks, which will ap- apprehended there was some misapprehension as
pear hereafter.                             to the powers of the Treasurer in the manage67




370
ment of the sinking fund. If the stocks of this will sink into ruin, and the honor and credit of
State rose so unreasonably high as was feared, Maryland will fall, even lower than it did in
(but for which fear, as to any large amount 1839.
there was no foundation,) the Treasurer had full  The gentleman from  Baltimore, has told us
power to invest (if more advantageous to do so,) that he is opposed to such results; but, if once
the accumulations of the fund in any safe stocks; giving countenance to them, as his remarks
as for example those of New York, Massachu- would indicate, he will be unable afterwards to
setts, Virginia, &c., and hold on to the same un- resist the current of popular opinion, and must
til our public debt, becomes payable, when,by a in the end, be overwhelmed by the torrent,
sale of such stocks, it might be paid in full. In which he now, undesignedly, has contributed
the meantime, as soon as the sinking fund be- to excite. Of his means to sustain himself, or
comes sufficient to pay the public debt at its ma- the precise nature of the course he means to purturity, the Legislature might order all that part sue, he has left us to conjecture.
of the sinking fund, consisting of the bonds of  The amendment of the gentleman from Charles
the State in the Treasurer's hands, to be bought (Mr. Merrick,)that the sinking fund should accuin and cancelled; leaving with the Treasurer, mulate till 1890, has nothirng to rest on, and is
the, stocks, which he held of other States, wholyunnecessary. Longbeforethattime itwould
equal in amount with the remaining debt of the amount to more than double what will be reState, (the annual interest on the former being quired to pay the debt. The Legislature, when
adequate to the payment of that accruing on the they find the sinking fund sufficient to pay the
latter,) until it became payable, when by a sale debt,may safely repeal all the taxes. Some gentleof the former the latter could be extinguished, men had fallen into a mistake, in supposing the
and the State released from its entire public sinking fund could only be invested in Marydebt. If the existing, well adjusted revenue sys- land State stock. There was no such restriction
tem be abandoned or impaired in its efficiency, existing; it may, by the Treasurer, be invested in
by the changes advocated by the gentlemen from  any State stocks. Part of it originally consisted
Carroll and Frederick, it is impossible to forsee of Bank stocks, Mr. M'Cubben, a former Treathe disastrous consequences that may result. surer, had wisely deemed it best to buy up the
Once tear down in the manner proposed one of stock of Maryland, at reduced prices, and the
the pillars on which our revenue fabric rests, and same course, as far as practicable, has ever since
in all human probability the whole building will been pursued. The gentleman from  Carroll
fall to the ground; and the State be involved in (Mr. Brown,) complains that the Treasurer had
perplexity, embarrassment, and dishonor equal bought some stock at two and a half per cent.
to that from which it has so recently extricated above par. That stock was not purchased from
itself.                                    necessity, but because the Treasurer faithBaltimore, or rather the mayor and city coun- fully performed his duty, in making the most adcil thereof, according to the extracts read from  vantageous purchase he could for the State.
its proceedings, by the gentleman from  Mont- More than $1,000,000 of our -tate stock was
gomery, has already unfurled the banner of re- then due, but bore only from four and a half to
peal and reform, and called upon all persons five per cent. interest, and, therefore, the purwithout distinction of parties, to rally around it. chase of the stock of the States, bearing six per
And according to one of the daily newspapers of cent. interest, was the more profitable investthe dominant party in Baltimore, shown me a ment, though made at two and a half per cent.
few days ago by my friend from Montgomery, above par, and for that stock the State received
if believed, a large majority of the people of twenty per cent. above par.
Baltimore, entertain the same views as those  If we once begin to repal tie taxes, Baltimore
avowed by the mayor and city councils. w. ill demand the repeal of the stamp act, auction
The excitement for reform is now over; it no duties, &c., &c. The cry of repeal once belonger furnishes electioneering politicians with ing raised in that city, the influence of which
the mneans of elevating themselves to office at the pervades every cove and inlet in the State, will
people's expense. Some substitute must by them  extend alike to the counties and involve in ihe
be found for it; and let this Convention but inti- great vortex of repeal, all the taxes of the
mate the propriety of a repeal of any portion of State.
the public taxes, and by the time the Constitu-  Mr. PRESSTMAN desired not to be misundertion goes into operation, you will have the popu- stood, as going for a repeal of the tax law. There
lar feeling excited to the highest pitch, by repre- would not be found a man slower than he should
sentations, that our system of taxation is unneces- be, to repeal any lawv now on the statute book.
sary, unjust and intolerably oppressive upon the Never, in any addresses to the people of Baltipeople: different evidences of its injustice and op- more, had he spoken against it-on the contrary,
pressiveness being assigned in every portion of in the only address in which he had spoken on
the State.                                 the subject, he had expressed himself in favor of
The system of log-rolling, as it is called, will the tax system. Therefore any insinuation that
prevail; combinations will be formed by the dele- he would go before the people of Baltimore to
gation from Baltimore, with that from other por- oppose it, was unjust.
tions of the State. First, one tax, and then an-  Mr. DORSEY said the explanation was unnecesother will be abolished, until those which re- sary. He had long known the gentleman from
main, become unequal, partial and odious in Baltimore, and believed him, unless impelled by
the eyes of the people, when the whole system  some popular torrent which he could not resist,




371
incapable of voting otherwise than he believed to erick county, praying for the erection of a new
be right, and that he would sustain the faith of county, composed of Hauvers, Catoctin, Middlethe State. But unless he was able to stem the town, Petersville and Jefferson districts of said
torrent of popular sentiment, which was some- county, and the seat of justice to be decided by
what problematical, his assurances, however sin- a majority of the legal voters of the contemplacere, could not remove the danger, and was in- ted county
sufficient security against it. While repeal and  Which was read, and
reform continued to be the watch cry of the city  On motion of Mr. Biser,
councils, we cannot safely trust to mere personal  Referred to the commitee on new counties.
pledges. If the gentleman from Carroll was    Mr. SHRIVER presented a petition of one hunright, in his opinion, that the Treasurer ought dred citizens of Catoctin district, in Frederick
not to buy any stocks above par, the sinking fund  county, protesting against the creation of a new
would remain inert and valueless; it would, in county from parts of Frederick and Washington
fact, in the ordinary acceptation of the term, counties, &c.;
cease to be a sinking fund. We cannot extin-  Which was read, and
guish the debt, when above par, as our six per  On motion of Mr. SHRIVER,
cent. stock shares, will be under our present  Referred to the committee on new counties.
revenue system, because the Treasurer can only        BS     REPRESENTATION
purchase stock at par. The fund, therefore,                  REPRESENTATION.
could never accumulate, by making interest capi-  Mr. NEILL rose and offered the following resotal, bearing interest as it should do, and the in- lution:
vestment would be a loss. He should vote for the  Ordered, That the committee on Representaproposition as it stands. The people of Mary- tion be instructed to report articles for the Conland are willing to pay the public debt, and look stitution, giving to each of the counties of the
with anxiety and pleasure, to the period when  State, and to the city of Baltimore, a right to
they will be released from all taxation on account elect one Senator to compose the Senate of Maof it; and they, ere long, will be relieved, if we  yland, and making a House of Delegates, to
restrict the Legislature from creating new debts, consist of sixty-one members, to be apportioned
and leave the Treasurer at liberty to use his own among the several counties, according to their
discretion in the management of the sinking fund. population, and to the city of Baltimore a repreHe should be at liberty when our own stock can- sentation not larger than that given to the largest
not be obtained on reasonable terms, to purchase county.
other stocks of other States of the Union, whose  The resolution having been read,
willingness and ability to pay is as indubitable as  Mr. NEILL said:
our own, when he can do so at a fair price.
our own, when he can do so at afair price. a It is obvious, Mr. President, that this question
r.          delined to witdw the amend- of representation is one which has engrossed the
mAnd, pendig the quetion,                 meditations of every member of this Convention
The Convention adjourned s util to-orrow at from the time of its first organization. We have
ten o'locn  tion adjoureunti                had full, free and frequent communication with
each other in regard to it. The course which
every gentleman will take, seems to be pretty
well understood. We have now been in session
~~.-^-.. =r^a@EsB===<-     upwards of one hundred days. And upon this,
the most grave and exciting subject that is to engage our attention, nothing has been done, unless
THURSDAY, February 27, 1851.      the reports of individual members of the committee on representation, various and conflicting as
The Convention met at 10 o'cleck.         they are, may be deemed something.
Prayer was made by the Rev. Mr. GRIFFITH.   It is not my purpose to make any remarks calThe roll was called and the journal of yester- culated to draw forth the protracted debate
day was read and approved,                  which I know the subject will produce. Believ-,~T —H~E COLORED Ping that the mind of every member of this body
THE C   POPULATis made up, and believing it to be both right and
Mr. GAITHER presented a petition of sundry  necessary that there should be some expression
citizens of Frederick county, praying that an ar- of the opinion of the Convention in relation to
tide be inserted in the new Constitution, com- this question, I demand the previous question on
pelling all free persons of color, annually, to the adoption ot the resolution.
give bond, with responsible security, to the State  Mr. BUCHANAN. I second the demand.
of Maryland, for their good behaviour, and in  ir. PrRESSTMAN. Do I understand that the
default thereof to leave the State.         resolution instructs the committee to report this
Mr. MICHAEL NEWCOoMER. I should like to project?
have that petition read.                      Mr. NEILL. Yes, sir.
The petition was read, and                  Messrs. BUCHANAN and BLAKISTONE called the
On motion of Mr. GAITHER, was referred to yeas and nays on the adoption of the resolution;
the committee on the colored population.    which were ordered.
Mr. BISER presented the petition of William  Mr. CHAMBERS, of Kent, called for a division
H. Shield and forty-seven other citizens of Fred- of the amendment.




372
Which was ordered.                         Thomas, Shriver, Gaither, Biser, Annan, Stew
The PRESIDENT was about to put the question  art of Caroline, Gwinn, Stewart of Baltimore
on the demand for the previous question, when  city, Sherwood of Baltimore city. Presstman,
Mr. BUCHANAN asked that the several branches  Ware, Fiery, John Newcomer, Harbine, Webinto which the resolution was to be divided should  er, slicer, Parke, Shower and Brown —6.
be read.                                       So the first division of the resolution was
The divisions were read.                   adopted.
Mr. PRESSTMAN then moved that there be a call  The second division of the resolution was
of the Convention.                           read.
The call was ordered.                        Mr. PHELPS said, he would like to go in favor
The roll of the members was then called.   of the number of sixty-one for the House of
Mr. SPENCER rose in his seat and stated, that Delegates; but he was not prepared to base the
he had paired off with Mr. DIRIKSON until Sat- representation upon population.  He asked,
urday next, being himself engaged with business therefore, another division.
connected with the Court ofAppeals.            The PPESIDENT expressed his opinion that the
And then,                                  amendment, was susceptible of this sub-diviOn motion of Mr. CHAMBERS, of Kent, all fur-  ion.
ther proceedings on the call were dispensed    And it was ordered accordingly.
with. p          O                             The question was then stated to be on the folMr. BUCHANAN now enquired, as a question of lowig branch:
order, whether it was in order to call for a divi-'And making a House of Delegates to consist
sion of a proposition while the demand for the of sixty-one members."
previous question was pending?                The yeas and nays were taken and resulted as
The PRESIDENT decided the motion to be in follows:
order.                                         Affirmative-Messrs. Wells, Kent, Buchanan,
The question was then taken on the demand  Bell, Welch, Chandler, Ridgely, James U.
for the previous question.                   Dennis, Hodson, 1-helps, McMaster, Shriver,
And there was a second.                    Biser, Annan, Sappington, Nelson, Gwinn, StewAnd the main question was ordered to be now  art of Baltimore city, Presstman, Ware, Fiery,
taken. PRE    T i      d hs o    n tt te Neill, John Newcomer, Harbine, Michael NewThe PnREIDENT indicated his opinion that the  comer, Brewer, Weber, Slicer, Fitzpatrick and
pending proposition was susceptible of three divio Parke.-31.
sions.                                         NSegative-Messrs. Chapman, President, MorThey were accordingly ordered.             gan, Blakistone, Dent, Hopewell, Ricaud, Lee,
Mr. McLANE called for the reading of the pro- Chambers of Kent, Donaldson, Dorsey, Weems,
position.                                    Bond, Sollers, Merrick, Jenifer, Lloyd, DickinWhich was again read.                      son, -herwood of Talbot, Colston, Crisfield, DaThe question was then stated to be on the first shiell, Williams, Constable, Chambers of Cecil,
branch of the amendment, as follows:        Miller, McLane, luck, McCubbn, George,
" Ordered, That the committee on Representa- Wright. Fooks, Thomas, Gaither, Stephenson,
tion be instructed to report articles for the Con- McHenry, Magraw, Carter, Thawley, Stewart
stitution, giving to each of the counties of the of Caroline, Kilgour, Waters, Shower and
State and to the city of Baltimore, a right to  Brown-41.
elect one Senator, to compose the Senate of       the second branch of the amendment was
ryland.                                      rejected.
The roll was then called.                    Some conversation followed on a question of
The name of                                order
Mr. MAGRAw having been called, that gentle-  After which
man rose and said, that he hardly knew how to  The next division of the amendment was stated
vote. He supposed, however, that it would to bt as follows:
make no difference which side of the question he  6To be apportioned among the several count ook, and he should, therefore, vote "aye."  ties according to their population."
The result of the vote was then announced as  And the question having been taken,
follows:                                       The vote resulted as follows:
iffirmative-Messrs. Chapman, President,Mor-  affirmative —Messrs. Buchanan, Bell, Welch,
gan, Blakistone, Dent, Hopewell, Ricaud, Lee, Chandler, Ridgely, Lloyd, Constable, Miller,
Chambers of Kent, Dorsey, Wells, Kent, Weems, McLane, Shriver, Gailher, Biser, Annan, SapBond, Sollers, Buchanan, Bell, Ridgely, Lloyd, pington, McHenry, Magraw, Nelson, Gwinn,
Dickinson, Sherwood of lalbot, Colston, James Stewart of Baltimore city, Sherwood of BaltiU. Dennis, Crisfield, Dashiell, Williams, Hod- more city, Presstman, Ware, Fiery, Neill, John
son, Phelps, Miller, Tuck, McCubtin, George, Newcomer, Harbine, Michael Newcomer, WebMIcMaster, Fook-, Jacobs, Sappington, McHen- er, Slicer, Fitzpatrick, Parke, Shower and
ry, Magraw, Nelson, Carter, Thawley, N eill, Brown-33.
Mlichael Newcomer, Kilgour, Brewer, Waters.Negative-Messrs. Chapman, President, Morand Fitzpatrick-41.                          gan, Blakistone, Dent, Hopewell, Ricaud, Lee,,Negative-Messrs. Merrick, Welch, Chandler, Chambers of Kent, Donaldson, Dorsey, Wells,
Constable, Chambers o9' Cecil, McLane, Wright, Kent, Weems, Bond, Sollers, Merrick, Jenifer,




373
Dickinson, Sherwood of Talbot, Colston, James of Baltimore. Was it not childish to be doing
U. Dennis, Crisfield, Dashiell, Williams, Hodson, that which had already been done?
Phelps, Chambers of Cecil, Tuck, McCubbin,    The PRESIDENT. That is a question which
George, Wright, McMaster, Fooks, Jacobs, the Convention must decide for itself.
Thomas, Carter, Thawley, Stewart of Caroline,  Mr. MERRICK, continuing. The gentleman
Davis, Kilgour, Brewer and Waters-42.       from Kent, (Mr. Chambersi) and the gentleman
So this branch of the amendment was re- from Talbot, (Mr. Lloyd,) have both reported
jected.                                     projets like this, and I will ask whether it is conThe next division of the amendment was stat- sistent with the dignity and the character of this
ed to be as follows:                       body, thus to multiply reports and propositions
"And to the city of Baltimore a representation identically the same?
not larger than that given to the largest coun-  Mr. SPENCER, (to the chair.) Is this in orty."                                        der?
And the question having been taken,        Some conversation followed.
The result was as follows:                 Mr. MERRICK. I move a re-consideration of
/ffirmative-Messrs. Chapman,President, Mor-the vote.
gan, Blakistone, Dent, Hopewell, Ricaud, Lee,  Mr. THOMAS, (to the chair.) Is the motion
debateable?
Chambers of Kent, Dorsey, Wells, Kent,Weems,  ebate
Bond, John Dennis, James U. Dennis, Crisfield,  The PRESIDENT.  It is not.  The previous
Dashiell, Williams, Hodson, Phelps, McCubbin, question is not yet exhausted.
McMaster, Fooks, Jacobs, Sappington, Nelson,  Mr T. I   k the yeas and nays on the
Carter, Fiery, John Newcomer, Kilgour and    otlon to re-cosider
~a~:aef~_F3~fY~   John NeWaters-31  Kilgour an Some further conversation followed on a point
Jetive-Messrs. Donaldson, Sellers, Mer- of order, in which Messrs. BROWN, MCLANE,
rick, Jenifer, Buchanan, Bell, Welch, Chandler, THOMAS, and the PRESIDENT took part, after which
Ridgely, Lloyd, Dickinson, Sherwood of Talbot,  The question  as taken on the resolution as
Colston, Constable, Chambers of Cecil, Miller, amended, and it was adopted.
McLane, Tuck, George,     Wright, Thomas,    The question then recurred on the motion to
Shriver, Gaither, Biser, Annan, McHenry, Ma- reconsider, (the previous question being exhaustgraw, Thawley, Stewart of Caroline, Gwinn, ed )
Stewart of Baltimore city, Sherwood of Balti-  Mr. MERRICK recapitulated the State of the
more city, Presstman, Ware, Neill, Harbine, question, and remarked that nothing remained of
Michael Newcomer; Brewer, Weber, Slicer, the proposition before the Convention, but the
Fitzpatrick, Parke, Shower and Brown-44.   first branch instructing the committee on repreSo this branch of the amendment was re- sentation to report a bill giving one Senator to
jected.                                    each county and to the city of Baltimore. This
The question was then stated to be on the proposition had already been passed upon affiradoption of the resolution as amended.     matively. He moved, therefore, a re considerMr. MERRICe remarked, there was no manner ation, for the reason that it was idle, and worse
of use in instructing the committee on represen- than idle, in his judgment, to give instructions to
tation, to bring in the report contemplated by this a committee to do that which two of its memproposition, as such a report had already been bers had already done. He hoped, therefore,
brought in. He, therefore, moved a re-conside- that the reconsideration would be agreed to
ration of the vote adopting the first branch of the The mover himself, (Mr. Jacobs,) had suggested
amendment.                                 that this course ought to be pursued.
Mr. NEILL concurred in the propriety of this  Some further conversation followed on a point
suggestion.                                of order between Mr. CHAMBERS, of Kent, and
The question, "will the Convention reconsider the PRESIDENT.
the said vote?" was taken,                   Mr. JENIFER said, that he should not himself
And decided in the negative, without a divi- have been in favor of moving such a proposition;
sion.                                      but the resolution had been adopted, and a moSo the vote was not re-considered.       tion to reconsider might leave the committee in
Some conversation followed on a point of order an uncertain and embarrassed State, looking to
as to the state of the question under the several their conflicting views upon this question of revotes given by the Convention, when        presentation. He should, therefore, vote against
The SECRETTARY, under instructions from the the re-consideration-because the resolution itPRESIDENT, read the minutes of the journal, to self embraced a principle which he intended to
show the exact position in which the votes of the support. The instruction, he thought, was a
Convention had left the question.          guard; it settled at least the point that there was
Mr, MELRICK now again called the attention to be one Senator to the city and to each county.
of the Convention to the fact, that, under the ex- The committee on representation had come to no
isting state of the question, the reference of conclusion. They could not agree, and the quessach instructions to the committee was a mere tion was, whether the Convention would adopt
repetition of what had already been done. The its own views, or refer the matter to the comcommittee on representation had already made a mittee without instructions. If it was to go to the
report, providing for the election of one senator committee at all, let it be accompanied with infrom each of the counties, and one from the city structions.




374
Mr. MERaRICK  I withdraw the motion to re- any thing. If the principle was adopted on one
consider.                                   subject, they might be called upon to give inMr. THOMAS. I renew it.                   structions upon all. He desired also to remark
Mr. THOMAS said he should vote against the that the vote he had given was not to be considproposition in the form  itwhich it was offered. ered as the expression of his opinion upon any of
He could not consent to take it as an isolated the propositions, but merely as refusing to give
proposition. If we send back this subject to the instructions.
committee it will lead to interminable motions  The question was then taken.
to amend. He would vote for the reconsidera-  The PRESIDENT stated that the motion was retion, for the purpose of embracing both branches jected-yeas 32, noes 33.
of the Government in one resolution.          Mr. PRESSTMAN called for the yeas and nays.
Mr. MORGAN (to the Chair.) Is it in order to.ThePREsIDENT said it was too late, the result
move the previous question?                 having been announced.
The PRESIDENT. The motion is i orde          Mr. SHRIVER said, he had called fop the yeas
Mr. MORGAN. I move it.                    and nays, before the question was taken.
ERAL  ICES  Move to lay the motn  The PRESIDENT said the chair had rot heard
SEVERAL vcEs. Move to laytto the gentleman.
re-consider on the table                        gentleman.
Mr. MORGAN.    I will substitute a motion to  Some conversation followed, when
lay on the table for the previous question. But,  ThePRESIDENT uggested that gentlemen debefore I do so, I desire to say, that I make the  siring the yeas and nays, might accomplish their
motion because I forsee that the debate is to be object by another motion to reconsider the vote
interminable, unless arrested by one of these pro- on the reol
cesses which the rules of the Convention place  Mr. P  T     renewed the motion to reconwithin our reach. Ideas have been thrown out sider.1
by gentlemen, which, if persisted in, can lead to  Mr. BROWN called the yeas and nays, which
no practical result, but the discussion may con-ent, submitted as a point
same an indefinite length of time. I move that. CHAMBERS, of ent, submitted as a point
sameanindefinitetMe.of order to the chair, that a motion to re onsider n
the motion to re-consider be laid upon the table,r,                   a       t re
and on that motion I call for the yeas and nays aving ust been disposed of, there  t be some
Some conversation followed as to the effectf intervening action, before another motion to rethe motion, ol the part el'of Mr. BROwN, pMr. consider could be entertained. Self-protection
the  motion. on  Jthe part oof r.  BRoowe                      Se natr, f.om  e   cnty
CHAMBERS, of Kent and the CHAIR.            reqlired this  Otherwise, it would be in the
The yeas and nays were ordered.           power of every one of the one hundred and three
The yeas and nays wer e  ordered.
members of the Convention,  to move a reconAnd the question, "shall the motion to re-con- tme ers of the Conventioner, to move a reon
sider be laid upon the table," was then taen,and sideration, one after the other, an thus prevent
the result was as follows:                  definitive action on any proposition.
The PRESIDENT. Under the rule as it now
Ai, Blrmentof Messore, Chapmanew, Pres't, Mor stands, a motion to reconsider may be made a
gan, Blakistone, Dent, Hopewell, Ricaud, Lee, dozen times.
Chambers of Kent, Wells, Kent, Weems, Bond,
Chambers of Kentm, W  ells, Kent, Veemsi, JBond,  Mr. CHAMBERS, of Kent. If the motion to reSollers, Jenifer, John Dennis, James U. Dennis,  M  CMn   o     e.
SoCr      is field r, J Dashiell, JWiames, Hon, Phelpsconsider should prevail, it brings back the quesCrisfield,  Dashiell, Williams, modson, Phelps, tion to the proposition, whether the Senate shall
Tuck, MeClubbin,  MceMaster, Fooks,  Jacobs. be composed of one Senator from each county,
Sappington, Stephenson, Nelson, Thawley, Kil-    om   e      of aior.       do   t 
therst bran ch ofateres- oand from the city of Baltimore. I do not desire
gour, and Waters —32.
N gaive-D Messrs. Donaldson, Buchanan, Bell, to say a word in relation to the chairman of the
Welsh, ChV  andle, Ridgely, Lloy, Dickinson, committee, but I now state that every word the
Welsh, Chandler, Ridgely, Lloyd, Dickinson, chairman has said —
Sherwood of Talbot, Colston, Constable, Chamn- chairman has saidbers of Cecil, Miller, McLane, George, Wright,  Mr. PRESSTMAN interposed to a   question of
Shriver, Gai         ther, Biser, Annan, Mapraw, Stew-the gention in    Charm Te MeShriver, Gaither, Biser, Annan, Magraw, Stew- order, that it was not competent to review the reart of Caroline, Gwinn, Stewart of Baltimore marks o the gentleman from Charles, [Mr. Mercity, Brent of Baltimore city, Sherwood of Balti- ick. or to refer to what had occurred.
more city, Presstman, Ware, Fiery, Neill, John  Mr. CHAMBERS.  Then I will not refer to the
Newcomer, Harbine, Michael Newcomer, Brew- gentleman from Charles.
er, Weber, Slicer, Fitzpatrick, Parke, Shower,  Mr PRESSTMAN. We e will see to what the
and Brown-40.'        gentleman does refer.
So the Convention decided that the motion to  Mr. DENT, (to the President.) Is this a rere-consider should not be laid upon the table.  newal of the motion to reconsider.
And the question recurred on the motion to re-  The PRESIDENT. It is.
consider the vote of the Convention, adopting  Some conversation followed on the point of
the first branch of the order.              order, between Mr. DENT and the PRESIDENT.
The PRESIDENT proceeded to count.           The PRESIDENT said, that a majority of the
Mr. SHRIVER demanded the yeas and nays.   Convention could, under the rule, give consent to
Mr. STEwWART, of Caroline, said, that, in ad- another motion to reconsider. And the Chair
dition to the reasons assigned by the gentleman  would put the question in that form. The quesfrom  Frederick, (Mr. THOMAS,) he, (Mr. S.,) tion was not debateable.
had voted against the proposition because he was  Mr. BLAEISTONE submitted a further question
opposed to giving instructions to committees upon on the point of order.




375
The PRESIDENT repeated his decision, expres-  The question. was taken and decided in the afsing the opinion that the rule was unwise, but firmative, without a division.
that, nevertheless, it was the rule, and it was the  So the resolution was laid upon the table.
duty of the chair to execute it.
The question was then stated to be,,'Will the       MOTIONS TO RECONSIDER.
Convention give its consent that the motion to  Mr MORGAN. I rise to ask information of th~
reconsider be again made."                  Chair. If I should now make a motion that the
Some conversation followed between Mr.                e House   e given to enale me to
BucHANAN and te CHAIR.           consent of the House be given to enable me to
BUCHANAN and the CHAIR.                     make a motion to reconsider, would that motion
The question was then taken and the result make in or   to recoder, would that motion
was as follows:                             be in order.
was as fofrt   e        nallows:The PRESIDENT. The Chair can give no other
man, Merrick, Buchanadn, B   ell, Selch, - construction to the rule, in the shape in which it
man, Merick, Buchanan, Bell, Welch, Chad- now stands.
ler, Ridgely, Lloyd.Dickinson, Sherwood of Tal-n                                   o
bot,Colston,Constable,Chambers of Cecil,McLane  r. MORGAN. Then it is high time it should
George,Wright,Thomas, Shriver, Gaither, Biser, be changed; otherwise this Convention may move
nnan,     agraw,  winn, Shtewar, aither, Biser, for weeks and months, round the same circle,
Annan, Magraw, Gwinn, Stewart, of Baltimore              or to extricate itself, or to take
city, Brent, of Baltimore city, Sherwood, of Bal- wit t the power to extricate itself or to take
timore city, Presstman, Fiery, N'ill, John New- one single step towards the final disposition of
ti:more city, Presetman, Fiery, Ncill, John New- any subject-matter, that may come up for its
comer, Harbine, Michael Newcomer, Brewer,          erat m                com  up for i
Weber, Slicer, Fitzpatrick, Parke, Shower and   ie ti                to-morrow move to
Brown-42.                                     I give notice that I shall to~morrow move to
JNegatie —Messrs. Chapman, President, MorAegtative-Messrs. Chapman, President, Mor- amend the twenty-second rule, by striking out
gan, B3lakistone, Dent, Hopewe1l, Ricaud, Lee, that portion of it which permits a motion to reChambers. of Kent, Wells, Weems, Bond, Sol- consider, after having been once made and decidChambers, of Kent, Wells, Weems, Bond, Sollers, Jenifer, John Dennis, James U. Dennis, ed, to be again made by the consent of the ConCrisfield, Dashiell, Williams, Hodson, Phelps, vention; and I hope that the Convention, on all
Crisfield, Dashiell, Williams, Hodson, Phelps, se  w  g    m i       towards removing this
Tuck, MCubbin, MMaster, Fooks, JacobsSap- sides, will give me its aid towards removing this
Tuck, McCubbin, McMaster, Fooks, Jacobs,Sap- Obstacle, at least, from our path.
pington. Stephenson, Nelson, Thawley, Stewart obstacle, at least, from our path.
of Caroline, Kilgour and Waters-32.           The   ontion was entered on the journal.
So the Convention consented that the motion
So the Convention consented that the motion  The Convention thereupon passed to the orders
to reconsider should be again made.         of the day.
Whereupon the question recurred on the mo-        THE LEGISLATIVE DEPARTMENT.
tion to reconsider the vote by which the said first
branch of the resolution had been agreed to.  The Convention resumed the consideration of
Mr. STEWART, of Caroline, demanded the pre- the special order of the day, being the report herevious question.                             tofore made fro m the committee on the LegislaThere was a second.                       tive department of the government.
And the main question was ordered to be now  The question pending at the time of adjourntaken.                                      ment yesterday,, was on the amendment of Mr.
Mr. SHRIVER asked the yeas and nays on the JACOBS. [See yesterday's proceedings.]
main question, (i. e. the motion to reconsider,)  Mr. JAcoBS withdrew the amendment offered
which were ordered, and being taken, resulted by him on yesterday, and substituted in lieu
as follows:                                 of it the follow ing:
qffirmative-Messrs. Donaldson, Sellman,Mer-  "The Legislature shall not repeal the taxes
rick, Buchanan, Bell,Welch, Chandler, Ridgely, now imposed for the payment of the public debt,
Lloyd, Dickinson, Sherwood, of Talbot, Colston, until the revenues and fuds of the State, shall
Constable, Chambers, of Cecil, Miller, McLane, be sufficient to ensure its ultimate extinguishment
Grason, George, Wright, Thomas, Shriver, within the period limited for its payment; and
Gaither, Biser, Annan, McHenry, MI agraw, when the public debt is paid, the surplus revenues
Stewart, of Caroline, Gwinn, Stewart, of Balti- derived from the public works of the State, after
more city,Brent, of Baltimore city, Sherwood, of defraying the necessary expenses of the governBaltimore city, Presstman, Ware, Fiery, Neill, ment shall be distributed according to the mode
John Newcomer, Harbine, Michael Newcomer,
John Newcomer, Hrhie, MicHarbel N      rew e, Mpcharovided by the resolution, No. 47, of the GeneBrewer, Weber. Slicer, Fitzpatrick, Parke, ral Assembly, of December session, passed
Shower and Brown-45.                        1833.".Negative —Messrs. Chapman, President, Mor r- 
gan, Blakistone, Dent, Hopewell, Ricaud, Lee,     JACOBad
Chambers, of Kent, Dorsey, Wells, Kent,Weems,  Mr. President. —On the day before yesterday,
Sollers, Jenifer, John Dennis, James U. Dennis, we adopted two sections as a substitute for the
Dashiell, Williams, Hodson, Phelps, McCubbin, original twenty-first section reported by the comMcMaster, Fooks, Jacobs, Sappington, Stephen- mittee on the legislative department, and I voted
son, Nelson, Thawley, Kilgour and Waters-29. with great pleasure for both of them; because,
So the vote was reconsidered.              in my opinion, they imposed such restrictions
The question recurring on the adoption of the upon the future Legislatures of this State, as
resolution.                                  past experience has proved to be necessary, and
Mr. MCHENRY moved that the resolution be the whole public mind required, as a guarantee
laid upon the table,                         against similar legislation in future. So far as




376
those sections go, I approve of them entirely; for disapprobate, and there lies the issue. If, as it
they declare,                               is argued, the present financial system of the
First, " The Legislature, hereafter, shall con- State, will, with the aid of the sinking fund, pay
tract no debt, unless they provide for its payment our debt in twelve years, is it not good policy, to
by a tax, levied at the time; which tax shall never secure inviolate that system until the expiration
be diverted to any other purpose." This taxing of that time? Some say the treasury will be in
accompaniment will be the best security against a state to admit a reduction in the taxes in a very
contracting debt in future, that we could possi- short time, and it would be hard the Legislature
bly have;for whilst, in case of foreign invasion should bedebarred giving any relief. They would
or domestic insurrection, it night become neces- have a reduction of five cents two years hence,
sary to contract debt, in which emergency, the and a reduction of five more two years after that,
power is not denied, yet for purposes of mere but they would continue the remaining fifteen
policy, the power would be inoperative, because cents till 189f), to meet the payment of the last
of the responsibility of delegates to their constitu- bonds then due. I would like to know the difents and the aversion of the people to taxation.  ference in paying twenty-five cents on the $100
Second, "Two-thirds of the Legislature shall for twevle years, and then be entirely released
be requisite to appropriate public money, and the  rom direct taxes-and a payment, by taxation
Legislature shall not have the power to make equal in amount but varied in rate, and interappropriations, loans or subscriptions to anyspersed through a lapse of forty years. Could
work of internal improvement."  I say 1 voted  we hear the res;pons of the people of this State,
for both of these sections, but they do not go far am very sure it would be in favorofcontinuing
enough; we want some indemnity for the past, as the twenty-five ent tax until the whole debt is
well as security for the future, and that was the paid or the sinking fund increased sufficiently to
object designed to be secured, by the amendment pay it when due. Not that the people love tax1 offered yesterday.                        ation, but if the money must be paid, they would
Gentlemen thought that amendment suseepti- sooner do it, in a reasonable time, than transmit,
Gentlemen thought that amendment suscepti- with their property to future generations, this
ble of improvement and the section I offer now, eternal and inalienable tax.
in lieu of the one proposed on yesterday, embo-  Continue the resent tax of twenty-five cents
dies those improvements, while it retains the origi- on the one hunpred dollars until the proposed
nal provisions, looking to the stability of our fi- time, and our people will pay it cheerfully, benancial system until a time when the sinking cause they would the sooner be released from
fund shall be increased to an amount large enough taxation altogether, and the sooner share the
to anticipate the payment of the State bonds at benefits of what they have already paid. But
the periods when they shall severally become adopt the other plan, and change, alter, raise and
due; after which, it requires a distribution lower the taxes, to suit the policy of every adamongst the counties and city of Baltimore, of ministration, and the theory of every tyro in ithe nett revenues of the public works according nance, who may hold a seat in the legislature;
to the mode provided in resolution No. 47 of the and you will certainly do one of two things-you
General Assembly of December session passed will exasperate the public mind, by a constant
1833. It was because of the mode of distribu- vacillation in your revenue laws, or you will
tion that I preferred this substitute. By theor ou will
tion, that I preferred this substitute. By the inure the whole state to a system of taxation that
resolution of 1833, No. 47, the whole of the nett is to be perpetual. I am opposed to perpetual
revenees of the internal improvements would be taxation.  never want our people to recognise
distributed as follows: One half would be divi-it as the settled policy of the State, nor would I
ded into twenty parts and given to each countv  t, as the settled policy of the State, nor would I
ded into twenty parts and given to each county  wantonly tantalize their most ardent desires for
and Baltimore city equally, while the other half we pton  rom taatily
counties     ef. exemption from taxation entirely.
of Baltimore accdii ngd b t   their espective it  whell remember the struggles and remonstranof Baltimore, according to their respective white ces inade by the people of my county, before
population. This would give to the counties a yielding to the present tax laws; that county was
larger share than they would obtain on the pri-  ne o the seven referred to on yesterday, by the
ciple of distribution according to taxation as pro- gentleman from Frederick, (Mr. Thomas,) who
posed on yesterday.                         repudiated the justice and equity of those tax
Sir, I regret the necessity for such a provision laws, devised by, and under the administration
in the Constitution as much as any gentle- of Mr. Pratt.
man in this Convention can, but I am not to be  That gentleman then held a warm place in the
swerved from a course I deem just and right, be- affections of the people of Worcester county,but
cause, forsooth, it argues a want of confidence in in his fixed and steady purpose to maintain the
the Legislature of the State. This is not the faith of the State, he found it necessary to rearena or the occasion for an exhibition of those commend a system of tax laws, considered opvery delicate shades of refinement that forbid the pressive and unjust, by the people of that county,
exercise of prudence on a matter of such grave and this caused the love of many to wax cold tointerest to the people of this State.       wards him. Moved by high patriotic motives,
I heard it argued yesterday, that the Legisla- we yielded to the burdens of taxation, only to
ture had always been a safe depository of the throw them  off at the earliest practical mopublic trust, and might well claim our confidence ment.
in the future management of the finances of the  We have lived to see the policy of that gentleState. Sir, what some gentlemen approve, I man developing itself in a manner flattering to




377
his far-seeing judgment, and likely to consum- and of the people whom he represented, to whose
mate the object proposed, and we would adhere benefit these gigantic works had in no degree
to that policy, and that system of taxation until contributed. Yet they were paying for them
the last dollar is paid. I would hold to the pre- annually more than they were able to pay-and
sent financial system of the State, until it has now a demand was made for a constitutional proworked out its high destiny, of restoring the peo- vision prohibiting the Legislature from repealing
ple of old Maryland once more, to that proud the tax-laws although some of the burthens they
position they once occupied. Aye, more; I imposed might well be taken off.
would engraft upon this Constitution a guaranty  It was not often that the gentleman from Kent,
that those taxes shall be returned to the people,
when the public works become remunerative, (Mr. Chambers,) found it necessary to resort to
according to the mode prescribed by my amend-ad      m arguments.    ut there certainly
me\nt. Shall we neglectthis amendment, and was some savour of such an argument in the redecive the reasonable expectation of the pe marks which the gentleman made the other day,
ple? Continue to sport their confidence? peo- when he appealed to the farmers here and told
allure them by a course of duplicity into hopes the taxes on the landst taxe, (Mr. S,) declared
never to be realized? 1 trust this is not the de-the taxe s on t he land. Hei (Mr. S,) declared
termination of this Convention, but that we shall   that the very first bill which reduced the taxes
evince our sincerity and good faith towards the would take off some five or ten cents from the land
people of this deeply indebted State, by engraft- tax.  The very same influences which were
ing this section upon the Constitution, to be sub- brought to bear for the establishment of the syshmitted to their tjudgmen stt.            tem which the gentleman from Baltimore city,
mitted to their judgment.
Mr. DONALDSON called for a division of the (Mr. Presstman,) had yesterday designated the
question;                                  auxiliary taxes, would again operate to continue
Which was ordered,                       them whilst the necessity for taxes existed-and
Mr. SOLLERtS rose to enquire of the gentlemanthese were the very last which the farmers would
IMr. SoLxmtS rose to enquire of the gentleman consent to repeal.
from  Worcester. (Mr. Jacobs,) what the mean- se     to r a
ing of this provision was? As he, (Mr. S.,) un-  e were told that this was a solemn pledge to
derstood it, the tax-laws were not to be repealed the people of Maryland and to the world, thatununtil a sufficient fund should have been provid- der no circumstances should the tax laws be reed to extinguish the debt. Who was to be the pealed, and that the faith of the S&ate should be
judge of that sufficiency?                 maintained inviolate. No man was more disposed
Mr. JACOBS said: The legislature, I presume  to maintain the faith of the State than he was. But
Mr. SOLLERS continued. It seemed then, he where in the history of the world had a system
said, to be unnecessary. If it was not intended of finance been found so perfect, that it was not
to bind the legislature against passing any law to susceptible of improvement? There were cerrepeal the taxes, for what purpose had it been tain gentlemen who seemed to take into their
offered?  Was it done to gatify bond hold- own peculiar keeping the faith and credit of the
ers?  He could not think so. He did not State-to regard it as exclusively the work of
believe that any gentleman representing an agri- their own hands, and to consider it almost a sacricultural district, would introduce any proposi- legious act for any man to touch it. Gentlemen
tion, prejudicial to tke interests of his own must pardon him. But he knew of no work of
constituents, or calculated to promote the inter- mere human wisdom which, in the change of
ests of bond-holders and stock-jobbers.    time and circumstances, might not require to be
What then was the object of this proposition  changed. And was he to be told that, although
Was it intended as a mere expression of opinion there might be surplus millions in the Treasury,
on the part of this Convention that we did not they were not to be touched, and that the enorintend to repudiate? Why, who dreamed of such mous taxes now weighing heavily upon the peoa thing? T'hat day-thedarkest in our history-  pe were to be continued, even when they could
when the heavens were hung with black"-    safely and properly be relaxed? He, forone, could
had long since passed. And no man at this not go home and teach such a doctrine to aconhour would stand up and advocate any thingstituency who had so honestly and so freely paid:like the doctrine of repudiation. He could not the taxes which the State, in the hour of her need
understand the purpose for which the proposi-and her peril, had imposed upon her.
tion had been offered.                       Mr. GWINN said, that he was opposed to the
If it meant that the legislature was to pass no first branch of the proposition offered by the genlaw to repeal the tax-laws, notwithstanding that tleman. He could not see the wisdom of keeping
there might be a large surplus annually flowing upthe present system of taxation, until the whole
into the treasury,,then he was opposed to it. He public debt was paid off. Under the estimates
would not, he dare not go befort a down-trod- of the Treasurer, the sinking fund would absorb
den constituency, and tell them that although it in about fifteen years. But what need was
there was a large accumulation of money in the there for the continuance of the present sys' en in
treasury, wrung from  their hard toil and the all its parts, in order that this result mih- be
sweat of their brows, yet the organic law forbid accomplished in so briefa time. Taxation was,
us relieving them from  a burthen which was indeed, designed to meet the current interest,
crushing them. Gentlemen of the counties, and to provide for the payment of the principal
(asked Mr. S.,) can yout do this?          of our obligations. But it was surely only right
He spoke of the peculiar position of himself that this burthen should be as equally distributed,
48




378
as was consistent with the terms of our obliga- ing a rival to the first of the Union-these facts
tions.                                     should satisfy gentlemen, that no injustice will
The works of internal improvement were not be done to Baltimore, by a continuance of these
designed for the benefit of the present generation auxiliary taxes until the final extinguishment of
only. This result could never have been antici- the public debt. Then she will receive her fair
pated even, because their extent and character proportion of the nett revenues arising from these
made it evident that the main advantage would works, and all the advantages they were intended
be derived from the future. And, although the to bestow. For these reasons, (Mr. J. said,) he
responsibility which we assume, imposes on us the should not be for disturbing the present system of
duty of taking our fair share of the burden we revenue at any point until the entire liquidation
have created, yet those who derive the chief ad- of the public debt.
vantage our investment, should also contribute  After some conversation on a point of order,
to the discharge of the liability.         between Mr. SOLLERS and the CHAIR,
Again, it would seem reasonable that this scale  The question was taken on the amendment of
of taxation should be gradually reduced. The Mr. JENIFER,
gradation would maintain the equipoise in the  And it was rejected.
value of property in this State, which would  The question then recurred on the adoption of
else be suddenly disturbed if the whole burden the first division of Mr. JAcoBs' amendment,
were removed at once. Prudence, no less than which was read as follows:
justice, would require reductions running through  "The Legislature shall not repeal the taxes
a series of years. He would gladly provide for now imposed for the payment of the public debt,
a diminution, following a certain per centage; until the revenues and funds of the State shall be
say five cents in the hundred dollars, in every sufficient to ensure its ultimate extinguishment
period of three years, until the whole debt was within the period limited for its payment."
discharged. But he could not support the pro-  Mr. BROWN asked the yeas and nays;
position as it now stood. It was not necessary  Which were ordered.
to the credit of the State, for there was no risk  And being taken, resulted as follows:
following upon gradual reduction in taxation.   ffirrmative.-Messsrs. Chapman, President,
Mr. JENIFER now offered the following amend- Blakistone, Ricaud, Lee, Chambers, of Kent,
ment, (which he had yesterday indicated his in- Donaldson, Wells, Crisfield, Dashiell, Williams,
tention to offer to the then pending proposition of Hodson, Phelps, Bowling, McMaster, Fooks, JaMr. JacoBs.)                                cobs and Waters-16.
Amend the first branch of the amendment by  Negative.-Messrs. Morgan, Dent, Hopewell,
adding, at the end thereof, the words "except Sellman, Weems, Sollers, Jenifer, Buchanan,
by an act passed at one session, submitted to the Bell, Welchr Chandler, Ridgely, Lloyd, Dickinpeople and re-enacted at the next succeeding son, Sherwood, of Talbot, Colston, James U.
session of the Legislature."                Dennis, Constable, Chambers, of Cecil, Miller,
Mr. JENIFER did not see the necessity for the McCubbin, Grason, George, Wright, Thomas,
insertion of any restriction in the organic law. Shriver, Gaither, Biser, Sappington, Stephenson,
He saw no necessity, either for restricting or for Nelson, Carter, Thawley, Stewart, of Caroline,
urging on the Legislature in reference to taxes. Gwinn, Stewart of Baltimore city, Brent, of BalIf the question was to be taken now, he would timore city, Sherwood, of Baltimore city, Ware,
wish to make the first proposition so as to pre- Fiery, Neill, John Newcomer, Harbile, Michael
vent any restriction on the Legislature, to take Newcomer, Kilgour, Brewer, Weber, Slicer,
off the taxes, when, in their discretion, they may Parke, Shower, and Brown-52.
think it ought to be done. He was opposed to  So the first division of the amendment was Xetaking off the taxes, until the debt was paid; but jected.
when the debt was paid, he would wish taxation  The question then recurred on the second
to cease. He was not so clear on the point that branch of the proposition;
the last tax which would be repealed, would be  As follows:
the tax on land. If the modification he had sug-' And when the public debt is paid, the surplus
gested was adopted, he would vote for the pro- revenue derived from the public works of the
position; if not, he must vote against it.  State, after defraying the necessary expenses of
The auxiliary tax, as it was called, did operate the government, shall be distributed according to
more on Baltimore than any other part of the the mode provided by the resolution No. 47, of
State, but it should be recollected that she re- the General Assembly of December session, pasceived nearly all the benefits from these works of sed 1833."
internal improvement, and if that tax should be  Mr. GWINN said that the rule fixed in the serepealed, the burden must fall more heavily on cond branch was based on a resolution that apthe property of the counties, and on those which plied to the school fund. In that view, it was
never expected to derive any direct interest from  wise enough as a sort of compromise, only for the
these works. Much had been said of the large reason that it was perhaps the easiest way that
amount of taxes paid from Baltimore. She ne- could be devised of settling a mooted question.
cessarily pays the largest portion from her wealth  It was now, however, proposed to give it a
and population, but much less in proportion than much wider meaning, by providing that the fund
the advantages derived from being the termini indicated in the second branch should be divided
of these great works. Her commerce is en- into two parts-one of which should be distribularged-her wealth increased-her city becom- ted among the counties and city of Baltimore




379
according to their white population, and the other  Mr. JACOBS asked the yeas and nays, which
half to be divided into twenty parts, allowing one were ordered.
to each of the counties in existence in 1833, and  Mr. BREWER called for a division of the quesone to the city of Baltimore.              tion, which was ordered.
It seemed to him that if such distribution were  And the question was taken on the first branch
ever to occur, it should be made in the same pro- of the amendment as follows:
portion in which the fund was contributed. He  "'The Legislature shall, at its first session afwould refer to the table marked [statement G.] ter the adoption of this Constitution, and from
in the Treasurer's report of 1849. The amount time to time thereafter diminish by law, the diof the whole yearly levy for the State was $477,- rect taxes of the State, to a minimum, equal only,
276-and of this Baltimore city contributed to pay the interest on the present State debt."
$175,762, or more than one-third of the gross  And the question having been taken, the result
amount of the whole revenue. Now with what war as follows:
reason is it urged, that Baltimore should, after./firmative-Messrs. Weems, Bond, Constable,
making contribution of a fund, which was not'Miller, McMaster, Fooks, Jacobs, Thawley,
required by the necessity of the case, receive Michael Newcomer, Brewer, Parke, and Showback only eleven-twentieths of what it had paid, er-1 2.
and not the whole sum which it contributed..Negative-Messrs. Chapman, Pres't., Morgan,
The same injustice would result to the counties Blakistone, Dent, Hopewell, Ricaud, Lee, Chamrelatively also. Why should Frederick county, bers of Kent, Donaldson, Wells, Jenifer, Buchanwhich pays eight times as much as Calvert, re- an, Bell, Welch, Chandler, Ridgely, Lloyd,
ceive back only one-half of its contribution-and Dickinson, Sherwood of Talbot, Colston, James
one-twentieth of the gross sum-when it has U. Dennis, Crisfield, Dashiell, Williams, Hodson,
contributed in a far differentproportion. It was Phelps, McCubbin, Grason, George, Wright,
certainly an extraordinary idea, and though it Thomas, Shriver, Gaither, Biser, Annan, Sapmight work to the advantage of the small coun- pington, Stephenson,, McHenry, Nelson, Carter,
ties, it could not be supposed that they would Stewart of Caroline, Gwinn, Stewart of Baltiobtain this benefit by injustice to the larger more city, Brent of Baltimore city, Sherwood of
counties and to the city of Baltimore.     Baltimore city, Presstman, Ware, Fiery, John
The question was taken and resulted as fol- Newcomer, Harbine, Waters, Anderson, Weber.
lows:                                      Slicer, and Fitzpatrick-54.
lfimalive-Messrs. Chapman, Pres't., Mor-   So the first branch of the amendment was re
gan, Blakistone, Dent, Hopewell, Ricaud, Lee, jected.
Chambers of Kent, Sellman, Weems, Bond, Sol-  The question ws then put on the second branch
lers, Colston, James U. Dennis, Crifield, Da- of said amendment being in these words "and no
shiell, Williams, Hodson, Phelps, McMaster, law shall hereafter be passed to raise money by
Fooks, Jacobs, Carter, Thawley, Fiery, John taxation, with aview to the payment of any part
Newcomer, Kilgour, Brewer, and Waters-30. of the principal of the State debt."
wcoer, F  itzpatrick, Parkew, Soerand  Berown-3 Mr. JAC Blaks   asked to withdraw the last branch
3Negative-Messrs.  Donaldson, Wells, Bu-   Mr. J       asked withdraw the last bran
chanan, Bell Welch, Chandler Ridgely, Lloyd, of said amendment, but the Chair stated, that the
Dick       inson, S                    hell, Welc, Cohnstabler,              Serw
Dickinson, Sherwood of Talbot, Constable, yeas and nays having been commenced being taMiller, McCubbin, George, Wright, Thom- ken by the Clerk, the Convention must proceed
as, Gaither, Biser, Annan, Sappington, Ste- in taking the vote.
phenson, McHenry, Nelson, Gwinn, Stewart,     And the question was taken and resulted as
of Baltimore city, Brent of Baltimore city, Sher- follows:
wood of Baltimore city, Presstman,Ware, Schley,  Jffirmative-Mr. Fooks-1.
Neill, Harbine, Michael Newcomer, Weber,      Negative-Messrs. Chapman, President,MorSlicer, Fitzpatrick, Parke, Shower and Brown- gan, Blakistone, Dent, Hopewell, Ricaud, Lee,
39.                                         Chambers of Kent, Donaldson, Wells, Sellman,
So the seeond branch of the amendment was Weems, Sollers, Jenifer, Buchanan, Bell, Welch
rejected.                                  Chandler, Ridgely, Lloyd, Dickinson, Sherwood
Mr. JACOBS. I have one other proposition. of Talbot, Colston, James U. Dennis, Crisfield,
which I desire to submit. And I move the pre- Dashiell, Williams, Hodson, Phelps, Miller, Mcvious question on its adoption.            Cubbin, Grason, George, Wright, McMaster,
The amendment was read as follows:       Hearn, Jacobs, Thomas, Shriver, Gaither, Biser,
"The Legislature shall at its first session aft.er Annan, Sappington, Stephenson, McHenry, Nelthe adoption of this Constitution, and from ti me son, Carter, Thawley, Stewart of Caroline,
to time thereafter, diminish by law, the di.ect Gwinn, Stewart of Baltimore city, Brent of Baltaxes of the State, to a minimum, equal onl.y to timore city, Sherwood of Bait. city, Presstman,
pay the interest on the present State debt; and Fiery, John Newcomer, Harbine, Michael Newno law shall hereafter be passed to raise raoney comer, Kilgour, Brewer, Waters, Weber, Slicer,
by taxation with a view to the payment,of any Fitzpatrick, and Brown —66.
part of the principal of the State debt."     So the second branch of the amendinent was
There was a second to the demand for the rejected.
previous question.                            The twenty-second section of the report was
And the main question was ordered to be Aow then read, and, no amendment having been oftaken.                                      fered, was adopted as follows:




380
Sec. 22nd. No extra compensation shall be ble in any civil action or criminal prosecution,
granted or allowed by the General Assembly to whatever, for words spoken in debate.
any public officer, agent, servant, or contractor  The twenty-ninth section of the report was read,
after the services shall have been rendered, or and no amendment having been proposed, was
the contract entered into, nor shall the salary or read as follows:
compensation of any public offieer be increasedouse of Delegates may inor diminished during his term of office.   quire, on the oath of witnesses, ito all comThe twenty-third section of the report was plaints, grievances and offences, as the grand inthen read as follows:                      quest of the State, and may commit any person,
Sec. 23rd. No county now established by law, for any crime, to the public jail, there to remain
shall ever be reduced by the establishment of any until discharged by due course of law-they may
new county, to a population of less than   examine and pass all accounts of the State reiathousands, nor shall any new county be hereafter ting either to the collection or expenditure of the
established with a population of less      revenue, or appoint auditors to state and adjust
thousand.                                   the same-they may call for all public or official
This section was informally passed over.  papers and records, and send for persons whom
The twenty-fourth section of the report was they may judge necessary in the course of their
then read, as follows:                    enquiries concerning affairs relating to the pubc, ^.,~~~, tT  *  ^i  *   lie interest, and may direct all oice bonds which
Sec. 24th. No senator or delegate shall, during shall be made pyable to the llate, to be se ic
the term for which he shall have been elected,     breac     t
for any breach of duty0
be appointed to any civiloffice in this State, whichh 
shall have been created, or the salary or emolu- The thirtieth section of the report was read
nents of which shall have been increased during a dopted as follows
such term; and no senator or delegate, during  Sec. 30th. In case of the death, disqualification,
the time he shall continue to act as such, shall refusal to act, expulsion or removal from  the
be eligible to any civil office.            county or district for which he shall have been
Mr. HARBINE suggested that the gentleman elected, if any person shall have beon chosen as
from Prince George's, (Mr. Tuck,) had given a Delegate or Senator, or in case of a tie between
notice of an amendment which he intended to of- two or more qualified persons, a warrant of elecfer. [It appeared that Mr. T. had been unexpect- tion shall be issued by the Governor, or person
edly called from the city by sickness in his fami- exercising the functions of Governor for the
ly.]                                        time being, for the election of a Senator or DeleAfter some conversation,                 gate, as the case may be, to supply the vacancy,
The section was informally passed over.  of which not less than ten days notice, exclusive
The twenty-fifth section of the report was readof the day ofnotice and da of election, shall be
and adopted, as follows:                   given; provided, however, that unless a meeting
Se. 25th. Each House may determine the of the General Assembly may intervene, or the
Sec. 25th. Each o lwouse may determine thed vacancy shall occur during the session of the
rules of its own proceedings, punish a member General Assembly, the election to fill the same
for disorderly or disrespectful behaviour, and shall take place on the day of.the ensuing genewith the consent of two-thirds, expel a member  al elecon
but no member shall be expelled a second time     thirty-first section  of te report was read,for the same offence.                        The thirty-first section of th-e report was read,
for the same offence.
and no amendment having been offered, was
The twenty-sixth section of the report was read adopted as follows:
and adopted, as follows:                      Sec. 31st. The senators and deleegates shall reSec. 26th. Each House may punish by impris- ceive such compensation for their services as
onment, during the session of the General As- may be allowed by law; but no law  increasing
sembly, any person not a member, for disrespect- or diminishing the compensation shall be made
ful or disorderly behaviour in its presence, or for to take effect until alter the general elections
obstructing any of its proceedings, or any of its next ensuing the passage thereof. No book or
officers in the execution of their duties; provi- other printed matter not appertaining to the buded, such imprisonment shall not at any one time siness of the session, shall be subscribed for, for
exceed ten days.                            the use of the members, or be distributed among
The twenty-seventh section was read, and no them.
amendment having been offered, was adopted, as  The thirty-second section of the report was
follows:                                    read, as follows:
Sec. 27th. The members of each House shall,  Sec. 32nd No law passed by the General Asin all cases, except treason, felony or breach of sembly shall take effect until the expiration of
the peace, be privileged from arrest during their        days, from the closing of the sesattendance at the sessions )f the General Assem- sions at which it may be passed, unless it be exbly, and in going to and returning from the same, pressly declared on the face of the law, that it
allowing one day for every thirty miles such shall take effect on or after a different day; and
member may reside from the place at which the no law of a public nature shall take effect until
General Assembly is con vened.              the same shall be published.
The twenty-eighth sectlion of the report was  Mr. PHELPS moved to fill the blank in the seread and adopted, as follc ws:              cond line with'6 ninety."
Sec. 28th. No senator c i -delegate shall be lia-  The amendment was agreed to.




381
And the question recurring on the adoption of cent person may have been convicted, and proof
the section, as amended-                    of his innocence may have subsequently come
After some explanatory conversation on the to light. The Governor should in such case parpart of Messrs. BRowN, HARBINE, PRESSTMAN, don the convicted: and yet, as the clause stands,
SOLLERS and CHAMBERS, of Kent,              he may be deprived of the right of voting.
Mr. CHAMBERS, of Kent, moved to amend said  Mr. SOLLERS moved to amend said section by
section by adding at the end thereof, these words, adding at the end thereof, these words, "unless
"in such mode as the Legislature may direct."  such person shall have been pardoned by the exMr. RBIDGELY submitted that the last paragraph ecutive."
was superfluous, and moved, therefore, to strike  The question was then taken, and
out the following words:                     The amendment was agreed to.
"And no law of a public nature shall take ef-  The question then recurring on the adoption
feet until the same shall be published."    of the section, as amended,
The question was first taken on the amendment  Mr. STEWART, of Caroline, moved further to
of Mr. CHAMBERS, of Kent.                  amend said section by striking out in the second
And the amendment was agreed to.         line, these words, "'the privilege of voting at
The question then recurred on the motion of elections, or of."
Mr. RIDGELY.                                FHe, (Mr S.) objected to the amendment, beMr. RIDGELY withdrew his motion.         cause it was already included in the report on
And the question recurring on the adoption of he elective franchise, in nearly the same terms.
the section, as amended,                    It cannot produce any effect even if we insert it
On a suggestion by                        here. How can the legislature prevent the peoMr. STEWART, of Carolirne, the words "or af ple from electing any person they may think
ter " be stricken out.                      proper to represent them. All they would have
Mr. PRESSTMAN explained that the insertion of the poweer to do, would be to prevent him'from
the words "' or after," was a mere typographical being qualified.
error.                                        Mlr. CA MERS, o fKent, moved to amend said,
And then the article, as amended, was adopted. section by striking out in the second and third
The thirtythird section of the report was read, lines, these words, "being elected to either House
as follows:                                 or of being elected or appointed to," and insertSec. 33rd. The General Assembly shall have ing in liel thereof "holding."
full power to exclude from the privilege of vot-  Mr. C. explained to the gentleman from Caroing at elections or of being elected to either line, (Mr. Stewart,) that the report of the conHouse, or of being elected or appointed to any mittee on the elective franchise was an absolute
civil or military office in this State, any person and unconditional constitutional provision. This
convicted of perjury, bribery, or other infamous left the matter to the discretion of the legislacrime.                                     ture. It would be better, he thought, notto disMr. PRESSTMAN referred to a discussion in the turb the language of the section in this particearlier part of the session, when the report on ular.
the elective franchise was pending, when some-  Mr. JOHN NIEWCiOMEi moved to strike out the
thing was said about the effect of constitutional section, believing, he said, that the provision in
disfranchisements upon the commission of of- the report on the elective franchise to be suffifences, and whether in case of pardon by the ex- cient.
ecutive, or fulfilment of the punishment allotted,  The amendment was not now in order.
would restore a party to his civil rights.    Mr. STEWART, of Caroline, asked the gentleThe gentleman from Calvert, (Mr. Sollers,) man from Kent, whether if this amendment were
seemed to have some doubt upon this point and adopted, it would not require that the legislature
at his suggestion, qualifying terms had been em- should pass a special act for each particular
ployed. I-e had instanced at the time the offence ase' 
of duelling among other violations of the law.and  Mr. CIABERs t, replied that the legisthought that the pardoning power might not be lature have the power, and can exercise it at
sufficient to restore the rights of the party.  their  iscreion; and the legislature will still
He, t[Mr. P.,] had th      t eery offence have th power whether this provision shall be
was purged by pardon or the actual fulfilment in the Constitution or not.
of the sentence of punishment. It was of impor-  lMr. STEWART,. of Caroline, said he was oppostance enough to have the matter well understood ed to the proposition. He did not thilk it right
and if he was wroa! in his view, or if there was to place any restriction on the people, as to the
anry uncertainty, the section had better be amend- per they should elect as their representative.
ed. Ele did not favor in any manner, a perpet-  Mr. WEiEM said, he had not that perfect unual disfranchisement for any offince.       derstanding of the import of the section, which
Mr. SOLLERS explained, that his idea was, that he wished to have before he gave his vote. He
the provision should be amended, so that after a was now asking for information of those who
person convicted of an infamous crime had been were more skilled in legal matters, what was
pardoned by the executive, the disqualification mIeant by iSfamo'us crinme? Now, he might conshould be removed. There might be cases sider it infhmous, if a gentleman were to spit in
where it would be the duty of the executive to his face. And if he were to knock down the
exercise the prerogative of pardon. An inno- person who committed the outrage, that might




382
be considered as infamous in him. He wanted told that if you bray a fool in a mortar with a pessomething more definite in the phraseology, such tle, his foolishness will not depart from him. So
as perjury, felony, &c.                    that whether we insert techicalities or any thing
Mr. CHAMBERS, of Kent, said, the words used  else, the fool will not understand. His object
were technical words in common law, and in corn- was to make the Constitution plain to men of orEDn law treatises; and to strike them out might dinary intellect; he was not making war against
isvolve us in difficulty. It depended on thepun- technicalities which, he had no doubt, were
Hhment affixed by law to a crime..         found useful. The gentleman from Baltimore
Mr. WEEMS resumed. He was opposed to too was a lawyer, and was familiar with these exanany technicalities in the Constitution. The pressions. But he, (Mr. W.,) said he was not a
people are complaining of them. These terms lawyer, nor were a majority of the people laware beyond their comprehension. A great ma- yers, but he did not object to the desire of the
jority of the people are not in a situation to refer gentleman from Baltimore to retain technicalito law books. Many who have capacity to corn- ties in the courts of law. He, (Mr. W.,) had alprehend, have no means of reference to books, ready stated his inexperience in Constitution maand cannot understand the meaning of these king. He had not even ventured to suggest a
terms. As far as it could possibly be done, he single article; he left the work to those who had
would wish to expunge all technicalities. He more practical knowledge of the business. But
did not like to oppose any thing coming from  when articles were presented to him for his opinsuch a high source as the gentleman from Kent, ion, then he was required to call his judgment
but he did desire to see the organic law made as into action, and he would act independently; and
comprehensible to the masses as it could be. when he felta doubt, he would seek for further
The explanations of the gentleman were not sat- information. No one had a greater respect for
isfactory to his mind, as he could have wished. the profession of the law than he had. But he
Let the organic law be so plain, that he who runs had noticed with deep regret, that when a plain
may both read and understand it.            man, as he was, rose to say any thing in this
Mr. PRESSTMAN thought it was due to the corn- body, the lawyers immediately begin to put quesmittee, to say, that the construction they put up- tions to him, until they embarrass him. He,
on the phrase "infamous crime," was the same however, was not to be deterred from seeking
as that which the gentleman from Kent, (Mr. information to guide him right in his votes. Ile
Chambers,) had indicated. It meant, lie thought, would merely say in conclusion that he would
most unquestionably, no other offence, at least, like some other words in this case, or he would
than such as were punishable capitally or by im- like to hear a more satisfactory explanation as to
prisonment, in the penitentiary, though strictly the extent of the meaning of those which were
speaking, some offences punishable under certain used.
acts of Assembly might not be deemed infa-   Mr. SOLLERS expressed a wish that the entlemous at common law. There could not be any man from   Baltimore would show him where it
room to enlarge the catalogue of infamous crimes was laid down that a man must have been in the
beyond those he had specified. As to the idea penitentiary before his crime could be called inthat the Constitution can be free from technicali- famous? He understood him to say that whethties it is wholly out of the question. To courts er it was an "infamous crime" or not, must deof law, any other than technical words defining pend on the sentence of a court. It must be very
crime would be mere jargon. There is scarcely well known to gentlemen round him, that courts
a man in Maryland, outside of the legal profes- do not always decide the same way. He believsion, who in cases of homicide, knows the pre- ed that even the Court of Appeals had decided
cise distinction between murder in the first and both ways. At the beginning of a term, he had
second degrees, and manslaughter. Neither So- known a court to decide one way, and before the
Ion, Lycurgus, nor any of the greatest lawgivers end of the term, decided the other'way. It was
in the world, ever yet found a mode of framing his wish to put a restraint on the courts, so fir as
laws so simple and plain, that "a wayfaring man, this matter goes.
though a fool," might understand them. Should  Mr. PRESSTMAN expressed his regret that the
any man succeed in that effort, he would enrich gentleman from  Calvert, (Mr. Weems,) would
himself beyond the cunnings of all the inventors for a moment suppose that he had not heard any
of patent medicine. To discover that would be views or suggestion he might make, or any other
to discover the philosopher's stone. Lawyer's member, with the most entire respect and courbecome acquainted with these terms by study and tesy. Indeed, he would take occasion to say, as
practice-they are the tools of their trade, and that gentleman had disclaimed any unkind impuby them all things are made comparatively easy. tation, that he entertained for him the highest
So a farmer may make himself perfectly intelli- respect, as well for his intelligence as his strict
gible to another farmer by the use of terms and integrity. And he must have been understood
phrases which are only familiar to those engaged in a way far different from that he intended, if
in agriculture. It is so in all other pursuits as any gentleman thought that by the denial of legal
well as in the science of the law, and they are in- and technical knowledge to many of those around
dispensable.                                him, sufficient to frame a Constitution in all its
Mr. WEEMS, in reply, said he had never enter- parts, he would wish to arrogate any superiority
tained the idea that the Constitution could be to the profession of which he was an humble
made so simple as to be comprehensible to a fool. member. Among the most esteemed and valued
He knew that could not be done, because we are friends he had in that body, and in whose judg



383
ment upon many weighty matters he had often to stitute the word, felony, for the phrase, infamous
rely, were gentlemen not bred to the law.  crimes.
To intelligent men he never had any fear of  The amendment was not now in order.
speaking the truth; it is only the ignorantwho  The question was then stated to be on the
profess to know  every thing. Lawyers bow  amendment of Mr. CHAMBERS, of Kent, andhavwith deference to the superior attainments of ing been taken,
others, who have devoted their lives to a particu-  The amendment was agreed to.
lar calling.                                 Mr. CONSTABLE then offered his amendment,
To draught a law  or frame a Constitution (as above indicated.)
is in many respects peculiarly appropriate to  A biief legal discussion, technical'and cllolawyers, though to pass upon its expediency or quial in its character, here took place; in which
fitness for the wants of the people required it was contended, by Mr. CONSTABLE, that if the
sound common sense, which belonged to no class infamy of an offence was decided by the fact of
exclusively,                               confinement in the penitentiary, under th6 fifths
He repeated what he had said, of the certain amendment to the Federal Constitution, the ofdefinition of the term, infamous crime. HIe had fence of assault and battery is infamous, because
tried cases where witnesses was objected to as it is presentable in the United States courts by a
incompetent totestify, having committed an in- Grand Jury, and punishable by confinement in
famous crime; the courts and lawyers readily the penitentiary. He also stated, that in Harunderstood the term. Th party in order to tes- ford county, a man who had been convicted of
tify, must have purged himself of the offence by an infamous crime twenty years before, and had
having served out the punishment allotted, or served out his imprisonment, was rejected as an
produce the evidence of pardon.            incompetent witness.. S S si, he ws nt s d w    t    Mr. CHAMBERS dissented from this view, that
Mr. SOLLERS said, he was not satisfied with the assault and battery, and misdemeanor, could be
explanation of the gentleman from Baltimore.
It appeared then, that the courts had to deter- classed among infamous crimes.
Mr. PRESSTMAN insisted that the gentleman,
mine this question. What is, and what is not an from Cecil, (Mr. Constable,) had raised this
infamous crime, is a rule of court, to be decided
by the dictuln of the court. But if it so happequestion as an argument, which did not express,
by th  dt u the court d ree,. But if it so happen his real sentiments, and contended that the term.
that the court disagree, who is to decide? Take nfamous crime," exists in the law books with
the case of a duel; it is an assault with intent to a technical meaning, including treason, felony,
kill, but although no one is hurt, yet the accused and all offences which come within the  crimey,
may be convicted of an infamous crime and must ad allofees wih come wiin te "ertai
pay the penalty  And yet, would any man pre- the committee had designated some offences by
tend to say that such a person ought to be re- name, and then added the word "infamous " to
garded as infamous? According to the definition cover the rest. Because the courts may commito.
of the gentleman from Baltimore, however, he er  was not a sufficient reason for chaning
might be held so by the decision of the court.  th langae of t      books.
the language of the books.
Mr. CONSTARLE objected to the phrase infa-  The question then recurred and was taken on
mnous crimes, because its meaning was uncertain, the amendment of Mr. CONSTABLE.
and there might be a want of uniformity in its  The amendment was agreed to.
application, arising from a diversity of opinion  The question then recurred on the amendment.
as to import, which would operate injustice.  of Mr. STrWART, of Caroline.
He also thought it objectionable as investing  Mr. CHAMBERS said, the gentleman from Cal'
the legislature with an indefinite power to ex- vert, (Mr. Weems,) had asked what was to be
tend these disabilities. Whatever might have understood by the words "infamous crime," and!
been the crimes known as infamous at common had remarked that to spit in the face of a gentlelaw, and he believed there were none below the man would be an "infamous crime."
grade of felony, it was obvious that they might  Mr. WEEMS explained.  He did not say it
be multiplied indefinitely by statute. Thus for- would be. He put the matter hypothetically.
gery, which was not afelony at common law, and He repeated what he had before said.
hence not embraced in the class of offences  Mr. CHAMBERS said, let it be so. He then
which it denounced as infamous had been made went into a technical argument to show that the
so by act of parliament.                   term was known to common law and to lawyers.
In the same manner, assault and battery and  It was very desirable to use definite language,
other trivial misdemeanors, may be made infa- and when words had acquired a known meaning,
mous crimes; and those who commit them be sub- the more technical the better. Nothing produjected to the harsh disabilities imposed by this ced more confusion than the use of words of varisection. This phrase then, was liable to be ex- oussignifications. He instanced the word "clever,"
tended both by legislation and construction, and if which in different locations indicated very differdone by the latter, the same crime when commit- ent qualities, such as intelligence in one place,
ted by different persons might not always be visit- honesty in another, and fine social habits in a
ed with these disabilities. In order to obviate third. He denied that assault and battery was
this objection, though not that resulting from leg- at common law regarded as amongst "infamous
islative extensions, hich could only be avoided crimes," nor was it so classed by the fifth section
by a specific enumeration of the offences intended of the amendments to the Constitution of the;
to work these disabilities, he would move to sub- United States, as had been said by the gentleman




384
from  Cecil, (Mr. Constable.) That section did mittee on the Elective Franchise had not been
not mention the crime of assault and battery at finally disposed of, but had only been  gone
all, and the idea, that because an indictment was through with in committee of the whole. There
necessary in the case of an "infamous crime." had been, as yet, no action on it on the part: of
and also in "assault and battery," therefore as- the House on the Elective Franchise report.
sault and battery was an infamous crime, was Nothing had been decided in reference to it. It
quite untenable. That fifth section had nothing depends on the action of the House whether it
to do with the question. That gentleman had shall be a part of the fundamental law or not. If
also spoken without his usual consideration when the clause of disfranchisement should not remain
he said "forgery" was not a crime at common in the report on the Elective Franchise, it ought
law. Hle read from Blackstone's commentaries to be in this. If it should be determined to insert
to show what was intended by "infamous crimes," the clause of disfranchisement, the Legislature
and also to prove that forgery was a common law  need not to pass any law on the subject, because
offence.                                   it will be contained in the Constitution. He
Mr. CONSTABLE reiterated what he had before hoped the section would remain as it is.
said in reference to the subject.            T'he question then again recurred, and was taMr. McHENRY hoped that the amendment ken on the amendment of Mr. STEWART, of Carwould be adopted. The language of the Consti- oline, and by ayes 25, noes 27,
tutution should be such as will be intelligible to  The amendment was rejected.
all, not merely to the legal profession, who could  The question recurred on the section as amendnot at all times comprehend it; for we have had ed.
to-day some proof of ttie glorious uncertainty of  On motion of Mr. BRENT, of Baltimore city,
the law. He hoped, therefore, that the terms  Said section was amended by inserting after
adopted, would be intelligible to those who usu- the word' person" in the fourth line, these
ally constituted our Legislatures. There was, in words, " who may hereafter be."
the good old times of merry England, a Parlia-  The amendment was agreed to.
ment which obtained the name of the Blessed   The section, as amended, was then adopted.
Parliament, and this was because not a single  Mr. McHENRY gave notice that on to-morrow
lawyer had a seat in it. It was, by no means, he should move to reconsider the 21st section of
impossible that we should one day see in this the report.
State a Blessed Legislature.                 And the Convention adjourned until to-morrow
Mr. PRESSTMAN, (interrupting,) said.  The at ten o'clock.
gentleman could find no man in the State, out of
the profession, who could define felony.
Mr. McIHENRY replied that he had only meant
to show that there were great discrepancies of
opinion among the lawyers, as to the words first
used. Probably there would be difficulty in getting at a correct aud precise definition of anyIDA, February28,1851.
word.
Mr. PHELPS said that this same provision wvas  The Convention met at ten o'clock.
in the report on the Elective Franchise. In that  Prayer was made by the Rev. Mr. GRIFreport the provision went no further than to place PITH.
the power in the hands of the Legislature. It  The roll was called, and
wias so in that report, and he thought the Legis-  The journal of yesterday was read and aplature should have the same power here.     proved.
Mr. STEWVART, of Caroline, said it was gene-            E  COM
rally unnderstood that the committees appointed /         HE  OMP
early in the session, would report on the subjects  The PRESlusNr laid before the Convention the
referred to their charge. They had various du- following communication from His Excellency
ties assigned to them; and the duty assigned to the Governor of Alabama:
one committee ought not to be permitted to run
into the duty of another. This clause had been            EXECUTIVE CHAMBER, 
inserted in the report on the Elective Franchise;   MIontgomery, ia., Feb. 18, 1851.
and, if gentlemen would turn to that report, they I-Ion, J. G. CHAPMAN:
would find an amendment which, included all  SiR: I have the honor to acknowledge the rewhich he had moved to strike out. It is similar; ceipt of yours' of the twelfth of December, with
and the advantage of having all the laws on one the accompanying "Report of the committee of
subject included in one bill, must be apparent to the Maryland Reform Convention, on the late
all. No man looking for the provision against acts of Congress, forming the compromise, &c."
bribery would think of turning to the legislative Maryland has spoken frankly and patriotically.
report to find it. If it related to the subject of 1 sincerely hope her voice may receive a harmovoting at elections, he would naturally turn to nious response from the North, the East and the
the report on the Elective Franchise; and, if he West-the South will be true to the Union so
could not find it there, he would probably come long as the "sacred charter of our rights" is resto the conclusion that there was no provision in pected and honored, and the general government
the Constitution concerning it.            manifests a willingness and ability, "to enforce
Mr. PHELPS said that the report of the com- the hlaws inade for our protection."




385I have the honor to be, with great respect,  Mr. DORSEY said, this was an important subyour obedient servant,                      ject, and he moved the roferenceb the petition
H. W. COLLIER,      to a select committee,'to be comnposed of seven
Which was read.                           members.
Ordered accordingly.
THE SCHOOL SYSTEM OF ALABAMA.
KENT COUNTY.
The PRESIDENT also laid before the Convention
the following communication from His Excel-   The PREIDENr also- laid before the Conven.
lency, the Governor of Alabama:              tion a report from the clerk of the Levy court
of Kent county, in relation to the fees allowed
EXECUTIVE CHAMBER,           the Attorney General and his Deputies by said
Montgomery, qla., Feb. 6, 1851.    county.
Hon. J. G. CHAPMAN:                           Which was read, and
SIR: During my absence frbm    the Seat of  Referred to the committee appointed on the
Government, your letter of the twenty-fifth of Attorney General and his Deputies.
November, was laid upon my table, instead of  Mr. JACOBS expresseda desire to change his
being sent to my residence, Tuscaloosa, as my vote on the secondbranch of the substitute
Secretary should have done; and consequently, amendment, which he had yesterday offered.
did not meet my eye until within the last week.  The PRESIDENT said, that the result would not
I now answer it as a mere apology for my seem- be changed by the change of' the gentleman's
ing neglect.                                vote; but that the unanimous consent of the
Our educational system may be seen by a re-'Convention would be required to enable the genference to the laws of Alabama, which'are de- tleman to make the'change.
posited in the department of State, of the several  No objection having been made,
States. We have.a University endowed with     The vote of Mr. JACOBS was changed on the
$250,000, six per cent. State stock, a small an- said proposition, from  the affirmative to the
nual revenue from rents, &c.                negative.
We have a sixteenth section schoo.l fund,
amountinto more than $,00, invested in        THE LEGISLATI   DPARTMENT.
six per cent. State stock. This fund being in  Mr. DoRsEY, who had been absent from his
common, but to the townships in proportion to seat yesterday, for a considerable portion of the
the sum, at which their respective sixteenth sec- day, in consequence of indisposition, expressed
tion sold, is doing but little good, especially in the a desire to move certain amendments to sections
poor districts where it is most needed.     twenty-seven, thi, thirtytir-one and thirty-three,
In Mobile and the larger towns, the common  of the report of the legislative department, which
school system of education, if properly managed had been passed upon. And he desired to move
succeeds very well, but in the sparsely populated  a reconsideration of these sections with a view
parts of the State, it has not hitherto promised to move the amendments.
veryl beneficial results.,             Mr. D. was proceeding to explain the characThe landsgiven us by Congres                 of     amendments, for the estab-n
lishment of a "Seminary of Learning," have not  r THO   S s      d tt it o     
yielded one-half the sum at which they could that   ctions should be reconsidered sepathat the sections should be  reconsidered   sepahave been sold, owing to the unwise and extrarately-tbat the Convention  might th e better unordinary legislation in respect to them. But the rately-that the Convention might the better unfund is now  well secured. The same remark derstand the several propositions of the gentlefun   d is n ow well secured. The same remark
will apply to many of the sixteenth sections.  la fom AneArundel, (Mr. Drsey.
Mr. DoRtsE~, accepting the suggestion, moved
I am sure this information will be worth notha reconsideration of the vote, by which the twening to the Convention, even if it had not adjourn- ty-seventh setion of the report had been adopted. Even as a matter of history, it is hardly ed.
worth reading.
tnworth reading.  taprvsod                    The vote was reconsidered.
With great respect, I have the honor to be,  Te    e   s e        ed.
your obedient servant,                        Mr. DORSEY then mored to amend the sai I
H. W. COLLIER.    section by striking out in the second line, thu;
words "breach of the peace," and inserting in
Which was read, ansntod o  v   f    a       rlieu thereof other criminal offence."
Referred to committee No. 14.               Mr. D. said, it seemed to him to be proper
LICENSE SYSTEM.        that, if members of the legislature were to be
subjected to arrest for treason or felony, they
The PRESIDENT also laid before the Conven- ought also to be subjected to arrest for receiving
tion apetition from sundry citizens of Washing- stolen goods, knowing them to be stolen, and for
ton county, praying that provision may be made other offences.
in the new Constitution, that the privilege to sell  Mr. THOMAS suggested that the object of the
intoxicating liquor shall not be granted to any  gentleman would be accomplished by striking
person in any part of the State, except the same out the words "breach of the peace," and inshall first be sanctioned or approved of by a ma- serting the words "or other criminal offences."
jority of the votes in the district where the  Mr. DORSEY accepted the modification.
same is to be sold.                           The amendment was agreed to.
Which was read.                             And the section, as amended, was adopted.
49




386
Mr. DORSEY then moved a reconsideration of  Mr. DORSEY now moved to reconsider the vote
the vote, by which the thirtieth section had been by which the thirty-third section of the report
adopted.                                   had been adopted.
The vote was reconsidered.                 Mr. D. explained that he made this motion
Mr. DORSEY moved to amend the said section with a view so to amend it, as to make more deby striking out in the second line the word "dis- finite the crimes for which persons should be extrict," and inserting "city," and in the first line cluded from voting, or holding office, &c.; and
after the word "disqualification," inserting "re- also that the Convention should itself exercise
signation," and in the fourth line by inserting powers which were appropriatelyktheir own, inthe word "such," between the words "more," stead of leaving their exercise to the Legislaand "qualified."                           ture.
Mr. BROWN suggested to Mr. DORSEY to in-   The question was taken on the motion to resert "city" instead of "district," in the second consider, and by yeas 22, noes 36,
line.                                         The Convention refused to re-consider the
Mr. DORSEY accepted the suggestion.      vote.
And the amendment was agreed to.           So the amendment of Mr. DORSEY was not enMr. DORSEY then moved further to amend said tertained.
section by striking out from the word "issued,"       MOTIONS TO RE-CONSIDER.
in the fifth line, to the end of said section, and
inserting in lieu thereof, the following:     Mr. MORGAN, in pursuance of the motion he
"By the Speaker of the House of Delegates or had yesterday given, moved to amend the twentyPresident of the Senate, as the case may be, for second rule by inserting after the word "re-conthe election of another person in his place, and sidered," in the fourth line, the words "on the
in case of such resignation or refusal to act, be- same day."
ing communicated in writing to the Governor,  Mr. M. stated that, after reflection, he had deby the person making it, or such death occur du- cided to offer the amendment in the form in which
ring the legislative recess, and more than ten  he now presented it, instead of that which he
days before its termination, it shall be the duty had yesterday indicated.
of the Governor, to issue a warrant of election to  After some explanations between Messrs. MoRsupply the vacancy thus created in the same  GAN and BROWN,
manner that the said Speaker or President might  The question was taken and the amendment
have done during the session of the legislature, was agreed to.
of which election not less than ten days notice  So the rule was amended accordingly.
shall be given,'exclusive of the day ofthe publi-  T     ISATI      ATM    T
cation of the notice, and of the day of election;
provided, however, that unless a meeting of the  The Convention then passed to the orders of
General Assembly may intervene, the election  the day, and resumed the consideration of the rethus ordered to fill such vacancy shall be held port of the committee on the Legislative Departon the day of the ensuing election for delegates ment of the Government.
and senators."                               The Convention resumed the consideration of
Mr. D. said, his object was to give to the the thirty-first section (which had been informGovernor the power of ordering elections, when ally laid over.)
the parties elected, died, or resigned. But in  Mr. JOHN NEWCOMER, pursuant to the notice
the other cases-such as disqualifications, re- he had given, now moved to strike out the said
movals, &c.-it seemed to him that the legisla- section and insert the following:
ture was the proper branch to decide upon such  "The members of the Legislature shall receive
cases.                                      three dollars per diem, as a compensation for
The amendment was agreed to.              their services, and the sum of one dollar for
And the section, as thus amended,. was every ten miles they shall travel, once going to
adopted.                                    and once returning from their place of meeting,
Mr. DORSEY moved a reconsideration of the on the most usual route. No book or other
vote by which the thirty-first section of the re- printed matter not appertaining to the business
port had been adopted.                      of the session shall be subscribed for, for the use
The vote was reconsidered.                of the members or be distributed among them."
Mr. DoRseY moved to amend the said section
Mr. DORSEY moved to amend the said section  Mr. MITCHELL called for a division of the quesby striking out the words "the general," and in- tion-which was ordered 
serting the words "their elections."          And the
Mr. D. said, that he made this motion in ac-    the question was first on striking out.
cordance with what had been sanctioned by the  Mr. JOHN NEWOMER asked the yeas and nays,
House in some of the preceding articles of the re- which were ordered, and being taken, resulted as
port.                                       follows:
The amendment was agreed to.                ffirmative —Messrs. Mitchell, Bell, SappingThe question recurring on the section as amend- ton, Stephenson, Nelson, Thawley, Hardcastle,
ed;                                         Fiery, Neill, kJohn Newcomer, Harbine, MiMr. JOHN NEWCOMER expressed his desire to  chael Newcomer, Slicer and Parke-14.
offer a substitute for the section..Negative-Messrs. Chapman, Pres't., Morgan,
Whilst Mr. N. was preparing the substitute,  Blakistone, Dent, Hopewell, Ricaud, Lee,ChamThe section was informally passed over.   hers of Kent, Donaldson, Dorsey, Wells, Sell



387
man, Weems, Bond, Jenifer, Buchanan, Welch,  The PRESIDENT stated that the amendment of
Chandler, Ridgely, Lloyd, Colston, James U. the gentleman from Queen Anne's (Mr. Grason,)
Dennis, Crisfield, Phelps, Chambers of Cecil, was not now in order, the amendment of the genMiller, McLane, Grason, Wright, McMaster, tleman from Anne Arundel, (Mr. Dorsey,) being
Hearn, Fooks, Jacobs, Thomas, Shriver, Gaith- before the Convention.
er, Biser, McHenry, Gwinn, Brent of Baltimore  Mr. DORSEY waived his amendment for the
city, Sherwood of'Baltimore city, Presstman, present, to allow the gentleman from Queen
Ware, Kilgour, Brewer, Waters, Weber, Holly- Anne's to offer his.
day, Fitzpatrick, Shower, and'Brown-51.      So the question was on the amendment of Mr.
So the Convention refused to strike out the sec- GRASON.
tion.                                        On a suggestion made by Mr. JoHN NEWCOMER,
Mr. STEPHENSON moved'to amend the said sec- in relation to mileage,
tion by adding, at the end thereof, the words "at  Mr. GRASON modified his amendment so as to
the expense of the State."                 make it read " and the mileage now allowed by
Mr. CHAMBERS, of Kent, had no objection to law."
the amendment, he said, but suggested that the  Mr. BROWN suggested that it would be better
object proposed to be effected, and which he to leave the subject to the discretion of the Le
desired to see effected, would be accomplished by gislature, to act as the facilities and changes ia
the language as it now stood in the section.  the mode of travel might render proper.
Mr. STEPHENSON submitting, he said, to the  Mr. GRASON again modified his amendment
better judgment of the gentleman from Kent, in accordance with this suggestion.
(Mr. Chambers,) withdrew his amendment.      The question was then taken,
Mr. PRESSTMAN moved to amend the said sec-  And the amendment was agreed to.
tion by inserting after the word "law," where  Mr. GRASON moved further to amend the said
it occurs in the second line, the following:  31st section, by inserting in the fifth line, after
"And that each county of the State and the the words "shall be," the words "purchased
city of Baltimore, shall defray the per diem and or."
mileage of the members of the General Assembly  The amendment was agreed to.
elected, by said county or city, in a manner to  The question then recurred on the adoption of
be provided by law.                         the section as amended.
The amendment was rejected.                 Mr. HARBINE moved to reconsider the vote of
the Convention on the amendment offered by Mr.
Some conversation followed, on a suggestion the  onnton on the amendment offered by Mr.
0 r   l   s GRASON, and just adopted, for the purpose of ofmade by Mr. CHAMBERS, of Kent, as to the con- GRASN  n      ad  ed    the purpose of ofstruction of the section as it read with the words ferng the following amendment:
"the general," stricken out under the motion of  Strike out the words " such mileage as may
Mr. DoRSEY.                                 be allowed by law," and insert in lieu thereof
Mr. PHELPS moved a re-consideration of the " the sum of one dollar for every ten miles they
vote adopting the amendment, and            shall travel in going to, and once returning
The question being on agreeing thereto;   from, their place of meeting, on the most usual
Mr. THOMAS suggested to the gentleman from  route."
Anne Arundel, [Mr. Dorsey,] to insert, in lieu of  Mr. H., in explanation, said, that this was the
the word "general," in the fourth line, the words language adopted in the Constitution of the State
"for Senators and Delegates."               of New York, and of a number of the Western
Mr. DORSEY accepted the suggestion.       States, that had recently formed new ConstituNo question had been taken on the amendment, tions. The same reason which applied to fixing
when                                        the per diem, applied also to the mileage.
Mr. GRASON moved to amend the said 31st sec-  Mr. BLAKISTONE said he should vote against
tion by striking out the first four lines in said see- the proposition. The gentleman from Washingtion to the word "thereof" inclusive, and insert- ton, (Mr. Harbine,) who had introduced it, was
ing in lieu thereof the following:          one of the favored few. That gentleman had a
"The Senators and Delegates shall receive a rail road to travel on. Other gentlemen had
per piem of four dollars, and such mileage as steamboat communication.  But in his, (Mr.
may be allowed by law."                     B.'s,) section there was neither rail road nor
Mr. GRASON expressed his conviction that steamboat, and they had to avail themselves of
great advantage would result, if the per diem of any means they could, to get here-omnibusses
the members of, the Legislature should be fixed -wagons-go-carts, or any thing else. And the
by constitutional provision. It was a perpetual amendment would operate very unjustly upon
theme of debate in the Legislature, and much them.
valuable time was consumed by it. For his own  Mr. JOHN DENNIS had voted, he said, against
part, he.had always found that those gentlemen this, because he thought that the language of the
who were the most loud and earnest in favor of section, as it stood, was most appropriate. He
the reduction of the pay, were as glad to receive alluded to the fluctuations which might take
it as any others. [Laughter.]  Four dollars a place in the value of money, so that the sum of
day was but a small compensation; and if it was four dollars a day, which might be enough at one
reduced to three, members would either have to time, might not be so at another; and he thought
leave Annapolis without paying their bills, or that the whole subject ought to be left to the
draw on their private resources.            representatives of the people. As to t he s u flic




388
ency or insufficiency of the compensation, he had topic of debate, as the question of per diem
not a word say. It was an electioneering hob- was.
by at home, and if the calibre of any man was so  Mr. HARBINE dissented from this opinion, and
slight that he could not stand a shot on this mat- appealed to our legislative history, to how that
ter, he ought to stay at home.            the idea that mileage would not'be the subject
Mr. GRASON argued that it would be impossi- matter of debate, was not borne out. He reble for the Legislature to modify the per diem of ferred to some of the new States-Iowa, Texas,
members according to the various fluctuations in &c.-in whose Constitutions such a provision had
the value of stocks or in the supposed value of mo- been inserted to show, that, if it was practicable
ney. Hedeclared, that his only object in the there, where the facilities of communication
amendment, was totake away the opportunity and must necessarily be less than with us, it was
excuse for popular harangues upon the subject of also practicable here.
saving the people's money by reducing the pay of  He shewed that it was not quite so easy a mattheir representatives. He knew something of ter for gentlemen from his county, (Washingthe people of the State of Maryland; and whilst ton,) to travel hither as the gentleman from
they were opposed to the expenditure of money St. Mary's (Mr. Blakistone,) supposed. He
for useless or extravagant purposes, yet they admitted, that there might be isolated cases, like
were willing to pay a full and sufficient compen- that of the gentleman, in which such a rule
sation to their public servants. In the city of would bear hard.
Annapolis, it was impossible for a man to live  This, he, (Mr. H.,) regretted; but it was a relike a gentleman for less than three or four dol- sult inseparable from the operation of all general
lars a day. He was in favor of fixing the sumi at rules. He insisted that the mileage was higher
four dollars a day, that being the usual compensa- than it should be, and that it ought to be reduction; that amount, he believed, was satisfactory ed. He declared that this was no Buncombe
to the people. But, he repeated, his main object movement, and that every'single reason which
was to get rid of the debates.             would justify the insertion of a constitutional proMr. BUCHANAN said that he always listened vision, fixing the per diem, applied with equal
with pleasure to' the remarks of the gentleman force to the mileage. If ten' cents was not
from Queen Anne's, (Mr. Grason,) and never enough, say fifteen. But, whatever the mileage
failed to derive instruction whenever that gentle. was, let it be fixed.
man addressed the Convention. He, (Mr. B.,)  Mr. KiLGovasaid, he thought the matter too
concurred entirely with him, that the per diem  small to be the subject of debate in this Convenshould be fixed in the, Constitution. But there tion. At all events, it was too small for him to
was a good deal of'reason in what had fallen appreciate. Probably, he might never be able
from the gentleman from Washiugton, (Mr. Har- to do so, until he took a lesson in the Washington
bine,) in relation to mileage.             county school of economy. As to this sum being
His friend from Queen Anne's, (Mr. Grason,) sufficient, it might be perhaps for those who
anticipated that there might be, as there had traveled the distance once only.
hitherto been, debates in the Legislature on the  But for himself, he had some attractions
subject of per diem. The gentleman, by his at home, [laughter,] and was glad at times toesamendment, had disposed of one of the bones of cape from the dull, tread-mill round of labors,
contention, by providing that the per diem should which their duties imposed.
be fixed in the Constitution. But how was it in  From first to last, efforts had been made in
relationto mileage? That was left to the law  this Convention, to fix upon the people of the
making power. This opened the door wide; dis- State of Maryland, a character for parsimonycussions would arise upon this which would em- nay, for actual meanness-which did not belong
brace the whole subject matter, and thus we to them. The people, themselves, would disshould find; ourselves in the same difficulty. He own it. It was unworthy of them. They were
would vote for the amendment in any event but enlightened and liberal-minded, and did not alhe would be glad if the gentleman from the coin- ways desire to weigh the services of their public
age of his brain, would submit a proposition agents, to the nicety of a hair. If it were so,
which would enable the Convention to act upon probably some gentlemen in the legislature, perthe subject of mileage, so as to leave the Legisla- haps, even some gentlemen in this Convention,
ture no room for discussion.               would be found to receive more than they de-'Mr. GRAsoN said, the two subjects were dif- served
ferent. The per diem might easily be fixed with  Every public servant should be paid a just and
relation to' a general estimate of the value of fair compensation: The people of Maryland were
money. But as to mileage, the circumstances willing to pay it, and those who desired to cry
which should control it, were constantly chang  down their character in this respect, were doing
ing. The gentleman from  St. Mary's, (Mr. that for which the people themselves wouldnot
Blakistone,) had furnished some useful informa- thank them. He moved that the amendment be
tion on the subject.                      laid upon the table.
He, (Mr. G.,) thought it would be very diffi-  The PRESIDENT stated that the amendment of
cult to fix the mileage in the Constitution. It the gentleman  frqm Washington, (Mr. lIarwould be better to leave it to the legislature. bine,) was not in order, without a' motion to
The question of mileage was not so likely to be reconsider the amendment, which had just been
introduced into the House of Delegates as a engrafted on the bill.




389
Mr. HARBINE moved a reconsideration of the paration, to support by proper argument the
vote.                                       amendment which I now propose.
The question was taken, and                 Seco-idly, Because, of the unnecessary jealThe Conventioni refused to reconsider.    ousy entertained by many in reference to minisThe PRESIDENT suggested to Mr. HARBINE, ters of the gospel.
that he could accomplish his object,(i. e. to have a  Thirdly, Last, though not least, the strong
vote taken on his amendment,) by moving it feelings, prejudices, and talents, arrayed on the
as an additional section.                   other side of this question.
Some conversation followed.                 But feeling, as 1 do, that my position is just, I
Mr. HARBINE said, that the ideas of some gen- shall, though I may stand alone, advocate this
tiemen'were very much inflated; and, that if amendment.
there was any meanness in such a proposition, it  Mr. President, I believe, in these United States,
was at least one which other States of the Union and in the States separately, we profess to adhad not thought it beneath their dignity to adopt. mire a Democratic form of Government?
He was not, however, tenacious about it. He  Sir, what are we to understandbya Democrahad introduced it for the purpose of arresting de-'tic form of government?
bate in the legislature. He would, therefore,  It guarantees, if I mistake not, equal rights and
withdraw it, not because he thought the propo- privileges, not to a favored few, but to the whole
sition too small to engage the attention of the people. Yet the article under consideration proConvention, but because he was not tenacious poses deliberately, to disfranchise a very large and
enough to adhere to it.                    respectable class of our fellow-citizens.
So the amendment was withdraw.              Sir, if this self-denying, and self-sacrificing
Some conversation followed on a point of or- class of our fellow-citizens are to be cut off withder, between Mr. PHELPS and the CHAIR.      out ceremony from the right to participate in
Mr. DENT moved to amend said thirty-first sec-  he affairs of Government, then I trust that in
tion, by striking out the last paragraph in said your wisdom and magnanimity, you will introsection, from the word "thereof," in the fourth duce some organic provision in the. Constitution,
line.                                      by which they shall forever hereafter, be exempt
The motion was rejected,                  from the burthen of taxation, to support a GovThe section, as amended, was then adopted.  ernment, in which you thus solemnly declare they
have no right to participate.
CLERGYMEN, ETC.                 But sir, it seems strange, that from eyery quarMr. THOMAS called the attention of the Con- ter of this House, we hear it proclaimed in lanvention to the fact, that, on a former day, the guage beautiful and eloquent, by honorable genninth section of the report of the legislative com- tlemen of profound erudition-"Equal rights and
mittee, had been informally laid over, owing to privileges to all."  Then afier this flourish of
the unavoidable absence of the gentleman from  trumpets in behalf of popular rights, we see
Baltimore county, (Mr. Chandler.) That gen- those same gentlemen calmly' uniting their
tleman being now in his seat, he, [Mr. T.] would strength, to blot from political existence a numove that the Convention resume the consider- merous and influential class of our fellow-citiation of the section.                       zens, as wholly unworthy of all confidence and
The motion was agreed to.                 even dangerous to the Commonwealth.
The section was read as follows:            Have gentlemen considered that twenty States
Sec. 9th. No Priest, Clergyman or Teacher of of this Union have never adopted this obnoxious
See.ternal commotion, or threatened danger to these
Mr. CHANDLERsain scesyorscdand oppr essive provision in the          ir Con stitutions, pr
JMi\. Pr esident-Permit me, through you sir, to perously and as harmoniously, as States which
thank tligs Convention for the courtesy which have adopted this anti-republicn  it rovision
they have been pleased to extend to me in defer —  But, sir, what great offence, what high crime
persong action upon this artice ofuntil my return have this class of our fellow-citizens committed
State, except Justices of thested towarce, shall be          deprived of one of the dearas humble as Ihfeel nyseinf tho benal Asse  that, at the es ent tiof Ame, have no sucizenh proscripthem is duly appreciated.                  eligibility to office? Have they committed high
I propse sir, to strike out all in th e ninthr eas o nwe Have heardy been guilty of   no h ighway
tide, that refers to ministers, priests, and teach- robbery? Are they murderers? No, sir; none of
r.             ai                          ternalse crimes have beotion or threaten alleged against to them; still
~~~ju~~st.States. in th                  e opinion of trary the y get o norable committee who
Sir, I offPresident-ermi this ament withrough noir, to perously and presented thisreport, they States whichlty of
thank this Convent ion for the  curtesy     which         shoulhave adopte d thi forever disfranchise themion.,First, because, having been detained from my as citizens of this enlightened Commonwealth?
they have beenplease d to ed to me in defer  But, ir, what great  ence,   t high crime
ring action upon this article until my return  have this class of our fellow-citizens coitthe Go
tunity whatkind feelins thus main the necessted toary pre-made them; they have.ould be deprived in hione of thedeaus
as humble as I feel myself to be', I can assure est privileges of American born citizen- that:'of
them is duly appreciated.                  eligibility to office? Have they committed tiigh
I propose sir, to strike out all in the ninth ar- treason? Have they been guilty of highway
tidle, that refers to ministers, priests, and teach- robbery? Are they murderers? No, sir; none of
ers of religion, as entirely unnecessary and un-. these crimes have been alleged against them;'still
just.                                       in the opinion of the honorable committee, Who
Sir, I offer this amendment with no little emr- made and presented this report, they are guilty of
barrassment.                                a crime, which should forever disfranchise them
First, because, having been detained from my as citizens of this enlightened Commonwealth?
seat in this body for the last two weeks, by se-  Sir, what is that crime? It is this.'They
rious illness in my family, I have had no oppor- have bowed in humble adoration to the Goe who
tunity whatever, for making the necessary pre- made them; they have. helidYed in his Son Jdsus




390
Christ as their Saviour, and having drunk at this the United States to render such an one ineligipure, unadulterated fountain of true happiness, ble.
they have ventured to point their fellow men to  Sir, I ask if this would not be a direct reflecthe same chrystalfountain. In otherwords, they  tion upon the sovereign people themselves. Are
have ventured to teach the way of life and sal- the people not capable of being their own guarvation. And for this offence they must be rtrick- dians? Whythen say to them, you shallnever elect
en from the political firmament and consigned to  a President who cannot write his name? Why
eternal oblivion, so far as all preferment is con- say to them you shall not do that which they
cerned, in the civil government.             never intended to do. In proscribing ministers
Mr. President, a little more than eighteen hun- of the gospels you are in effect saying to the
dred years ago, the lawyers and doctors assumed  people, you are not capable of choosing for yourthe responsibility of casting reflections upon the  selves; we have the matter in hand; we will
Saviour of the world. They charged him with  choose for yoJ.
being a wine bibber and a glutton, the friend of  But why single out this particular profession?
publicans and sinners. The Saviour himself said, Why not as well proscribe lawyers?  Do they
( If they do these in the green tree, (meaning  not leave their profession and their clients to
himself,) what will they not do in the dry? " (re- suffer? while they come to the Legislature to enferring to his followers.) " As they have de- gage in law making? Why not proscribe docspised me, so will they also despise you."   tors? Do they not leave their patients to linger
Sir, the lawyers, doctors, scribes and Pharisees  and die while they are in the Legislative Halls?
did not cease to exist with that age; but to the  Why not proscribe the farmer  Butforthefarprosent time they say to Christ's ministers, mer all professions would languish and die. And
c Stand aside, we are more holy than thou," or is he to be taken from his lawful pursuit to enat any rate, beyond all controversy, we are more  gage in the work of Legislation? Why sir, this
worthy to fill all civil offices; you are not to be  eternal hatred tomisters or teachers of relwtoru sted; that is a settled poin.          gion? Why should they be proscribed and crushed to the earth more than any other profession?
But, Mr. President. perhaps you may think, Why, Mr. President, according to the hypothesis
that I am under the impression that honorable  contended for on the other side, that every man
members upon this floor, who favor this oppres- should stick to his profession, then, sir, you ought
sive measure, and who wish, by constitutional not to occupy the honorable position you do, as
provision, to disfranchise a large portion of our the presiding officer of this body, nor should you
fellow citizens, are wholly destitute of principle.  ever think of coming to the Legislature, howevNo, sir! In the language of one of Virginia's ermuch your constituents might desire it. But
distinguished statesmen, John Randolph, they  as'a General, sir, you should be training soldiers
have seven principles at least, the five loaves and fo thewar, which we nay exect in afew years vith
two Jishes; nor are they destitute of generosity; Great Britain. The language used playfully by
they divide, with a good grace, the five loaves the honorable gentleman over the way, (Goverand two fishes amongst themselves, and then write  nor Grason,) on yesterday may yet be prophetic.
in large capitals the words, equal rights and priv-  Sir, the fact cannot be disguised that the Stars
ileges to all; and this inscription, when written, is and Stripes must soon wave over Cuba! Then
nailed up to every sign post along the road that we shall have war with England France, Russia,
leads to higher office and and a greater division  Prussia, Austria, all the world and the rest ofmanof the spoils. And these words, equal rtghts and kind, and the Eastern Shore of Maryland.
previleges to all, are trumpeted forth, to deceive  Mr. President, let us look for a few moments
that class of our fellow citizens who are not even  calmly at this subject. As you pass along your
permitted to gather up the fragments or partake  streets you see a poor unfortunate man in the
of the crumbs that fall from the lordly tables of gutter, beastly intoxicated. Thatman is eligible
those who consider themselves worthy to rule.  to the office of Governor!  On the other side
Sir, this prescribed class of our citizens, are you see another equally intoxicated, who feels
not ao stupid as not to see through such decep- called upon, by every consideration to defend his
tion. They know their rights, and if they do most sacred honor; and for this purpose measures
not maintain them, it is because they love peace, off the proper distance, and fights a duel with the
and had rather suffer loss than engage in conten- lamp-post forflying around the corner and knocking
tion and strife,                            him down, when he was passing peaceably by. That
But I may be told that ministers.are engaged  man is eligible to a seat in the General Assembly!
in a higher and more noble calling, and that they  But walking on a little farther, we meet two
should not leave their profession to make laws. gentlemen passing along accompanied by a little
Very well! But is this any reason why you   army of bright eyes and happy faces.  They
should say in your Constitution ihat they are un- interfere with no one, but quietly proceed towards
worthy ot a lower calling? that they have no the houseof God. Their mission is oneof peace
right to participate in the affairs of government? and good will to men. Let us inquire who they
Why, the thing is absurd, perfectly absurd!  are. They are the minister and the Sabbath
You might tell me with the same propriety  school teacher, both proscribed as unworthy to
that the man who has no knowledge of letters, participate in the affairs of civil government.
though he have other qualifications, ought not to  In conclusion, Mr. President, permit me to say
be elected President, and therefore some provi- that I have not offered this amendment, or these
sion should be introduced in the Constitution of remarks from any ambitious motives. I am here




391
now, sir, not by my own choice, but by the earn- would conduct themselves in the dignified,chariest solicitations of a noble and generous constitu- table and unexceptionable manner, as he has
ency.                                       done, his, [Mr. J's,] objection would be greatly
I do not think that ministers ought to neglect lessened. But this cannot be expected; religitheir flocks to go the Legislature; but neither do ous and political professions are incompatible
I think, that you have the right to disfranchise amidst the frailty of human nature; and the high
them as fiee-born.tnerican citizens. Sir, itis the respect he entertained for the clergy, would preprinciple for which I contend., Ministers have vent him from permitting them to be placed in a
rights in common with other citizens. And now  situation, where their usefulness would be imsir, I have discharged what I have conceived to paired.
be my duty, very imperfectly, it is true. I thank  Mr. CHANDLER made some further remarks
you sir, and through you the honorable body, in which he complained,that while other profes-,
for the respectful attention with which they have sions were permitted to hold seats in the legislalistened to my remarks.                    ture, by a solemn declaration, clergymen are
Mr. JEN.IFER disclaimed any intention to enter disqualified. He thought, as a matter of coninto the argument on this question. But he science, that it was better that ministers of the
thought the gentleman from Baltimore county gospel should notbecome members of the legiswas mistaken in some of his views. The pro- lature; they have higher occupations-occupavision in the Constitution does not exclude clergy- tions which demand the entire devotion of their
men, more than others who fill civil offices, from  time and talents. But his objection was to the
sitting in the Legislature. All persons who fill adoption of the principle of disqualification in the
civil offices are equally excluded. There was Constitution.
therefore nothing oppressive in this exclusion. A  The great Apostle of the Gentiles said, all
minister ofthe gospel has ahigh mission; his func- thingsmay be lawful, but all things may not be
tions are of a class which lift him above the or- expedient. The clergy do not desire to be placed
dinary business of politicallife;and it must lessen in a position in which they are.S  denied the
the usefulness of his position and distract his du- rights and privileges of American citizens. He
ties when he enters into political strife. The perfectly agreed with the  gentleman  from
gentleman says the ministers ought to be relieved Charles, (Mr. Jenifer,) as to the impropriety of
from taxation. He, (Mr. J.,) did not know that a union between Church and State. Against
clergymen were taxed.                       such union the clergy were united; and they now
Mr. CHANDLER. They were. His tax last complained, that, by this very provision, thegovyear amounted to twenty dollars on his pro- ernment is interfering with the clergy, and will
perty.                                      not leave them alone. He denied the statement
Mr. JENIFER. Aye, for property-not as a that where religious governments prevailed the
clergyman. If the idea of the gentleman, that worst consequences follow. It wastrue thatunproperty should be exempt from taxation were der the mask of religion, those who are falsely
carried out, there would be a speedy falling off called religious, have persecuted and destroyed
of the revenue for the support of the State. Any their fellow creatures, but these are not memman who desired to escape the payment of taxes bers of the true christian church. It would be
would only have to join the class of privileged as reasonable to repudiate the metallic currency
persons and he would escape.'            of the United States, because some of it hasbeen
Of all forms of government, that which con- counterfeited, and to close all our banks and reprised a religious element, was the most to be fuse to receive silver and gold coins. While we
depricated. Where religion had become united affect to leave all men free, to oppress none, and
with political rule, there had always been the to extend to every one liberty to worship God
greatest amount of tyranny and despotism, and according to the dictates of his own conscience,
the least possible exercise of freedom  Themo- we, in the same instrument, disqualify all who
ment you permit the ministers of religion to as- are the ministers of religion, for the enjoyment
sume political power, their whole character is ofthe rights which all other citizens enjoy.
changed. Whilst in the exercise of their religious  Mr. JENIFER said,
duties exclusively, they command the respect  In reply to the worthy gentleman's remark,
and veneration ot all good men, no matter of "that those religious governments which perseof what denomination; transfer them  to the cuted,did not belong to the true christian church,"
arena of party contest, let them  mingle in he did not know what the gentleman calls the
the heated contests of the day, and they cease true christian  church. But, if he would go
tobe the humble and christian dispensers of those back a little into the history of the church, he
blessings, which belong to their high mission. would find from its earliest period to the present
The Legislature is no place for ministers of the day, that all denominations were alike, when
gospel. The pulpit is the appropriate sphere for political power was placed in their hands.
their teachings.                            Presbyterians, Roman Catholics, Episcopaleans,
Mr. J. said, it would not be understood that down to the Mormons, all had been guilty of the
he, by any means, objected to them or any other greatest oppression and tyranny. One of the
citizen being members of a Convention like this greatest curses inflicted on mankind, had been by
to frame a Constitution for the State. He was religious fanaticism, united with the power of
gratified to see the reverend gentleman from  political rule. And even in our day, in this gloBaltimore county,here in this body, and to receive rious land of freedom, that spirit attempts to ride
the benefit of his advice, and if all clergymen over the laws and Constitution.




392
Mr. CHANDLER said, that was fanaticism, hot select, as their agents in different departments,
religion.                                  those best qualified to fill the various stations asMr. JENIFER.  It was religious fanaticism, signed to them. An astronomer would not go to
and the same spirit which seeks to justify a vio- a ploughman to assist him in calculating an
lation of the Constitution of the United States, eclipse or the distance to a star-nor would a
by a superior law of conscience.           farmer apply to an astronomer to plough his field
If any religious sect had a right to complain it or seed his grain. "Every man to his trade,"
was the Quakers and other friends, conscientious- was an old rule and a good one. He supposed
lyscrupulous of bearing arms. They pay a tax for it quite obvious, that the appropriate duties of a
carrying on war against their conscience.  clergyman were altogether unlike those of a poIn the section of the bill now under considera- litician, and that it is proper to encourage the
tion, and which the reverend gentleman has usefulness of each, at all events not to do anymoved to strike out, judges, clerks and all other thing calculated to destroy their usefulness. He
civil officers, are placed upon:the same footing then described what he regarded as the approwith clergymen. It is not deemed consistent priate duties of a minister of the Gospel of peace
with a proper discharge of their respectivedu- and salvation. He professes to have a mission
ties that they should hold seats in the legislature. from his Divine master-a mission of love and
There is no exclusion for conscience sake. It is charity. His great duty is to contend against
because the positions they have assumed, of their the lusts of the world-he renounces its pomps
own free will, render the discharge of legislative and vanities-he seeks honor of God, not of men,
duties incompatible.                       and lays up his treasure in Heaven, not on earth.
Mr. CHANDLER called attention to what had His high and holy office is with the souls of men,
taken place in the State of Rhode Island, refer- not with their political favors; he is sacrificed to
ring to the character and conduct of Roger Wil- the world and its honors and its emoluments, and
liams, who was the first minister and Governorof they are sacrificed to him. His whole object
the State, and who was the first to proclaim the and aim is to lead sinners to the fountain of eterdoctrine of an unfettered conscience and of the nal life. Would you arrest such a manl in his
right to worship as they might think right. Re- holy calling and place him in a legislative hall,
ligion and fanaticism are as opposite to each oth- where every man is a political antagonist to one
er as night is to day. He presumed the gentle- portion, and a political partizan to the restman had reference to the abolitionists, who have amongst men whose leading motive is to acquire
taken leave of religion and morality, and of con- worldly distinguishment and preferment, and to
mon sense also. They had shaken hands with acquire them at the expense of the political decommon sense. If the church were made up of struction of contending parties-amongst those
such persons as these, he would be willing to whose passions and prejudices are continually
quit it.  He regarded the abolitionists as the kept alive by the anticipation of earthly honors
greatest curse of our country.             and emoluments, and whetted by continual oppoMr. CHAMBERS desired, in few words, to assign sition and frequent defeat? Political assemblies,
the reasons, or some of them, which would in- composed of party men-and such are generally
fluence his vote, and he believed many others. those which occupy our legislative halls-present
He did not exactly accord with the gentleman the least possible aid in the cultivation of the carfrom Charles, (Mr. Jenifer,) in his apprehensions dinal christian graces of love and charity to our
of religious despotism.  He did not, how- fellow man, to say nothing of their influence on
ever, mean to interpose between the contend- the "first and great commandment."  Why then
ing parties on the subject of persecution, &c. take the messenger of " peace on earth and good
The gentleman before him, (Mr. Chandler,) had will to man," to place him where his labors
made the most of his case. He had asked "if would be confined, not to conversions from sin to
they were excluded from seats in the legislature, holiness, but from one political doctrine to anothhe and his clerical brethren, because they were er?  Ministers who rightly appreciated their
murderers or drunkards, or were they hated be- condition and their duties, never would make
cause they preached the Gospel?" Why, does these temporal honors and profits an object of
the gentleman forget that we judges are in the pursuit.
same category? Does he, or can he, for a mo-  Mr. CHANDLER here said, the gentleman from
ment suppose that because a man is a judge, Kent and himself agreed on that point. He also
therefore he is considered a murderer or drunkard, thought that ministers should not come to the leor becomes hateful? Certainly he cannot. The gislature, but should pursue the work to which
reason is obvious, the one station is supposed to they are called. But he desired that it should be
be inconsistent with the other. He regretted to left to the people at the ballot box, to say if they
find the gentleman disdain to keep company with would elect ministers, and to the ministers, if
the judges.                                elected, to act according to the dictates of their
Mr. CHANDLER, (in his seat,) said he certainly own consciences. What he was opposed to, was,
did not.                                   the insertion of a disqualification in the organic
Mr. CHAMBERS. They were all in the same law as a principle.
sentence, each equally excluded and for similar iMr. CHAMBERs resumed. The gentleman then
reasons. The contemplation of the Constitution admits, that the removal of the disqualification
was, that their peculiar avocation was not calcu- would not introduce into the legislatute those
lated to qualify them to fill the office of a legisla- ministers who have a just and conscientious aptor as well as others. The people had a right to preciation of their religious duties and obliga



393
tions. If, therefore, he should succeed in his j own-to warm our hearts with love to God, not
amendment, the effect is to be, that we admit devotion men-to inspire us with hopes of heathose only who are either ignorant, or regardless ven, not of office-to minister to the poor, the
of their solemn vows and duties.             humble, the sick, the dying, and to talk to thenr
Now, would the gentleman, or would the Con- I of the vanity of all things temporal; not to comvention, be willing to put into the Constitution a  )any with the rich, the great, the influential men
provision, directing in terms that ministers, un- of the world, and court their aid, to robe themworthy of the character they bear, and none oth- selves in the glittering baubles of this world's
ers, should be considered proper candidates for honor, or fill their pockets with the mac:;mon of
these responsible offices?  Certainly not. Then  unrighteousness.
why should they adopt a provision, the necessary  Mr. CIIANDLER, in reply, adverting to what the
and practical effect of which, would be precisely  gentleman frorn Kent had said on the subject of
the same? The gentleman had used one expres- cutting the clergy horizontally, said the gentlesion, the force of which he could not have duly  man had stated that the bad ministers would be
considered. He had deplored the exclusion of thrown on one sidelof the line, and the good on
his clerical brethren from the participation of the other, if his amendment should prevail. But
the "loaves and fishes"-the significant expres- he thought the argument did not make against
sion by which John Randolph defined office and  the proposition, because, if the amendment did
emolument.                                   not prevail, the clergyman -wlio was not consciDid the gentle,man mean to intimate that min- entious about the matter, could now, if elected,
isters of the gospel were to be influenced by such present his credentials to the church and take
sordid motives, as to neglect the spiritual inter- his seat, because then he vwould'have a right to
ests of immortal souls to secure the paltry sum of it. He could not but be struck with the affecfour dollars a day?  Or did he suppose the Con- tionate regard which the gentleman from Kent
vention capable of being influenced by a desire to expressed for ministers of religion. He said they
secure it for laymen exclusively? Surely not.  stood on too high a platform. He presumed that
He would remark, in answer to what the gen- the gentleman supposed they must wear long
tleman had said about lawyers, that it would have faces and a sanctimonious aspect, which would
been more candid, if' he had stated, what he and be outraged by their association with members of
every other minister must know, that the persons the Legislature. And in what light did the genalluded to in the texts he has referred to, were tiemarn place legislators?, It would appear that
"Doctors of Divinity"-teachersof Divine law-  they are all covered with mud and dust, and he
not such persons as are now known by the term  would not let us come into the body and mix with
lawyers.                                     such corraption. He certainly felt some surprise
Having passed his whole life at the bar and at the acknowledgment. But he would/beg leave
bench, he might be permitted to add a word in de- to remind the gentleman from Kent, that those
fence of lawyers as a body.  He would remark  who formed the Constitution of the United States
to the gentleman, thathe who assailedthem would did not feel the force of such scruples as the conbe apt to get a hornet's nest about him in the first mittee who prepared theo Legislative Report did,
place, and would fail to enlist public sentiment in on this subject. T'hat Constitution was formed
the next. There were,'undoubtedly, bad men in by some of the wisest men the country had ever
the profession. So there were bad men in every produced, yet it contained no such disqualifying
profession and department of life. But as a body provision. And although it was not of frequent
-as a class-they were entitled to as much re- occurrences, it was well known that ministers of
spect as any other class of citizens. It was, per- religion had had seats in Congress; and, if he was
haps, not saying more than history and fact would  not mistaken, there was one, or perhaps two
justify, to assert that they were the authors and ministers in Congress, at this time.
effective promoters of all the great political  Mr. CHAMB3ERs. Yes, there is Mr. Palfrey.
movements which had ameliorated the condition  Mr. CHANDLER. He is an abolitionist.
of man, in his civil and political relations; the  Mr. CHANDLER now modified his amendment so
pioneers in all the great struggles for freedom  as to strike out to tie word "and" in the second
against tyranny. It was, then, so far from being line of the section.
true, that.this long standing provision, which ex-  Mr. BUCHANAN said:
eludes preachers from the legislative, hall, origi-  Before the vote was taken on this proposition
nated in the want of proper regard and respect he desired to put a few questions, and to nmake
for the ministerial office, that the motive was to a remark or two to his friend and colleague,
preserve it pure and blameless.              (Mr. Chandler,) for whom he took the opportuIt was asked, why not prbtect them? We did nity to say, he entertained the highest personal
give them the protection best suited to their wants regard.
-protection against the vices, the snares. the  It so happened, said Mr. B., that during the
temptations incident to political life. We have address of iis friend, he, [Mr. B.,] was so ci'too much need for their valuable services, in re- cumstanced, (being in the temporary occupancy
straining our own violations of the pure precepts of the Chair,) as to render it impossible for hint
which would make saints of sinners, too much in- with propriety to put a question to his friend,
terest tohave them possess the virtues they should which, if at the time he could have put, would
teach to us, to expose them to the contaminating have saved him the necessity of saying any thring
influences of a life of politics.  Their duty is to at present. 
advocate the interests of their master; not their  His colleague had remarked, that ome cillh50 




394
teen hundred years ago, the doctors and the law- He, therefore, felt no conscientious scruples in
yers persecuted the Saviour.               leaving his patients, and holding a seat in this
Now, as to the doctors, said Mr. B., whether body. And he doubted if lawyers and physicians
doctors of divinity as was intimated by the gen- were more frequently absent, whether their
tleman from Kent, or doctors of medicine, as clients and patients would be much the losers.
was charged by his colleague-he had nothing to  The question was then declaredto be on the
say-no defence to make. He was uninformed modified amendment of Mr. CHANDLER.
on the subject; and besides, the doctors are gen-  M. C asked the yeas and nays
erally able to take care of themselves. But as  Which were ordered, and
to the lawyers, so gallantly defended by his  Being taken, resulted as follows:
friend from Kent, [Mr. Chambers,] he, [Mr. B   eng taken, resulted as follows:
desired to know of his colleague, who was Jo-.ffirmative-Messrs. Bond, Buchanan, Bell,
seph of Arimathea? He, [Mr. B.,] was aware Welch, Chandler, Colston, Fooks, Shriver, Bithat his colleague was an accomplished Bible ser, McHenry, Thawley, Stewart of Caroline,
historian, and he called upon him out of the full- Hardcastle, Fiery, John Newcomer, Harbine,
ness of his biblical knowledge to instruct the Michael Newcomer, Kilgour, Brewer, Waters,
Convention in this-who was Joseph of Arima- Weber and Parke-22.
thea?                                        JNegative-Messrs. Chapman, President, MorHe was, (said Mr. B.,) a lawyer-a coun- gan, Blakistone, Dent, Hopewell, Ricaud, Lee,
sallor. Who was it, he would ask his colleague-  Chambers of Kent, Mitchell, Donaldson,Dorsey,
who, in that dread hour, when the sun was dark- Wells, Sellman. Weems,  Merrick, Jenifer,
ened, and the vail of the temple was rent in Ridgely, Lloyd, James U. Dennis, Crisfield, Datwain, and the earth did quake, and the graves shiell, Phelps, Constable, Chambers of Cecil,
were opened-that stood firnlly and faithfully by Miller, McLane, Grason, George, Wright, Mcthe side of his crucified Redeemer? It was Jo- Master, Hearn, Jacobs,a Gaither, Sappington,
seph of Arimathea, a lawyer,                Stephenson, Nelson, Gwinn, Sherwood of BaltiWho was it when all the followers of the Sa- more city, Ware, Hollyday, Slicer, Fitzpatrick,
viour had fled in alarm, saving only his mother Shower and Brown-44.
and a few faithful women-whilst the pierced   So the amendment was rejected.
body still hung upon the accursed cross-that  The ninth section was then adopted.
went boldly unto Pilate and craved the body of.              d a r 
his God? It was Joseph of Arimathea, a law-   Mr MER          ed a reconsideration of the
yer.                                        vote on thetwenty-first section, (that which reWho was it that took down the body of the lates to loans on the credit of the State,) with a
Saviour from the cross at the risk of his own life, view to offer an amendment, (of which he had
wrapped it in fine linen, and laid it in his own heretofore given notice.)
new sepulchre, iaewn out in the rock? It was Jo-  The PRESIDENT, pro tem., (Mr. Blakistone,)
seph of Arimtl iea, a lawyer. Beware then, af- finding that notice of a motion to reconsider had
ter the high example, how you traduce the law- been made on a former day by Mr. MCHENRY,
yers as a clahs.                            stated that fact.
These are the questions in kindness I desired  Mr. McHENRY made the motion to reconsider.
to put, and these the remarks I desired to He did so, he said, with the concurrence of the
make.                                       mover of the amendment, which had been adoptMr. JENIF R briefly congratulated the gentleman ed, and. of other gentlemen who had voted for it,
from Baltilmore county, for his research into the and with the intention to move, if the motion to
history ot the lawyers, which had carried him  reconsider prevailed, that the consideration of
back nearly to the commencement of the world. the section should be postponed, until after the
ir. I)ELL. I rise not to defend the lawyers, other sections of the report had been disposed
bl)t to say a word or two on the subject of phy- of.
sicians. Hewould not go as far back as his honor-  After some conversation,
aolc colleague,but if he did,'he thought the com-  The question was taken on the motion to reparison would not be unfavorable to the physi- consider.
clan. He only desired to say a word in reply to  But no quorum voted.
his respectedrcolleague on his left, who had ad-  The question was again taken.
dressed the Convention a short time before,  But no quorum voted.
and hinted at the impropriety of professional  Mr. ILGOUR moved a call of the House.
gentlemen neglecting their special duties and engaging in politics.  e  desired to state a subject  Mr. PR   enquired of the Chai
within his own knowledge. He was himself a many members were present?'
physician of long experience; he had attended,  The CHAIR replied, fifty-one.
he thought, faithfully to his calling, and to his  The question was taken on the motion of Mr.
patients, but it sometimes so happened that he KILGOUR;
was compelled to leave them, being called off on'  And decided in the negative.
business for a few days; yet on his return, to his  So a call of the Convention was refused.
great astonishment he mostly found them impro-  Mr. MERRICK asked the yeas and nays, on the
ving, he thought faster than if he had been in motionto reconsider;
constant. attendance-they0having taken the ad-  Which were ordered, and
vantage of his absence in recruiting their health.  Being taken, resulted as follows:




395,firmative-Messrs. Chapman, President,Mor- State tax, any other property than that owned by
gan, Blakistone, Dent, Hopewell, Ricaud, Cham- the State, or by a county, city, or other lnunicibers of Kent, Mitchell, Donaldson, Dorsey, pal corporation and burial grounds; nor shall
Wells, Kent, Sellman, Weems, Bond, Merrick, they by law or otherwise enter into any contract
Jenifer, Buchanan, Bell, Colston, James U. Den- or other expedient,or devise to exempt, or which
nis, Crisfield, Phelps, Constable, Chambers of shall operate as an exemption or suspension,
Cecil, Miller, George, Jacobs, Thomas, Shriv- wholly or partially of any other property, or
er, Biser. Sappington, Stephenson, McHenry, body corporate, or of any person worth over two
Nelson, Thawley, Stewart of Caroline, Gwinn, hundred dollars, from contribution, rateably and
Presstman, Michael Newcomer, Kilgour, Holly- equally to such general tax, according to his or
day, Parke and Brown-44.               r    its actual worth in real or personal property.|
Negative-Messrs. Lee, Ridgely, Lloyd, Gra-  The consideration of the section was thenpostson, Wright, McMaster, Fooks, Gaither, Hard- poned until Tuesday next.
castle, Stewart of Baltimore city, Sherwood of  The thirty-fourth section of the, report was
Baltimore city, Ware, Fiery, John Newcomer, then read as follows:
Harbine, Brewer, Weber, Slicer, Fitzpatrick,  Sec. 34. The General Assembly may confer
Shower and Cockey-19.                       upon                          of the several
So the vote was reconsided.               counties, such powers of local legislation and adMr. M C then moved to a  e     ministration as they may prescribe, provided,
Mr. MERRICK then moved to amendthe said however, that all laws conferring such powers
section by adding at the end thereof the follow- however, that all laws conferring such powers
section by adding at the end thereof the follow- shall be general in their nature, and shall extend
~~~~~~~~ing:       ~~to all the counties of the State.
"But it shall be competent for the legislature  Mr. PHELPS, moved to amend said section by
at any time, when it can do so, to pay off its out- filling the blank in said section with these words
standing bonds, or any part thereof, by an issue "the Levy court or commissioners of the tax
of other bonds or stocks bearing a less rate of as the case may be."
interest and for no greater amount than the   Mr. JOHN NEWCOMER moved to insert "the
amount redeemed or paid off."               county courts."
Some conversation followed between Messrs.  Mr. PRESSTMAN moved to strike out the section.
THOMAS and MERRICK, as to the propriety of (It was, he said, wholly impracticable, if intendlaying the section over informally for the pre- ed for the city of Baltimore.)
sent.,Mr. JOHN NEWcCOMER withdrew his amendMr. CONSTABLE offered the following, as a ment.
substitute for the original section:          Some explanatory conversation followed, on
1. The legislature shall have no power to con- the part of Messrs. PHELPS, DORSEY, PRESSTMAN,
tract debts or borrow money except to repel in- CHAMBERS, of Kent, BROWN and RIDGELY.
vasion or suppress insurrection.
vasion or suppress insurrection.             Mr. PRESSTMAN said it seemed to be the genesc2. They shall have no power to authorise any- ral impression of the Convention, that the city of
subscription on the part of the State to the capital  timore was not to be reached by the section.
stock or shares of any canal, rail road, plank f this was so he should not press his amendroad, turnpike, banking, exchange, insurance, mnt
manufacturing or mining corporation, or of any           withdrew his amendment
other corporation or association whatsoever; nor  Mr.  L  withdrew his amendment.
shall they invest or embark any of the funds of  The question then recurred on the motion of
the State, either directly or indirectly, in any Mr. PRESSTMAN to strike out the section.
trade, business or adventure of mining, manufac-  Mr. GWINN offered an amendment, (not to be
turing, commercial and marine, or of any other found on this day's journal, but which will be
description whatsoever.                     found in the proceedings of the succeeding day.)
3. They shall not be authorised to loan the Itsgeneral object was to give to the Mayor and
credit of the State, in any form or for any pur- City Council of Baltimore the exclusive right to
pose whatsoever.                            open streets, &c.
4. They shall have no power to appropriate      GWiNN briefly explained the necessity of
money for any purpose, or to any object for   e men   e
which they are not authorised to raise the sum  the am
so appropriated by a general State tax.       Mr. PRESSTMAN said he was more satisfied
5. They shall be authorised to impose State than ever that the section of the report could not
tves for the following purposes, and none other have any application to the city of Baltimore. If
whatsoever: For the defence of the State, pay- so, he would regret to see the amendment of his
ment of the principal and interest of the public colleague prevail-not because he was opposed to
debt, to defray the necessary expenses of the it, but because it would ge the appearance that
government, for the improvement and preserva  the whole section was intended to apply to the
tion of the public property, and for the establish- city of Baltimore.
ment of a uniform  system  of public schools  Mr. CHAMBERS, of Kent, dissented from this
throughout the'State, adequately endowed to view, and (lid not understand that the same geneeducate every white child within its limits.  ral feature of the law did not alply to the city of
6. They shall have no power to except from  Baltimore as well as to other portions of the
the operation tof any law, imposing a general State.




Mr. GWINN said he could obviate the difficul-  Mr. TnoMAs said, he did not want to discuss
ty suggested by hiscolleague, as to his, (Mr. G's.,) the amendment. He rperely submitted it. He
amendment, in a momnent. And he modified his supposed the Convention would forsee that there
amendment with that view.                   were many officers whose appointment the ConMr. PR.ESSTMAN sFggested to his colleague that vention would not undertake to prescribe.
the amendment might perhaps be better iniro-  Mr. SHImRw. asked the yeas and nays.
duced at another time and in another form.    Mr. CIAIMBEErS, of Kent, said he supposed that
The object and construction of the section were the question of electirg Levy Courts, or that item
further explained by Messrs. CHAMBERS, of Kent, in the organization of the police of the Stale now
PRESSTMAN, DORSEY and GwINr;.               known'to some of the counties as Levy Courts,
Mr. GwIlN expressed his intention to insist qn and existing in some form in every county, must
the amendment here, because, he said, he knew  at some time be decided upon by the Convention.
of no other place in which it could properly be If there was a settled purpose, as he, supposed
introduced.                                 there was, to have this done by election, why not
But Mr. G., on the suggestion of Mr. PRESST- now say so? The question had to be acted upon,
MAN, decided to offer the amendment as an ad- and the action of the Convention was now crmditional section.                           barrassed for the want, of knowing how these triThereupon, the Convention adjourned until lo- bunals were to be organised. He did not desire
morrow at ten o'clock.                      to introduce the question if it would lead to any
difficulty. But if there was such a settled purpose on the part of the Convention as he had supposed, to adopt some plan, he thought it had better be done. With a view, therefore, of testing
the sense of the Convention, he had prepared an
amendment as a substitute. He did not desire
SATURDA Y, tMarch 1, 1851. Lto debate it, nor was lie solicitous as to what the
The Convention met at ten o'clock.        lecision of the question might be.
Prayer was made by the Rev. Mr. GRIFFITIH.  The substitute indicated by Mr. C. was read
The Roll of the members were called.      as follows:
LICE.NSE LnWS.        ~"The General Assembly shall avoid partial and
local legislation as far as practicable; ard may
The PRESIDENT arnoutnced the foilowing gen- confer upon the Levy Court of each county, the
tlemen as the memters composirg the select members of which shall be elected by the people
committee of seven, yesterday ordered to be ap- of their respective counties, by general ticlet
pointed on the subject of the license laws:  and not by districts, such powers of local legislaMessrs. DoRSEF., IIATnBINE, FooKS, WMRIGHT, tion and administration as may be-necessary, and
DENT, WEBER, and DAslIi LI..                all laws conferring such powers shall be general
Mr. DORSEY asked to be excused from service. in their nature, and extend to all the counties of
It was usual not to put upon these committees the State."
gentlemen who were opposed to the applications.,  Mr. TI-oMAS said, that the difference between
He concurred in part with his'friend from Cecil his proposition and that of the gentleman from
in his opposition. He, (Mr. D.,) thought there Kent, (Mr. Chambers,) was very material.
should be a general law, and not a separate law,. C., 
for any particular district or neighborhood. As  M      E., e.
he was opposed to this and could not discharge  Mr. T'ioMAS proceeded to state that his amendthe duty in such a way as wotuld enable the peti- ment proposed to leave to the Legislature the
tioners to have their case fully considered, he passage of laws providing for the appointment of
hoped he mightbe excused from service.      such county officers as the Convention might not
The Convention excused Mr. DoRSEy.        expressly authorise. Mr. T. specified, soine'of
Mr. DONALDSON was appointed by the PFRESI them.
DENT to supply the vacancy.                   His reason for d-siring the adoption of this
amendment was, that in the past legislation of
THE LEGISLATIVE DEP-ARTMENT.
THE LESLATIV  DPARTIET.    the State, there had been a contjnual change in
The PRESIDENT announced the unfinished busi- the "ode of appointing even the Levy Court
ness of yesterday, being the report of the com- Judges. At another stage of the proceedings,
mittee on the Legislative Department of the he desired to go to the extent which the gentleGovernment.,                               man seemed to contemplate in another particuMr. THOMAS offered the follovwing substitute: Jar. HIe, (Mr. T.,) would be glad to see a pro"'The General Assembly may prdvide for the vision in the Constitution denying to the Legislaelection or appointment of such county officers ture the power to make that a crime in one counas may be required, and are not wholly authori- ty which was a mere misdemearor in another.
sed by this Constitution, and prescribe their pow-  Mr. CHAMBERS, of Kent, suggested that the
ers and duties; but-their tenure of office, mode proposition of the gentlem'an from Frederick,
of appointment, and the character of their pow- (Mr. Thomas,) so far as-it went, was precisely
ers and duties shall be uniform throughout the his proposition.
state-"                                      Some explanatory conversation followed beThe gub'stitute having been read,         tween Messrs. 1TuHPms and CHAMBERS, of Kent,




397
as to the extent of the difference between the  The question recurred on the amendment of
two propositions..Mr. MERRICR.
Mr. MERRICK suggested that there was no sort  Mr. CrksrFIELD moved to amend the amendof incompatibility between the two propositions. ment, by striking out the words "Levy CourtU
Both were excellent. Let them go together. If or," [so as lo let it stand "commissioners."]
they did so, it seemed to him that they would re-  Mr. RIDGELY said, he saw what the idea which
ceive the almost unanimous vote of the Conven- the gentleman from Kent,(Mr.Chambers,) desired
tion.'to carry out was, and it: was a very proper one.
After an explanation by Mr. DA.vIS as to the To remove all difficulty, he would offer a propoeffect of the proposition,                  sition, that all these particular authorities should
Mr. DoRSET urged the propriety of leaving the be known by one name throughout the county.
matter to the Legislature. They would make    Mr. RDGELY then moved to amend said amendsuch provision as they deemed right and proper, ment, by striking out these words: "the Levy
and the Convention, he thought, should not check Couits or Commissioners of the several counties
or control their action in this respect. The local of the State,' and inserting in lieu thereof, the
situation of each county and of the parts of coun- following:
ties were subjects to be considered by the Legis-  "That the county authprities now known as
latureand he was forleaving:them untrammneled. levy courts or county'commissioners, shall hereIf the design was to abolish all local legislation, after be styled commissioners, and;"
and to say that all elections should he general, the....o      n 
provision would interfere unjustly with the Le- Mr  o     s    t      propositin  as agislature, and impose restrictions upon the comn-  eptale to him.
munity which shtould not be imposed    We     Mr. MERRIC accepted the amendment as a
munity which should not be imposed     We modification of his own proposition.
should bQ much better protected by leaving the  odMifcation of his own propoiition.
power there than elsewhere. And such a mode,  Mr. CRISFIEL.D suggested that intea  of the
it appeared to him, would do justice to every  ords countycommissioners,'thewords"compart of the State.                          missioners of   county" should be inserted.
Mr. MERRICK then otfered the followingamend-  Mr RsoGE.Y saiD, the idea was the same.
ment, as a substitute for the said section  stre CRhe wors "Levhdrew Cos amendment to
strike out the words "Levy Courts (c-r."
"The Levy Courts or Commissioners of the    Mr. IMCMYASTER moved to strike out the words
several counties of the State, shall be elected by "by general ticket, and not."
general ticket and not by districts, by the voters  Mr.. ORSEY seconded the motion of Mr. Mcof the respective counties; and said commission- MASTFE,, and stated his objections to the general
ers shall exercise such powers and duties only as ticket system.
the Legislature may prescribe, but such powers  Mr. PHLPs replied, and stated that no such
and duties as shall be uniform throughout the evils as the gentlemran spoke of had, within his
State-and the General Assembly may provide knowledge, attended the general ticket system.
for the election or appointment of such other  Mr. WRIGHT moved the previous question.
county officers as may be required, and are not    PESIDENT proceede    scrtain whether
provided for by this Constitution, and prescribe there was a second.
their powers and duties, but their tenure of of-  Mr. BUCANAN desired to submit an amend.
fice, their powers and duties and mode of ap- ment.
pointmentshall be uniform throughout the State              said it was not in order.
The PRESIDENT said it was not in order.
Mr. THOMAs. I will accept that. It is pre,  Mr. BLAIKISTONE moved a call of the Convencisely the idea I was aiming it.            tion.
Mr. CrtAMBERS, of Kent. It does not answer  The PRESIDENT'stated that no motion was in
the proposition I had in view. But I do not de- order while the Convention was dividing.
sire to create any difficulty. And I will; there-  And the question having been taken, the Confore, accept it.                            venition refused to second the demand for the preCONSTABLE moved to strike out the words "or vious question.
appointment," [but withdrew the motion.]      Mr. MCHhENR. indicated his desire to ofer an
amendment.
After some conversation on the part of Messrs. am. E MBE
THOMAS, CHAMBERS, of KENT, CONSTABLE, and                        Kent, sgested that it
would be better that the vote should'be taken on
BucH ANAN,                                the single question of Districts or Counties, and
Mr. CHAMBERS, of Kent, moved to strike out that other amendments should come in afterthe words'or commissioners."               wards.
Mr. BLAKISTONE suggested that, if uniformity - Mr. MCHFNnlr said, that a committee of which
was going to be provided for,the time of election he was a member, had had under consideration a
and the tenure of office should'be fixed.   general plan of local organization. It seemed to
Mr. JouN NEwcoMER opposed the suggestion. be almost the only subject which had been enMr. l)AvIS suggested some considerations why trusted to the keeping of that committee. The
the provision proposed would operate injuriously, amendment before the Convention took one
The question was then taken on the motion of branch of that subject (relating to County ComMr. CHAMBERS, of Kent, to strike out the words missioriers) out of the hands of the committee
"or commissioners."                         thus dislocating and throwing into confusionthe
The amendment was rejected.               whole subject. If the Convention thought pro



398
per to annihilate one of its committees in this Chambers of Cecil, Miller, McLane, Grason,
way, well and good. He had no objection to it. George, Wright, Hearn, Thomas, Shriver, GaiMr. McHENRY then moved to amend the thir- ther, Biser, Sappington, Stephenson, Thawley,
ty-fourth section in the report, by inserting af- Stewart of Caroline, Hardcastle, Gwinn, Sherter the words "General Assembly," the words wood of Baltimore city, Ware, Fiery, Neill, Jno.
"shall pass no special or local act, but," and fill- Newcomer, Harbine, Michael Newcomer, Davis,
ing the blank in the first line, with the words "io- Kilgour, Weber, Hollyday and Shower-52.
cal authorities." Also insert before the word.Negative-Messrs. Donaldson, Dorsey, Wells,
"powers" in the second line, the word "addition- Randall, Kent, James U. Dennis, Bowie, Mcal.'"                                        Master, Fooks, McHenry and Slicer-11.
After a few words by                         So the second branch of the amendment was
Mr. DORSEY, in reply to the remarks of Mr. adopted.
PHELPs-and by                                  The third and last branch of the amendment
Mr. BELL-in favor of the general ticket sys- was then adopted as follows:
tem, of the evils of which, as here spoken of, no "And said commissioners shall exercise such
knowledge had (he said) come to his possession.      d   si     on  s h     eise s
The question was taken on the first branch of powers and duties only as the Legislature may
the amendment of Mr. McHENRY;                prescribe, but such powers and duties shall be
And it was rejected.   -N;uniform throughout the State; and the General
And the question was taken on the econd    Assembly may provide for the election or appointbranch of the amendment of Mr. McHENRY;     ment of such other county officers as may be reAnd it was rejected.                       quired, and are not provided for by this constituAnd the third branch of the amendment of Mr. tion, and prescribe their powers and duties, but
MeHENRY, inserting the word "additional," was their tenure of office, their powers and duties and
rejected.                                    mode of appointment shall be uniform throughrejected.                                    n
The question then recurred on the motion of outthe State."
The second amendment was then adopted as a
Mr. MeMASTER, to strike out the -words "by gen-  s  econd aor thirty- the     n of the reeral ticket and not."                        substitute for`the thirty-fourth section of the reeral ticket and not."
Mr. McMAsTeR asked the yeas and nays, which potn.                     
were refused.                                  The thirty-fifth section of the report of the
The question was then taken, and theamend- committee was then read as follows:
ment was rejected.                             Sec. 35th. Every bill passed by the General
The question then recurred on the amendment Assembly, when engrossed, shall be presented by
of Mr. MERRICK.                              the Speaker of the House of Delegates, in the
Mr. DAVIS moved to amend said amendment Senate Chamber, to the Governor for the time
by adding at the end thereof the following pro- being, who shall sign the same, and thereto affix
viso:                                        the great seal in the presence of the members of
"Provided, This article shall be so construed  both Houses; every law shall be recorded in the
as not to prevent the Legislature from passing office of the Court of Appeals of te Western
any law or laws to open the public roads when  Shore, and in due time be printed, published and
two or more counties are interested."        certified under the great seal to the several coun- The amendment was rejected.              ty courts in the same manner as has been heretoThe amendment was rejected.                fore usual in this State.
The question recurred on the amendment of      
Mr. MERRICK as amended. -Mr. GRASON moved to amend the section by
Mr. WEEM    called for a division, which was striking out all of said section to the word
ordered.                                     "Houses," inclusive, in the fifth line, and insertThe question was taken on the first branch of ing in lieu thereof, the following:
the amendment, in these words:                 "Every bill when passed by the General As"That the county authorities now known as sembly, and sealed with the great seal, shall be
Levy Courts or County Commissioners, shall presented to the Governor, who shall sign the
hereafter be styled "Commissioners."         same in the presence of the presiding officers and
hereafterb style "r."           chief clerks of the Senate and House of DeleThe first branch of the amendment was agreed  e   e      te 
The question recurred on the second branch of  Mr. G. explained the inconveniences attendthe amendment, as follows:                   ant upon the obligation that the Governor should
"And shall be elected by general ticket, a n  sign bills in the presence of the two Houses, &c.
"And shall be elected by general ticket, and  I w      object othe amendment to obviate
not by districts, by the voters of the respective  inconvenience       e   e
those inconveniencies.
counties."                              i      Mr. PHELPS expressed,his concurrence in the
Mr. DORSeY asked the yeas and nays, which  views of the gentleman from Queen Anne, (Grawere ordered, and, being taken, resulted as fol- son,) and thought that the proposition would be
lows:                                        an improvement on the section as it stood in the.ffilrmative —Messrs. Chapman, President, Blak- bill.
istone, Dent, Hopewell, Ricaud, Lee, Chambers  The amendment was agreed to.
of Kent, Mitchell, Sellman, Weems, Bond, Mer-  The second branch of the section was then
rick, Buchanan, Bell, Welch, Ridgely, Lloyd, adopted.
Colston, Crisfield, Dashiell, Phelps, Constable,  And the section, as amended, was adopted.




399
The thirty-second section of the report was stable, Chambers, of Cecil, Bowie, Grason,
read, and no amendment having been offered Wright, Thomas, Sappington, McHenry, Gwinn,
thereto, was adopted, as follows:           Brent, of Baltimore city, Presstman, Kflgour and
Sec. 36th No person who may hereafter be a Hollyday-29.
collector, receiver or holder of public moneys, So the amendment was agreed to.
shall have a seat in either House of the General  Mr. HELP moved further to amend said reAssembly or be eligible to any office of profit or port, by inserting as the thirty-eighth section
trust under this State, until he shall have account- thereof, the following:
ed for and paid into the Treasury all sums for.  Scc. 38th. No lottery grant shall ever herewhich he may be liable.                     after be authorised by the Legislature of this
State."
The thirty-seventh section of the report was  The amendment was adopted.
read, as follows:                            Mr. PHELPS moved further to amend said reSec. 37th. All laws and parts of laws not in- port by inserting as the thirty-ninth section of
consistent with this Constitution, shall continue said report, the following:
in force according to their respective provisions,  "Sec. 39th. All property, both real and persubject, neverthless, to be altered, amended or sonal, of the wife, owned or claimed by her before
repealed by the General Assembly.           marriage, and that acquired by gift, devise, or
Mr. CHAMBERS, of Kent, suggested the proprie- descent, shall be her separate property, and laws
ty of striking out the last part of the section.  shall be passed by the Legislature, more clearly
Mr. DORSEY objected to tha motion.        defining the rights of the wife in relation to her
Mr. THOMAs suggested that the whole section separate property."
be stricken out.                              This amendment, as originally offered, was
Some conversation followed between Messrs. modified on the suggestion of
CHAMBERS, of Kent, THOMAs and DORSEy, when   Mr. HARBINE, who thought that the words "or
Mr. PRESSTMAN, following the suggestion of claimed," should be stricken out.
Mr. THOMAS, moved to strike out the section.  Mr. PHELPS accepted the modification.
Mr. CHAMBERS, of Kent, accepted the motion  The question was taken and the article was
as a modification of his own proposition.   adopted.
Mr. DORSEy insisted on the propriety of re  Mr. DORSEY moved a reconsideration of the
taining the section, but moved to amend it by ad-vote adopting thesaid last amendment.
ding at the end thereof the following proviso * The motion to reconsider was briefly spoken
Providd suh a, aeration or  to by Messrs. CHAMBERS, of Kent, PRESSTMAN,
Provided such amendment, alteration or re- DONALDSON, MITCHELL, RANDALL and PHELPS,
peal be not inconsistent with the fundamental when
principles of natural justice and right, or the  Thequestion was taken and the motion to reprovisions of the constitution of the United States, consider was agreed to.
or of the State of Maryland."                 Mr. CRISFIELD moTed to strike out the whole
The amendment of Mr. DORSEY was rejected. of the said section and insert the following:
And the motion of Mr. PRESSTMAN was agreed  "The General Assembly shall pass laws neto.                                 ae      cessary to protect the property of the wife from
So the section was stricken out.         the debts of the husband during her life, and for
Mr. PHELPS then moved to amend said report securing the same to her issue after her death."
by inserting as the thirty-seventh section, the fol-  Mr. PHELPS modified his original proposition
lowing:                                    in accordance with the suggestion of Mr. CRIsSec. 37th. Any citizen of this State who shall, FIELD
after the adoption of this Constitution, fight a  And the amendment of Mr. PHELPS, as thus
duel with deadly weapons, or send or accept a modified, was agreed to.
challenge to fight a duel with deadly weapons,  Mr. GwIN  now renewed the proposition hereeither in or out of the State, or who shall act as tofore offered, but withdrawn by him, in the olsecond, or knowingly aid or assist in any manner lowing words:
those offending, shall be deprived of holding any  "The Mayor and city Council of Baltimore
office of trust or profit under this State."  shall have the exclusive right to open and close
r.PHELP asked the yeas and na  whic all streets, lanes and alleys within the limits of
Mr. PHELPS asked the yeas and nays, which the said city but nothing in this section shall be
were ordered, and being taken, resulted as folte said city; but nothing in his section shall be
lows:                                       construed to prevent the Legislature from passing any general law directing the process which
/Iffirmative.-Messrs. Chapman, Pres't, Dent, shall be had in such cases, or from prescribirp a
Lee, Chambers, of Kent, Donaldson, Randall, general rule of compensation to the parties who
Kent, Bell, Ridgely, James U. Dennis, Crisfield, may be injured thereby."
Dashiell, Phelps, McMaster, Hearn, Fooks, Shri-  Mr. GwSNN explained the object and effect of
ver, Gaither, Biser, Stephenson, Thawley, Hard- the amendment.
castle, Sherwood, of Baltimorecity, Ware, Fie-  Mr. BELL moved to amend said amendment by
ry, Neill, John Newcomer, Harbine, Michael adding at the end thereof the following proviso:
Newcomer, Davis, Weber and Slicer-32.         " Provided,thatall persons in the city petitionNegative —Messrs. Blakistone, Hopewell, Ri- ing for opening or closing such streets, lanes or
caud, Mitchell, Dorsey, Wells, Weems, Bond, alleys, shall pay all the expenses that may accrue
Merrick, Buchanan,'Welch, Lloyd, Colston, Con- for the same."




400
Mr. RIDGELY moved to postpone the considera-  Mr. AMCMASTE.. To carry out the view of
tion of said section and amendment, (with a view  the gentleman from  Kent, (Mr. Mitchell,) 1
to its more mature consideration.)        move to strike out "five" hundred, and insert
Determined ire the affirmative.         "one" hundred.
Mr. FITZPAT'RP.CK moved to amend said report  Mr. SHRIVER. I call for a division of the
by adding at the end thereof, as an additional qoestion.
section, the following:                     Which was ordered.
" Sec. 41st. The Legislature shall, at the se-  The motion to strike out was rejected.
cond session after the adoption of this constitu-  Mr. HARBINE desired to enquire of the gentletion, provide by law for exempting from execu-man from Caroline, (Mr. Stewart.) whether his
tion not more than five hundred dollars worth of amendment made it obligatory on the legislature
the household furniture, or other property be- to exempt from execution, seven hundred dollars
longing to each family in this State."     worth of property. The original proposition was
Pending the question on this amendment,  that any sum not exceeding five hundred dollars
The Convention adjourned until Monday morn- should be exempted.
ing at 10 o'clock.                          Now, if he understood the proposition of the
gentleman from Caroline, (Mr. Stewart,) it made
it obligatory on the legislature to exempt seven
hundred dollars. Hle, [Mr. H.,] thought that
this matter ought to be left to the legislature.
Without any such provision, the legislature had
the right and the power to exempt property from
M   vONDAY, March 3, 185p1.  execution. The fact that theydid not do it, renMOi Y, Mc,  dered it probable, that they did not think it reThe Convention met at ten o'clock.       quisite that it should be done. IHe thought that
Prayer by the Rev. Mr. GRAUvF.          the original proposition was the best.
The journal of Saturday was read.Mr. M        STEWART, of Caroline, said, that the objection which he had tr' the section as it now
TiE LEGISLATIVE DEPARTMENT.        stood, was that it left the matter vacillating and
The Convention resumed the consideration of uncertain. One year $S200 might be exemptedthe special order of the day, being the report of another year $300-and so on. It would be, a
the committee on the legislative department of constant subject of change and discussion. If
the government.                           any thing was to be done, he thought that the
amount ought to be fixed, and that the Legislature should have no power to change it. WhatThe pending question was on the following ever the amount was it should be certain.
amendment, offered on Saturday last by Mr.  As to the objection of the gentleman from
FITZPATRICK, as an additional section to the re- Kent, (Mr. Mitchell,) it was true that a poor
port:                                     man might not under this article obtain any more
"Sec. 41st. The Legislature shall at the sec- credit than if he had nothing, but he would cerond session after the adoption of this Constitu- tainly be so much better off. By this amendtion provide by law for exempting from execution ment, this amount would be secured to the party
not more than five hundred dollars worth of the and his family.
household furniture, orolher property belonging  Mr. WRIGHT (very imperfectly heard by the
to each family in this State."            reporter,) was understood to express his concurMr. STEWART, of Caroline, moved to amend, rence in the views expressed by the gentleman
said amendment, by striking out the word "five," from Kent, (Mr. Mitchell,) and he, (Mr. W.,)
and inserting in lieu thereof' seven.''   trusted that the Convention would not fix upon
Mr. PREssTNSAN said, he did not see the gentle- any sum to be exempted.
mall from  Allegany, (: ir. Fitzpatrick,) who  He referred to an act which had heretofore
had offered the'amendment, in his seat. Per- been passed by the Legislature, exempting prohaps, it would be well that the amendment should perty from'execution to the amount of.,50. The
be passed over informally for the present.  law created much feeling all over the State of
Mr. WEBER said, his colleague, (Mr. Fitzpat- Maryland, and petitions flowed in from all quarrick,) had no desire that the proposition should ters, and that familise were left houseless and
be passed over, in consequence of his absence.  unprovided for, because no one would trust them;
Mr. MrTOHELL said, it struck him, that if this and that they were prevented from obtaining
proposition was agreed to, it would be impossible credit by the very steps which the Legislature
for a poor man to get any credit; and credit was had taken for their protection. He hoped that
as necessary as money to a poor man-in fact, the views of the gentleman from Kent, (Mr.
more so. He was in favor, as every sman who Mitchell,) would be carried out-that no steps
knew him would testify, of doing all he could for would be taken: but that the whole matter would
the poor. But if the sum of five hundred dollars be left to the Legislature to make such provision
should be exempted-if he was only worth that as the exigencies of the time might call for.
sum or less, who would take his note? No one-  Mr. MITCHIILL said, he understood perfectly
because he would have no sort of guaranty for the object his friend from Caroline, (Mr. Stewthe payment. Upon this ground, and upon no art,) had in view. It was to benefit the poorer
other, he should oppose the proposition.  class of our citizens.  But his friend was mista



401
ken.  He (Mr. M.) assured him, that the very wearing apparel, or other necessary articles of
thing which the gentleman desired to do would housekeeping were exempted from execution.
recoil injuriously upon those whom he wished to  Mr. MCLANE. Is that law now in force?
protect. He (Mr. M.) knew hat the gentleman   Mr. DORSEY.   It is not  In the following
had a very good heart, and that he did much to- year,(February 4, 1822,) when the practical
wards the support of a, number of persons in his ration of the law had been tested, the legioperation of the law had'been tested, the legidaown region.  He (Mr. NM.) felt sure that his                                  repealed.
friend would not take the note of such a man if  e ecected      hi            t of 
thilwsoudgito oe     He recollected something of the ffcct of this
thislaw should gointo operalaw., The opinion was universal among the
Mr. STEWART, of Caroline, said he would say poorer classes, that it was the most imprudent,
a word in reply to the complimentary allusion impolitic and inconvenient measure that could be
which had been made to him by the gentleman adopted for them. They could not get credit
from Kent, (Mr. Mitchell.)                 for their families even where they were almost
He, (Mr. S.,) had not yet been able to satisfy starving.  They could not rent houses-they
his own mind whether it would be better for the could get credit for nothing which their families
mass of the people, that there should be a home- might need, until security could be obtained.
stead exemption or,not. All he said, was, that The poorer classes, dissatisfied with it, as he unif the Convention should determine to adopt such derstood, almost to a man, came forward and
a principle, they should fix the amount in the ar- demanded of their representatives the repeal of
tide, and should not leave it tothe legislature, to the law, and it had been repealed as he had
be'a constant subject-matterof contention. He shown.
carednot, whether the sum was fifty, five hun-  Mr. MCMASTER, (to thePresident.) Is a subdred, or seven hundred dollars; but, whatever stitute in order?
it was, let it be fixed in the Constitution-that  The PRESIDENT. Not at this time.
the legislature might neither go below, nor   Mr. STEWART, of Caroline, withdrew   the
above it. He was free to say,that he thought amendment offered by him, and moved to amend
such a provision, would operate beneficially the amendment by striking out the words "not
throughout the State.                      more than"
Mr. PHELFS said', it seemed to him that such a  The question was taken and the amendment
provision engrafted upon the Constitution,would  was rejected.
be of np value. Under the old Constitution, the  Mr. MCMAsTER offered the following substilegislature had from time to time exempted pro- tute.
perty from execution. He cited a case. If the  "That the Legislature shall, at the second seslegislature had the power to do this under the sion after the adoption of this Constitution, proold Constitution, they would equally possess the vide by law for the exemption from execution of
power under the new one.                   one hundred dollars worth of Household FurniHe, however, was opposed to the principle, ture or other property belonging to each family
He knew that such a provision had been engraft- in this State."
ed on the Constitutions of many of the new    Mr. KILGOUR asked the yeas and nays, which
States, and it might work well in a new country were refused.
where the property of a person'was chiefly his  The question was then taken on the substitute
land, and where the exemption applied literally to of Mr. MCMAsTER, and it was rejected.
the homestead. But herethe state of things was  The question recurring on the' adoption of the
different. Our citizens were occupied in all the amendment as offered by Mr. FITZPATRICK,
various ramifications of business, and he did not  Mr. HARBINE asked the yeas and nays, which
see that any good could grow out of such a pro- were ordered, and, being taken, resulted as folvision. He confirmed the view taken by the germ- lows:
tleman from Kent, (Mr. Mitchell,) and expres-  lffirmantive-Messrs. Blakistone, De,.t, Hopesed the opinion that the provision would embar- well, Weems, Bond, Merrick, Buchanan, Bell,
rass the very class for whose benefit it was Ridgely, Dashiell, Constable, Chambers of Cecil,
intended.                                   McLane, Shriver, Gather, Biser, Annan, Stewart
Mr. MITCHELL, (to the Chair.) Is it in order of Caroline, Sherwood of Baltimore city, Ware,
to move to strike out the whole of the section?  Schley, Fiery, John Newcomer, Harbine, Mich'l
The PRESIDENT. It is not in order.        Newcomer, Kilgour, Weber and Smith-28.
Mr. MITCHELL. I move that the subject mat-  3'egative.-Messrs. Chapman, President, Lee,
ter be laid upon the table.                 Chambers, of Kent, Mitchell, Donaldson, DorMr. HARBINE. I call for the yeas and nays.  sey, Wells, Jenifer, Welch, Colston, James U.
Mr. MITCHELL. At the request of gentlemen Dennis, Crisfield, Hicks, Phelps, Sprigg, Graeon,
near me, I withdraw the motion to lay on the Wrght, McMaster, Hearn, Fooks, Jacobs, S3ptable.                                      pipgton, Stephenson,''hawley,  H ardcastle,
Mr Dorsey, in confirmation of the statement,'winn, Stewart, of Baltimore city, Brent, of
made by the gentleman from Queen Anne's, (Mr. Baltimore city, Presstman,  ollyday and Slicer
Wright,) cited the Act of the General Assembly, -31.
passed the sixteenth of February, 1821, entitled  So the amendment was rejected.
" an Act for the relief of poor and distressed fa-  Mr. BRENT, of Baltimore city, then moved to
milies, in cases of execution for debt and distress amend said report, by adding at the end thereof
from rent."  By this law, the bed, bedding and as an additional section, the following:
51




402
" In all cases where the head of a family shall Crisfield, Hicks, Phelps, Hearn, Fooks, and
die or become insolvent owning a dwelling house Gaither-8.
or homestead furniture in a dwelling house or  JNegative-Messrs. Chapman, Pres't., Blakisother property, not exceeding  hundred dol- tone, Dent, Hopewell, Lee, Mitchell, Donaldson,
lars, said house, homestead furniture or other Dorsey, Wells, Weems, Jenifer, Buchanan, Bell,
property shall be exempt from administration or Ridgely, Colston, James U. Dennis, Dashiell,
liability to creditors, but shall thereupon belong Constable, Chambers of Cecil, McLane, Sprigg,
in equal parts to the family of said deceased or Bowling, Grason, Wright, McMaster, Jacobs,
insolvent, and in the event that said dwelling Shriver, Biser, Annan, Sappington, Stephenson,
house, homestead furniture or other property, Thawley, Stewart ofCaroline,Hardcastle,Gwinn,
shall exceed the value of  dollars, then there Stewart, of Baltimore city, Brent of Baltimore
shall be a preferred lien on the said property to city,Sherwood ofBaltimore city,Presstman,Ware,
the amount of   dollars, for the equal benefit of Schley, Fiery, John Newcomer, Harbine, Mihis or her said family."                   chael Newcomer, Kilgour, Weber, Hollyday,
The amendment having been read,          Slicer, and Smith-49.
Mr. BRENT said, the object of his amendment  So the Convention refused to fill the blank with
wasto exempt furniture or dwelling houses. It $2000.
seemed to him that this could be done effectually  Mr. WEEMS movedto fill it witi $600.
in seven or eight lines in the Constitution, with-  Mr. CRISFIELD asked the yeas and nays.
out referring the matter to the legislature. He  Mr. WARE moved that the whole subject matthought the amendment would dispose of the ter be laid upon the table.
whole question.                              Mr. BRENT, of Baltimore city, asked the yeas
and nays; [which were ordered.]
Mr. JENIFER said, if he understood the amend- and ay  [which  erthe Chair.  To what does
ment it was confined exclusively to persons own- the motion to lay on the table apply
ing houses or furniture. To supply the defect  The PRESIDENT. To the wholeproposition of
which, he thought, existed in the amendment, th gentleman from Baltimore city, (Mr. Brent.)
he offered an amendment to this effect:      Mr. CRISFIELD. Very well. If that is the
"Or other property owned by the decedent at case, I am ready to vote for the motion.
the time of his death."                      The question, "shall the subject matter be laid
Mr. BRENT, of Baltimore city. I accept the upon the table," was then taken, and resulted as
modification.                              follows:
The PRESIDENT. Does the gentleman from    AIffirmative-Messrs Chapman, Pres't.. ChamBaltimore city, (Mr. Brent,) move to fill the bers, of Kent, Mitchell, Donaldson, Dorsey,
blank with any particular suim?            Wells, Buchanan, Colston, James U. Dennis,
Mr. BRENTr. Not now, sir.                Crisfield, Dashiell, Hicks, Phelps,'Grason,
The PRE'SIDENT. It will be too late when the Wright, McMaster, Hearn. Fooks, Jacobs, Gaithquestion has been taken.                   er, Sappington, Stephenson,' Thawley, HardcasMr. BRENT.' I move to fill the blank with five tie, Stewart of Baltimore city, Sherwood of Balhundred dollars.                           timore city, and Ware-27.
Mr. HEARN rose to a question of order. He.Negative-Messrs. Blakistone, Dent,Hopewell,
was understood to enquire whether this was not Lee, Weems, Bond, Mertick, Jenifer, Bell,
essentially the same proposition which had been Ridgely, Constable, Chambers of Cecil, McLane,
already voted down. If so, he submitted that it Bowling, Shriver, Biser, Annan, Stewart of Carowas not in order.                          line, Gwinn, Brent of Baltimore city, Presstman,
The PRESIDENT. The Chair thinks the pro- Schley, Fiery, John Newcomer, Harbine, Miposition is different from that whicn has been chael Newcomer, Kilgour, Weber, Hollyday,
already voted down, and that it is in order.  Slicer, and Smith-31.
The question then recurred and was taken on  So the Convention decided that the subject
the motion of Mr. BRENT, of Baltimore city, to matter should not be laid upon the table.
fill the blank with J500.                    The question then recurred on the motion of
But no quorum voted.                      Mr. WEEMS, to fill the blank with $600.
Mr. SCHLEY. I would like to hear the whole  Mr. THAWLEY moved $50.
proposition read; [and it was read.]         The motion of Mr. WEEMS was rejected.
The question was then again taken on the mo-  The question then recurred on the motion of
ticn to fill the blank with $500-and by yeas 24, Mr. JOHN NEWCOMER to fill the blank with $300.
noes 31, it was rejected.                    Mr. N. asked the yeas and nays, which were
Mr. JoHN NEWCOMER moved to fill the blank refused.
with $300.                                   And the question being taken, the vote stoodMr. HICKS. I move to fill the blank with ayes 24; noes 22.
$2000.                                       No quorum voting.
The question was taken first on the highest  Mr. BRENT, of Baltimore city, asked the yeas
number.                                    and nays which were ordered, and being taken,
resulted as follows:
Mr. SCRL y asked the yeas and nays which |lffirmative-Messrs. Chapman, Pres't., Blakiswere ordered, and being taken, resulted as fol- tone, Dent, Hopewell, Weems, Bord, Merrick,
~~~~~lows~:  ~Jenifer, Bell, Ridgely, James U. Dennis, Conftfirmative — Messrs. Chambers of Kent, Bond, stable, Chambers of Cecil, McLane, Sprigg,




403
Bowling, Shriver, Gaither, Biser, Annan, Ste- expected, to be paid, but, under tlee insolvent laws
phenson, Gwinn, Brent of Baltimore city, Sher- was deluded.
wood of Baltimore city, Schley, Fiery, John  The proposition of his colleague, he thought,
Newcomer; Harbine, Michael Newcomer, Kil- was open to many objections. He, [Mr. P.,]
gour, Weber, Hollyday, Slicer, and Smith-34.  proceeded to point out objections to its phraseJNegative-Messrs. Lee', Chambers of Kent, ology. He suggested that it could not be conMitchell, Donaldson, Dorsey, Wells, Buchanan, strued by the courts with any degree of certainty
Colston, Cri-field, Dashiell, Hicks, Phelps, Gra- -that it was indefinite, and might be construed
son, Wright, McMaster, Hearn, Fooks, Jacobs, to mean not the immediate family only, but
Sappington, Thawley, Stewart of Baltimore city, grand-daughters and grand-sons, and all embracand Presstman-22.                          ed in the legal term'family," It made no disSo the blank was filled with $300.       criminations between meritorious and worthless
The question then recurred on the amendmeqt. children; and was open also to other objecMr. BRENT, of Baltimore city, expressed the tions.
hope that the amendment would prevail. It   Desiring to stand right before the community,he
seemed to him but a small boon to give to the should feel constrained to vote against the
family of deceased or insolvent persons. He ad- amendment.
mitted that cases might occur, even under the  Mr. MCMASTER moved to amend the propositerms of the proposition, where a family might tion by striking out the words "administration
not obtain relief; but it seemed to him impossible or."
to lay down any other safe rule than this. It  Mr. CHAMBERS rose, to present to the Convenwould, however, operate upon the major part of tion an idea which had not yet been suggested,
the hard cases of insolvency, and would rescue and but for which, he would not have said a sinfrom the grasp of a heartless and griping creditor gle word. The hypothesis on which this amendthe small pittance of $300 for the benefit of his ment has been defended, is, that when a heartfamily,                                     less, griping creditor endeavors to oppressthe'
Mr. MITCHELL. It strikes me that if a man poor and desolate widow of a deceased debtor,
owns a house he would be relieved under this the law should interpose for her protection. On
proposition, but that if he be a poor devil who this ground he would be one of the last men in
only rents one, (laughter,) he would not.  the world to raise an objection to it.
Mr. BRENT, of Baltimore city. The gentle-  He would always be ready to interfere between
man is entirely mistaken in his construction of the hard and unfeeling creditor, who does not
the proposition. And Mr. B. explained.      want the money due to him, and the bereaved
Mr. PRESSTMAN expressed his regret that the widow,whom he attempts to oppress.
proposition of his colleague, (Mr. Brent,) was  But he asked gentlemen who took this ground,
such as could not meet with his. (Mr. P's.,) ion- to look at the case in a more correct point of
currence. Far from it. He should be glad if view. When a poor man dies insolvent, is it to
it did so. He did not believe that it would be taken for granted, that his creditors are all
be acceptable to the city of Baltimore, although wealthy? Not at all. He buys his soap, his
upon that point a difference of opinion might candles, his sugar, and all his household neceswell be entertained. He referred to the report saries, at some small store in his neighborhood;
which he had himself made, providing for the and the person from whom he buys, is just as
abolishment of imprisonment for debt. This, he poor as he hirhself is; that person too depends
thought, would be sufficient relief.        on what is owing to him, as a means of keeping
If, in addition to this measure,-the Convention up his supply, and when he sufers a loss, it bears
should think proper to withdraw fronmresponsibil- heavily upon him. He thought it was wrong to
ity, the property of a debtor, to the extent of permit this..
three hundred dollars, it would 7Dear upon the  The law can lay its hand on the person, if livworking classes of the city, so as to cripple them  ing, or it can take his property. But here the
to a considerable extent. He referred to the case person of the poor is rescued from the power of
of the law, of the operation of wlaich, the distin- the law, and this amendment casts off the poor
guished gentleman from  Anne Arundel, (Mr. and suffering creditor from any chance of indemDorsey,) had given his experience. That was nifying himself from the property. The princione of the most unpopular laws that ever went pie was antagonistic to the policy of our insolinto operation.                             vent laws. It would also operate injuriously
As regarded the proposition to abolish impris- on the poor, generally, because it would restrain
onment for debt, the barbarity of the existing persons from giving credit to those who have but
law, although that had undoubtedly had its small means.
weight upon his mind, was', lot the prominent  If the creditor is just as poor as the debtor,
consideration. He was in favor of doing away  the one is as much deserving of legal protection
with credit. He was in fav or of permitting an  as the other. Why, would you take from a poor
honest mechanic, when he did his work, to be man five dollars, and give it to another who is
paid for it. He considered the law in its present equally poor, perhaps, but not more so than himform, as "keeping the word of promise to the self. He would willingly agree to any proposiear, and breaking it to the. hope." He was not tion where it could be made to appear that the
influenced by considerations, looking to the debt of the deceased insolvent was due to a man
debtor, so much as he w;ts by the great interests  of ample means who would not suffer from the
of the creditor, who w4a -ow dqeeivce-wha    loss, to relieve the widow from the oppression of




-404
the creditor; but, as he had before stated, in occurred in that county, of great hardship.
these cases it generally occured, that the credi- There were indeed hard cases every where. He
tor was just as poor, and as deservingof protec- was very willing to vote to abolish imprisonment
tion, as the debtor himself.                for debt. But while we were making these proHe thought it better to leave it for the legis- visions for the benefit of the insolvents, we are
lature to act as occasion might require, than to injuring honest creditors. He knew that, after
place this broad, unqualified provision in the the bill which had formerly passed on the subject,
Constitution.                              there were numerous petitions sent to the legisMr. GRASON would prefer leaving the subject lature, shewing that the effect of it had been to
to the legislature, but as it appeared to be the injure the credit of the poorer classes, and to
general wish to insert some provision of this bring about a material diminution of their comkind into the Constitution, he would make no forts. The blacksmith and other mechanics will
objection. In his opinion, the family of a de- not give credit where there is no reasonable seceased debtor ought to have something secured  curity that they will be paid. There are numto them  as a means of temporary subsistence. bers who are now willing to trust a man who has
It is not merely harsh creditors, but thelaw itself an honest reputation, but let this amendment be
which leaves families in the most destitute con- adopted, and they will say that if he dies there
dition. Administrators are compelled to take an will be no chance of recovering their debt, and
inventory of every thing; and every article of this will make them  reluctant to give credit to
furniture, and even the provisions are sold for poor men. There are also many dishonest men
the benefit of creditors.                   in the State, who will be benefited by this proIt had been said, that laws exempting property vision. He was in favor of benefiting the poor,
from execution, operated to the injury of the but he did not think this proposition would place
very persons they were intended to benefit, be- them in a better condition than now. Indeed,,
cause they deprived them of credit. But credit they must be the principal sufferers, as it shuts
was generally given to laboring men on account out important advantages to them and in fact to,
of their industry and good conduct, and not on all classes. Mr. H. closed by saying, he hoped
account of a few articles of furniture and provis- the amendment would not be adopted.
ions, which no family could dispense with. He  Mr. BRENT, of Baltimore city, desired briefly
would like to know if a merchant, or any other to notice one or two of the objections made to
person, trusted a poor man with the view of his amendment. His colleague, (Mr. Presstman,)
selling his bed from under him, or of depriving objects to the word " family," which he seemed
his family, as soon as he was dead, of the few  to think was too indefinite, and, would be conarticles which their immediate necessities re- strued to include collateral relations.
quired. Credits which were to be follewed by  Mr. PRESSTMAN explained. He had said dissuch sacrifices, were of no benefit to any one, tant relations, meaning grand-children, &c.
and if creditors expected to secure the collec-  Mr. BRENT. Suppose it does, embrace grandtion of their debts by such means, it was neces- children. The object is to include all those who
sary that some legal provision should be made to are near him, forming part of his family at home,
keep them within the bounds of humanity.    and not those who are remote.
Mr. HicKS expressed his belief that gentlemen  Mr. CRISF1ELD wished to put a question to the
who were advocating this amendment, were pro- gentleman from Baltimore city. If a man leave
ceeding under a mistake. He thought the mover a wife, a child and a child of a widowed daughof the amendment, who he did not recollect, was ter, how would the property be divided?
influenced by the best motives, but would find it  Mr. BRENT.  It would be equally divided.
did not affect the object he desired. By an ex- There was no reason why there should not be an
istiiig law, the family of a deceased debtor is equal division. His friend from Baltimore city,
already protected against his creditors. Property (Mr. Presstman,) says further, that there is no
to a certain extent is now>reserved for the bene- discrimination between a meritorious and an unfit of a family, and other provisions have been  worthy child. Not so. It only protects them
made, all to the injury of honest creditors. He all alike from the grasp of the debtors. The fathought this was all wrong. He referred to a ther can discriminate between his children. His
case which occurred while he was at home. An friend says further, that there may be the aboliinsolvent person died, possessing but little proper- tion of imprisonment for debt, which is protecty, and leaving two children. His whole estate tion for property against the creditor. That'would not pay twenty-five cents in the dollar. merely protects the person from  confinement
A short time before his death, the grandfather of and ignominy. This provision is intended to rethe children had died, and by his death, they had lieve the property when the debtor is no longer
become possessed of some thousands of dollars, within the reach of the law. Again, it is said,
and they were well provided for whilst the hon- that this amendment protects the property against
est mechanic and merchant suffered. The father the claims of poor mechanics. He was the last
had been trusted on the faith of his industrious man in the world to propose any plan which
habits, but owing to his death the creditors lost would injure mechanics. But if this proposition
three-fourths of their honest diae, and the children  be inserted in the Constitution, the honest mehad ample means, and at that he felt much grati- chanic who trusts the poor man, will give him
fied. He did not doubt that there were heartless credit with a full knowledge of the existence of
creditors in Queen Ann's, as well as in Dorches- this law. If he is disposed to credit a man'who
ter. In fact he knew of a ca'se of cca st. which  hias no property he will do it with his eye. open




405
to the consequences. In reply to the gentleman him a permanent abode. But he could see no
from Kent, (Mr. Chambers,) who had expressed reason for any exemption at all, either in the
his readiness to vote for a proposition which shape of a homestead exemption or otherwise.
would only screen the poor debtor from the He thought the tendency of all such laws was to
heartless and grasping creditor who could afford injure the class which they were designed to bento lose the debt, such a clause could not be in- efit. They destroyed credit; and credit was benserted in the Constitution. It would be ridicu- eficial to all classes; and to that portion of the
lous to attempt it. A homestead ought to be al- community designed to be effected by this propoways reserved. As to the property which may sition, credit was indispensable. It was better
be left by a deceased debtor, the wife and chil- to leave every man to himself; protect all from,
dren ought to be secured to the extent of three fraud and oppression; encourage industry; secure'hundred dollars. He knew of cases where cred- the rights of property; and facilitate credit. These
itors, just after the death of the debtor, had forced objects are best accomplished by providing the
the widow and children out of the hduse and most certain, expeditious, and convenient means
sold the property. The Act of Assembly which of applying all his property to the fulfilment of
had been passed last year, and' which the the owner's obligations. Legislationfwill never
gentleman from Dorchester had referred to, re- make men industrious, prudent, or skilful in the
serves only one hundred and fifty dollars, and management of their affairs. Exemption of any
that is exclusively to be paid out of her distribu- portion of the debtor's property from execution,
tive share. He pointed out the unjust operation encouraged idleness and improvidence, and lead
of this Act, by which a widow without children to poverty. He differed from the gentleman
could obtain from the insolvent estate of her from the city'of Baltimore, (Mr. Brent,) in his
husband seventy-five dollars, while a widow with construction of the act of the last session; that
children could obtain nothing'             act secured to the widow, property to the value
Mr. GwINN offered the following substitute:  of $150; at all events, if she have children; which
" The Legislature shall provide for the exemp- he knew to be the practical construction of it.
tion of property, real and personal, belonging to The case referred to by the gentleman from
any person dying insolvent, or taking the benefit Queen Anne's, (Mr. Grason,) could never have
ot the insolvent laws, to an amount not exceeding occurred; because the law already exempts from
three hundred dollars, from the proceedings of execution articles of domestic use such as that
creditors, and in case of such dying insolvent, or gentleman referred to, the necessary bedding for
of insolvency during life, the said property so the family, and the implements of trade. He
exempted, shall go in the first instance to the hoped that both propositions would be rejected.
wife or.widow, and then according to its nature,  Mr. GWINN said:
go as now directed by the statutes of descent or  That he designed his amendment to operate
distribution; provided, always, that the provisions in favor of the immediate family of the debtor.
of this section shall only apply to a father, mo- The debtor himself will be sufficiently protected
ther, sister, brother, husband, or wife, or~ child, by the security which the Constitution will afor grand child of the said person so dying or be- ford to his personal liberty, and by the necessacoming insolvent."                         ries which are now preserved by the amenity of
Mr. CRISFIELD objected to the amendment of the law from the hands of the creditor. But
the gentleman from the city of Baltimore, (Mr. where there is a wife or children, it is only right
Brent,) and also to the substitute for that amend- that the law shduld set apart something from the
ment offered by the other gentleman from that assetsof the debtor for their immediate wants.
city,-(Mr. Gwinn.) That substitute would not It is but analagous in principle to that rule of
meet the object which the gentleman himself had equity, which gives a wife a right to receive a
in view, certainly not the object the Convention portion of the shares in action, which pass to
had in view. The object, as he understood it, the trustee of an insolvent husband. Law should
was to secure a homestead for the head of every have its charities as well as rigor. The ends of
family beyond the reach of creditors; but the sub- justice are often better served by clemency than
stitute was to provide some thing in lieu of a harshness.
homestead; it was to exempt from execution real  Mr. DORSEY opposed the proposition, which
and personal property to a certain amount; but he believed would lead to endless difficulties,and
this was only to be done in case of a person dy- might frequently be productive of flagrant injusing insolvent, or becoming insolvent, which he tice. He thought, as the gentleman from Baltisupposed meant petitioning for the benefit of the more city, (Mr. Presstman,) did, that the term
insolvent laws; and the right of property was not family was too indefinite, and might embrace
to be vested in the personhimself, but in his wife those whom it was never intended to benefit.
or widow, and heirs or nearest of kin. It was Another objection was that the proposition was
net a benefit conferred on the person himself; he so prepared, that it might operate but little to the
was to receive no benefit from it; he must die or advantage of those who ought to be the espebecome an insolvent petitioner, before there cial objects and favorites of the measure. It is
should be any exemption. This was not what true, it strips the creditors without pretext of
was designed; and is not sustained by any of the justice or right, of three hundred dollars, even
reasons which might be urged for a homestead though it may reduce them to penury and destiexemption, which he supposed was designed for tution. It does not, as its apology, require that
the benefit of the debtor himself, to attach him the family shall be'in; a destitute condition withto "the soil and. prerent emigration by securing outother  -ains if support, before ttiis'h're




406
hundred dollars shall betaken from the creditors. before us, can but be indistinctly foreseen. It
The widow, if there be one, may, in her own would lead to frauds innumerable; annihilate the
right be possessed of a thousand acres of land, credit of the poor man, and leave him without
with valuable negroes, &c., and yet under the the means of rescuing his family from destituproposition before us, the creditors must be tion and want..
robbed for her benefit, of the three hundred dol-  Upon these grounds, and upon every principle
lars to be secured to her, &c. Can an apology be of justice and common honesty, he was opposed
offered, for thus plundering creditors to increase to the amendment now before the Convention.
the means of a wife and children already in afflu-  Mr. JENIFER moved that the whole subjectence? Yet, this may be the result of the mea- matter be laid upon the table.
sure now proposed for our adoption. And it does  Mr. BRENT, of Baltimore city, asked the yeas
not necessarily follow that the family of a de- and nays,
ceased or insolvent, are a wife or children. It  Which were ordered.
may be that his family are his father or mother,  Mr. BUCHANAN called for the reading of the
brothers or sisters, uncles or aunts, &c., all of proposition and amendment;
whom have fortunes of their own; yet for them  Which were read.
theothree hundred dollars must be wreed d from  Mr. BRENT, of Baltimore city, to meet objecthe impoverished needy creditors.           tions made against the proposition, a* originally
If this be a necessary article of our organic offered by him, modified his proposition to read
law, may Heaven forefend us against Constitu- as follows:
tions and Conventions. Surely we could not de-  "In all cases where the head of a family shall
sire to perpetuate such flagrant injustice as this, die or become insolvent, owning a, dwelling
by putting it out of the power of the legislature  house or homestead furniture, or other property,
to alter or control it.                     or where an execution is levied upon the properBut, suppose there are no wife or children, is ty of any debtor, the said house, homestead furit intended that this proposition shall embrace niture or other property, shall be exempt from
uncles, aunts, or any other persons who may  administration or liability to, or seizure by credhappen to reside with him, though' they may be  itors; provided, said property, real or personal,
all rich and independent? Are the creditors thus does not exceed the sum of         in
to be deprived of their hard earnings, to be given  value, but the same shall thereupon belong in
to those who are richer than they are?      equal parts to the wife and descendants of said
He thought the Convention ought not for a descedant!or debtor, and in the event that said
moment to listen to such an amendment. The property, shall exceed the um of
power to regulate these things is now in the leg-  n value, then there shall be a preferred lien on
islature. He was disposed to leave it there, and said property to the amount of
let the legislature' act as circumstances may call dollars, for the equal benefit of the said widow
for; it never would of itself adopt such a propo- ordescendants; provided, nothing herein shall
sition as this.                             affect creditors existing at the time of the adopIf we put this provision in the Constitution we tion of this constitution."
shall have tied up the hands of the legislature, so  The question then recurred on the motion of
that they will have no power to modify or change Mr. JENIFER:
the law, no matter how urgent may be the ne-  "Shall the whole subject-matter be laid upon
cessity, or universal the popular sentiment in fa- the table?"
vor of the change.                            And the result was as follows:
He then remarked on the difficulty which    affirmative-Messrs. Chapman, President, Riwould attend the practical operation of such a  caud, Lee, Chambers of Kent, Mitchell, Donaldprovision. The three hundred dollars is to be son, Dorsey, Wells, Jenifer, Ridgely, Colston,
equally divided, between the wife and children. James U. Dennis, Crisfield, Dashiell, Hicks,
If the latter be infants, as most probably would  Phelps, Sprigg, Bowling, Wright, McMaster,
be the case, not a particle of their portions could  Hearn, Fooks, Jacobs, Gaither, Thawley, Hardbeused for their support or education, until all castle, Stewart of Baltimore city, Presstman,
the expense and trouble must be incurred, of hav- and Ware-29.
ing a guardian appointed'by the orphans court to.Negative-Messrs. Blakistone, Dent, Hopeeach infant; and the expenses would consume the well, Weems, Bond, Buchanan, Bell, Welch,
whole subject-matter —the play not be worth  Chambers of Cecil, Grason, Shriver, Biser, An-'
the candle."                                nan, Sappington, Stephenson, Stewart of CaroThe deceased or intestate, might leave a dozen  line, Gwinn, Brent of Baltimore city, Sherwood
children, most of whom might be living at the of Baltimore city, Schley, Fiery, John Newcomtimeof the death or insolvency with their rela- er, Harbine, Michael Newcomer, Kilgour,
tions; yet though equally destitute, they would get Weber, Hollyday, Slicer and Smith-29.
no part of the plunder.                       A tie vote.
He thought if any thing was to be done on the  So the subject-matter was not laid on the
subject, it would certainly be the wisest plan to table.
leave the legislature to act untrammeled in the  Mr. RIDGELY said:
matter, and he had no fear of its perpetrating  He had voted to lay the proposition on the
such an enormity asthat now proposed for our table, because he thought it too important to be
adoption. The evils resulting from the measure hastily disposed of, especially when there is dan



407
ger, that we may come to an unwise decision. he did not desire to discuss it any farther here,
Therefore, he was disposed to leave the matter but would agree to argue a case stated, for the
to be disposed of by the legislature. He thought satisfaction of the gentleman, [Mr. Crisfield,] so
there was a great deal of force in the ramarks of that the courts might decide who was right.
the gentleman from  Anne Arundel, (Mr. Dor-   The question then recurred on the amendment
sey,) and that the proposition now offered,might of Mr. MCMASTER, to strike out the words "adoperate unjustly.                           ministator or."
The amendment as it was originally offered by  The amendment was rejected.
thee gentleman from Allegany, (Mr. Fitzpatrick,)  Mr. RIDGELY now offered his substitute as
appeared to have been the form which was the above given.
least objectionable.                          The question was taken.
Mr. RIDGELY gave notice of the following    No quorum voted.
amendment:                                    Mr. BRENT, of Baltimore city, asked the yeas
"Laws shall be passed by the legislature to and nays, which were ordered, and being taken,
protect from execution, a reasonable amount of resulted as follows:
the property of a debtor."                    Offirmative-Messrs. Chapman, Pres't., BlakisMr. BRENT defended his construction of the tone, Hopewell, Lee, Chambers of Kent, Mitchact of assembly. He did not desire to leave this ell, Donaldson, Dorsey, Wells, Weems, Merrick,
subject to the discretion of the legislature. It. Bell, Welch,,Ridgely, Colston, JamesU.Dennis,
was his wish to settle the question at once, and. Crisfield, Dashiell, Hicks, Phelps, Sprigg, Bowsecure this small boon to the families of deceased ling, Wright, McMaster, Hearn,Fboks, Gaither,
debtors.                                    Sappington, Stephenson, Thawley, Stewart of
Mr. CRISFIELD said he had ventured to differ Caroline, Hardcastle, Stewart of Baltimore city,
with the gentleman from the city of Baltimore, Sherwood of Baltimore city, Presstman, Ware,
[Mr. Brent,] in his construction of the act of the and Kilgour-37.
last session of the General Assembly; and not-  JNegative-Messrs. Dent, Ricaud, Bond, Jenwithstanding the great attainments and elevated ifer, Buchanan, Grason, Jacobs, Shriver, Biser,
position of that gentleman, he must be allowed Annan, Gwinn, Brent of Baltimore city, Schley,
to say that he still differed. The gentleman's Fiery, John Newcomer, Harbine, Nichael Newidea is that if the distributive share of the widow  comer, Weber, Hollyday, Slicer, and Smith-20.
should be less than $150, she would not, under  So the amendment was adopted.
the first section of that act, be entitled to take  Mr. DONALDSON then moved that the whole
that sum.  The gentleman had not read the subject matter be laid on the table.
whole section; he would read it; and.the mere;  Mr. KILGOUR asked the yeas' and nays which
reading, he thought would be decisive of the were ordered, and being taken, resulted as folquestion at issue, between them. Mr. C. here lows:
read the first section of the act as follows:. lffirmative-Messrs. Chambers of Kent, Mitch"That, in all cases hereafter, when letters of ell, Donaldson, Dorsey, Wells, Merrick, Jenifer,
administration or testamentary shall be issued by Hicks,Phelps, Sprigg, Wright, McMaster, Hearn,
any of the orphans courts in this State, and an  Fools, Jacobs, Gaither, Annan, and Presstinventory and appraisement of the personal estate man-18.
of the person deceased shall have been returned,  Negative-Messrs. Chapman, Pres't., Blakisby the executor or executrix, administrator or tone, Dent, Hopell, Ricaud, Lee, Weems, Bond,
administratrix, to the orphans court of the Buchanan, Bell, Welch, Ridgely, Colston, James
county, &c., the widow of such deceased per- U. Dennis, Cribfield, Dashiell, Bowling, Grason,
son shall have the right to take to herself, Shriver, Biser, Sappington, Stephenson, Thawand apply to her own use, and the use of her ley, Stewart of Caroline, Hardcastle, Gwinn,
children, such household and kitchen furniture, Stewart of Baltimore city, Brent of Baltimore
or other personal property as she may choose; city, Ware, Schley, Fiery, John Newcomer,
provided, the said deceased died seized of no Kilgour, Weber, Hollyday, Slicer, and Smithreal estate; provided the same shall not exceed 39.
in value, according to the inventory and appraise-  So the subject matter was not laid on the
ment aforesaid, the sum of one hundred and fifty table.,,dollars; and provided further, that the amount of  Mr DENT offered the following substitute:
personal property so selected to be taken by her,  "The Legislature at its first session after the
shall be deducted from her distributive share of adoption of this Constitution, shall make some
of said personal estate."-[1849, ch. 543, sec. 1.] provision by law, exempting a reasonable amount
There could be no misunderstanding as to the of the property of the heads of families from seiimport of this statute. By the plain words of the zure or sale for the payment of any debt, or lialaw, the widow was entitled to the sum of ]$50 bility thereafter contracted.''
"in all cases hereafter;" and the effect of the last' The question was taken.
proviso was simply to prevent her from taking  No quorum voted.
that sum in addition to her distributive share.  Mr. DENT explained that his proposition difShe is entitled to $150 in all events; when her fered from that of the gentleman from Baltimore
distributive share exceeds that amount, that sum  county in this respect: That his, (Mr. R's,) is
is to be deducted from the share.           too general in its provision, while his, (Mr.
Mr. BRENT in reply, stated that the construe- D's.,) substitute looks to a provision for a spetion of the act was purely a legal question, and. cial class. The proposition of the gentleman




408
hrom Baltimore county makes no discrimination  The question then recurred on the adoption of
of cases, but proposes to confer the benefits of Mr..RIDGELY'S amendment as an original propostah a provision on all alike, without regard to sition.
any circumstances or conditions; except that the  Mr. RANDALL offered the following substitute:
party in whose favor it is to operate, must be a  "That the Legislature shall pass such laws as
debtor. He had understood that the object con- may be required to secure to the widow and intemplated by such provision was a humane and fant children of deceased debtors, out of their
charitable object. It was intended as a boon of personal estate, some provision for their support
charity by the law, and there is no doubt, in look- in preference to creditors. "
ing to this object, it is our duty so to provide as  Mr. RANDALL thought, he said, that the benefit
to prevent the greatest amount of suffering and  of the proposition should be confined to the famwant to the debtor, and those helpless ones who  ilies of deceased debtors. The debtor may by
may be dependant on him, and at the same time his own means, or by the aid of friends in his
work the least amount of evil to the creditor. life-time recover himself. This reservation for
The heads of families are the parties in whose the benefit of his family out of the deceased's esfavor we would discriminate. They will be the tate, was nothing unusual, as such provision had
most worthy and the most needy recipients of been made in some of the States
such a favor. It will not be pretended that the  The reasons for the legal rights secured to
man without any family, with no one to provide widows out of real estate in preference to credior care for but himself, stands in an equal degree tors, regarding the times when they originated,
entitled to such legal exemption as the man who  require such additional provision now to be made
has a wife and helpless children dependant en- for the widow and infant children out of the
tirely upon his efforts for all the necessaries of personal estate, viz: the protection of the most.
life. He therefore proposed to authorize the helpless in society. in the early ages, when
Legislature to discriminate and make such provi- dower was awarded to widows, personal propersion as would confer the greatest amount of bene-  y was of very little consequence.
fit on the most needy and meritorious class, and  It was centuries ago, when the entire personal
at the same time avoid screening, by the law, property of the subject was probably little more
the property of him who has no responsibilities than his cattle, horse and accoutrements. Per-,or cares but for himself.                  sonal property was then worthy of little or no
Mr. PHELPS said, this proposition could not be consideration. The widow's right of dower, a
aegarded as one of charity. Individuals had the life estate in one-third of the landed property,
unqatestioned right to dispose of their own pro- was an interest in what, at that time, was ninetyperty as might seem to them right and proper. nine hundredths of all the property of the realmo
They might indulge a spirit of munificence and But circumstances have changed; and now, perliberality if they please, but this Convention has sonal property in England and in this country, is
no right to provide for the wants of one family at perhaps equal in value to the real estate. On
the expense of another. A. may die justly in- the same principle which gave dower, therefore,
debted to B. five hundred dollars, and the family in these early ages, we ought now to give (to
of the former be quite as dependant upon this sum  widows and children, over creditors,) an interest
as that of the latter, and yet if this proposition be in the personal estate.  Thousands die now,
engrafted upon the Constitution, the one must be whose whole estate consists of personal property,
impoverished for the benefit of the other. The and that too, perhaps, derived fiom the wife or
principle'in his estimation was radically wrong accumulated from her savings and industry. Is
and could not receive his sanction.         itjust that creditors should enjoy the whole-that
Mr. RIDGELY did not think there was any sub- she and her children should be deprived of every
stantial difference between this proposition and cent of property, at a time when they were also
what had already been adopted.              deprived of their husband and father? MoreThe yeas and nays were ordered and taken on over, public policy demands that at such a time
the amendment of Mr. DENT, and the result was as this, there should be some provision set apart
as follows:                                 for the necessary and temporary support of the
Messrs. Blakistone, DentHope-deceased's family. He did not know what was
well, Chambers of Kent, Mitchell, Donat dsop, the policy which caused the original proposition
Jenifer, Colston, Sprigg, Bowling. MDMaster, to be made, but he thought it should be our poliHearn, Fooks, Steplenson, Gwinn, Sherwood of cy to deduct from the estate to be divided among
B}altimnore city, Sebley,  winr,  ieowo 0e, creditors for the benefit of the widow and infant.altimore  city, Schley, Fiery, John Newcomer, children of a deceased alone. It would be better
Harbine, and Michael Newcomer-21.          that a few creditors have their dividends of the.Doegatve e-Messrs. Chapman, President, Lee, estate diminished, than that these widows and;Dorsey, Wells, Randall, Weems, Bond, Merrick
Buchanan, Bells,  Rnidgel,  James U. Dennisk, children should be thrown on society for mainteBPluchanan, Bell, Ridgely, James U. Dennis, nnce and education.:Crisfield, Dashiell, Kicks, Phelps, Chambers of anceand education.
Cecil, McLane, Grason, Wright, Jacobs, Shri-  And where would be the injustice of such a
ver, Gaither, Bise n, apingtonTha-course? The creditors will all know  beforever, Gaither, Biser, Annan, Sappington, Thaw- hand what the law requires, that this part of the
oley, Stewart of Caroline, Stewart of Baltimoreshat                      t     s at of te
city  Presstman, KIilgour, Weber, Hollyday, i- ppersonal estate ofa deceased man shall be set
cer and, Hollyday,Smith-34.                 apart for'his widow and children. They will act
>cr~ and.~ Smith~-3             upon this knowledge, and give credit accordingSo the amendment was rejecled.            ly. The reserved property will be assigned as a




409
preference claim, for the benefit of the most in-.Negative-Messrs. Dent, Chambers of Kent,
teresting portion of society, and generally, will Mitchell, Donaldson, Dorsey, Wells, Randall,
be only a srall deduction, from the claims of Merrick, Jenifer, Buchanan, Welch, Hicks,
creditors who know that this claim Would be Phelps,Sprigg, Wright, McVlster,Hearn.Fooks,
allowed, as against them, when they gave credit Jacobs, Annlan, Stewart of Baltimore city, and
to the former proprietor, in his life-time. You Presstman-22.
therefore, do no wrong when you adopt such a  So the substitute of Mr. RIDGELY was adopted
provision                                  as the original proposition.
If there can be any danger of wrong it is where  Mr. MITCHELL gave notice that he would,
you give property to the living debtor and take when there should be a full Convention, move a
it from his creditors. Frauds too are most apt re-consideration of the vote just taken.
to result from such a provision which a debtor
may at any time make for himself out of what           AN IMPRESSIVE SCENE.
should be the means of his creditors. This does, 
not apply to the case of a deceased man's family. the Convention, in various quarters of the Hall,
Mr. MERRICK suggested that the proposition be were giving strong evidences of a disposition to
modified, so as to embrace'infants."      make a precipitate retreat into the open air.
Mr. RANDALL said, he was willing to take that  Mr. MERRICK rose, and pointing in the most
modification which would render the proposition solemn manner to the clock, saidstronger.
Mr. CRISFIELD moved to strike out the word  Mr. President and Gentlemen of the'Convention:
"additional."                                [The earnest tone of invocation in which the
Mr. C. thought this proposition was a more oh- words were spoken, arrested the retreating movejectionable one. He read the proposition. The ment, and the PRESIDENT, calling the Convention
Legislature must pass laws to give the widow'ad- to order, and recognising the right of Mr. MERditional means. Already if she has no children, RICK to the floor saidthe widow is entitled to one half of the personal  The gentleman from Charles will proceed with
estate. If she has children she will have one his remarks.]
third. This proposition gives her and the infant  Mr. MERRICK continued. Sirs, I feel it to be
children a preference above all other persons. my duty to call the attention of this body to a
If the benefit is to be conferred to infants, what most grave and important subject-one which
is to become of grown children. Surely it is has engaged the most devout attention of philonot intended by the mover of the amendment to sophers, statesmen, and patriots, in all ages of
give to the families a larger proportion of means the world-whose interest has never flagged, and
than the law now provides. He would suggest whose influence upon the destinies of mankind
to the gentleman so to amend the proposition as can scarcely be exaggerated. It is no less a matto'leave it to the Legislature.            ter than the necessity which, at this period of the
Mr. RANDALL referred to the act of Assembly, day, every gentleman feels and understands, of
granting $159 to widows, and after briefly defend- recruiting the powers of weak, exhausted human
ing his proposition, intimated his willingness to nature. [Laughter.] I move that this Convenaccept the amendment.                      tion do now adjourn. [Roars of laughter.]
Mr. CRISFIELD suggested a modification.    And thereupon the Convention adjourned until
Mr. RANDALL modified his amendment, to to-morrow at ten o'clock.
meet the views of Mr. CRISFIELD.
The question on the modified amendment of
Mr. RANDALL was taken, and the vote stoodayes 18, noes 36.
So the amendment was rejected.
Mr. RIDGELY called the previous question.               TUESDAY, March 4, 1851.
There was a second. And the main question  The Convention met at ten o'clock.
was ordered to be now taken; [which main ques-was made,y the       e   Mr GRAUFF
tion was, on the adoption of the substitute of  Prayer ws  e   me  Rev. Mr. GRAU
The roll of the members was called.
Mr. RIDGELY in place'of the original proposi-  o qorum was present.
tion.]                                      No quorum was present.'J ~tion.]~~ ~The PRESIDENT sent the doorkeeper to notify
Mr. RIDGELY asked the yeas and nays, which the absent members who were in the city, to atwere ordered, and being taken, resulted as fol- tend the Convention.
lows:                                       After the lapse of some time,
affirmative- Messrs. Chapman, Pres't., Blakis-  The doorkeeper returned and made his report
tone, Hopewell, Lee, Weems, Bond, Bell, Ridge- to the Chair.
ly, Colston, James U. Dennis Crisfield, Dashiell,  The PRESIDENT informed the Convention that
Chambers of Cecil, Bowling, Grason, Shriver, the doorkeeper had discharged the duty assigned
Gaither, Biser, Sappington, Stephenson, Thaw- him.
ley, Stewart of Carollne, Gwinn, Brent of Balti-  Mr. MICHAEL NEWCOMER. I move that the
more city, Sherwood of Baltimore city, Schley, Sergeant-at-Arms be sent to bring in the absent
Fiery, John Newcomer, Harbine, Michael New- members who are in the city.
comer, Kilgour, Weber, Hollyday, Slicer, and  Mr. BowIE. Oh! whatisthe use? They will
Smith-35.                                   be here presently.
52




410
Mr. MICHAEL NEWCOMER. I adhere to my        "Will the Convention reconsider the said
motion.                                    vote?"
The PRESIDENT put the question on the mo-  No quorum voted.
tion.                                         Mr. WARE asked the yeas and nays,
Fifteen members not voting in favor thereof,  Which were ordered, and
(as required by the rule,) the Convention refused  Being taken, resulted as follows:
to sendthe Sergeant-at-Arms, to bring in the ab-  Jffirmative-Messrs. Chapman, President, Blasent members.                              kistone, Dent, Hopewell, Ricaud, Weems, Buch
A pause followed.                         anan, Bell, Welch, Ridgely, Lloyd, Colston,
Mr. WEBER then moved that there be a call James U. Dennis, Dashiell, Chambers of Cecil,
of the Convention.                          Miller, McLane, Grason, Wright, Shriver,
The call was ordered.                     Annan, Ware, Schley, Fiery, Neill, John NewThe roll of the members was then called,  comer, Harbine, Michael Newcomer, Weber,
And the names of the absentees were again   ollyday, Shower, Cockey and Brown-34.
called.                                      NAegative —Messrs. Lee, Chambers of Kent,
The PRESIDENT announced that a quorum  as Donaldso., Dorsey, Wells, Jenifer, Hicks,
now in attendance.                          Bowie, Sprigg, McMaster, Hearn, Fooks, Biser,
The journal of yesterday was thenread.    Sappington, Stephenson, Thawley, Stewart. of
The journal of yesterday was then r.     Caroline, Hardcastle, Gwinn, Stewart of BaltiOn motion of Mr. FIERY,         <.,       more city, Brent of Baltimore city, Presstman,
It was so amended, as to state the fact, that  ci    ren      aire ci       re    an
the motion to lay on the table the amendment of Slicer and Smih-25.
Mr. BRENT, of Baltimore city, in relation to the  So the vote was reconsidered.
homstead exemptions, was made by Mr. WARE,    Mr. MITCHELL now being in his seatand not by Mr. FIERY, as erroneously stated.  Mr. RIDGELY moved to amend the said amendAnd then the journal was approved,        ment by adding at the end thereof, the words:
"Ad tn te j l ws a.     Not exceeding in value the sum of five hunEXEMPTION FROM EXECUTION.           dred dollars."
Mr. HOLLYDAY moved to strike out "five" and
Mr. RIDGELY moved a reconsideration of the insert, "three" hundred.
vote, by which the following proposition offered  The question was taken, and
by himself, had yesterday been adopted:       The amendment was rejected.
"Laws shall be pas-ed by the legislature to  Mr. HICKS moved to strike out "five hundred,"
protect from exemption, a rea-onable amount of and insert "one thousand" dollars.
property of a debtor."                        Mr.'MITCHELL. I regret very much that this
It has occurred to  e, (said Ir Rigely ) upon question has been brought up to-day. 1 gave
It has occurred to me, (said Mr Ridgely ) upon notice yesterday of my intention to move a rereflection that the word "reasonable" anmiount, is a   yesterday of my intention to move a revery idefinite, term. The legislalure would be consideration of the vote, when the Convention
very indefinite term.  Tf~e le~iaiure would be should be full. As things are now, we may go
under no restraint whatever in fixing the amount so   be full. As things are now, we  ay 
to be exempted unldr this provision. Ifthe mo- on voting uon sums of two hundred, and five
tion to reconsider should be agreed to, shall hundred, and one thousand-and nothing will be
decided.
propose to amend the article by inserting the   e   ei           e      e     e 
words, "not exceeding in value the sum of five   of. HIC
hundred dollars."                           ment of Mr. HICKS.
lle designated this as a limitation upon the  Mr. H s asked the yeas and nays
legislature, beyond which they shall not go.  Th      in w  as then te, 
The question was then taken, and
Mr. WELLS desired to call the attention of the  The amendment of Mr. HICKS was rejected.
gentleman front Baltimore county, (Mr. Ridge-  Mr. THAWLEY moved to strike out "five hun-!.,) to the fact, that the gentleman from Kent, dred," and insert'one hundred."
(Mr. Mitchell ).had yesterday given notice of  Mr. STEPHENSON called a division of the
his intention to m ve a reconsideration of the question, on striking out;
vote; that gentleman was not now in his seat.  Which was ordered.
He, (Mr. W.,) would suggest to the gentleman  Mr. PRESSTMAN desired to offer a substifrom Baltimore county, (Vir. Ridgely,) that it tute
would be better to waive the motion until the  The proposition was not now in order.
gettlemar should be present.                  Mr. JOHN   NEWCOMER desired to offer an
Mr. RIDGELY said. he had no objection. If amendment.
the H,,use should agree to reconsider, he would  The PRESIDENT said, it was not in order at this
then offer his amendment, and it could lie on the time.
table for tie preient.                        Mr. JOHN NEWCOMER. The gentleman from
Mr. 1)oRSEY enqiired of the gentleman from  Baltimore county, (Mr. Ridgely,) has fixed the
Baltimore count), ( Ir. Ridgely,) what he pro- maximeum limit of five hundred dollars. I desire
posed to do with the fund-leave it in the hands to have a minitmum limit, and I will say one hunof the debtor, or what disposition would he make dred dollars. 1 give notice of my intention to ofof it?                                     fer this amendment, when it is in qrder.
Mr. RIDGELY. I leave that matter in the     The question was taken on the motion to strike
hands of the legislatnre.                   out, and
The question was then taken,                Was decided in the negative.




411
So the Convention refused to strike out.   The question then recurred on the adoption of
Mr. GRASON demanded the previous question. the ametdment as amended.
There was a second.                        Mr. BowIE asked the yeas and nays,
Mr. JOHN NEWCOMER. Is my amendment         Which were ordered,
now in order?                                And being taken, were as follows:
The PRESIDENT. It is not. No motion is in  Jffirmative.-Messrs. Blakistone, Hopewell, Riorder pending the demand for the previous ques- caud, Weems, Bond, Buchanan, Bell, Welch,
tion.                                       Ridgely, Lloyd, Colston, Dashiell, Chambers, of
There was a second;                      Cecil, Miller, McLane, Bowie, Sprigg, Grason,
And the main question was orderedto be now  Shriver, Gaither, Biser, Annan, Sappington,
taken.                                     Stephenson, Stewart, of Caroline, Gwinn, Brent,
The question was then stated to be on the of Baltimore city, Sherwood, of Baltimore city,
amendment of Mr. RIDGELY, adding at the end Ware, Schley, Fiery, Neill, John Newcomer,
of his own proposition the words, "not exceeding Harbine, Michael Newcomer, Weber, Hollyday,
in value the sum of five hundred dollars."  Cockey and Brown-39.
Mr. HEARN, (to the President.) Is it in or-.Negative.-Messrs. Chapman, President, Dent,
der now to move that the subject-matter be laid Lee, Chambers, of Kent, Mitchell, Donaldson,
upon the table?                            Dorsey, Wells, Merrick, Jenifer, Hicks. Wright,
The PRESIDENT. It isin order.            McMaster, Hearn, Fooks, Thawley, Hardcastle,
Mr. HEARN. I make the motion.            Stewart, of Baltimore city, Presstman,\Slicer and
The question was taken, and              Smith-21.
The Convention decided that the subject-mat-  So the article, as amended, was adopted.
ter should not be laid upon the table.       Mr. HICKS. I now give i, tice that at a conThe question then recurred on the amendment venient and proper time, I shall move lo re conof Mr. RIDGELY.                            sider the vote just taken, for the purpose of offerMr. DORSEY asked the yeas and nays,      ing an amendment which Istlppose it will not be
Which were ordered, and                  improper for me to read. I indicate this intenBeing taken, resulted as follows:        tion because we are here taking away the means
and the money of private individuals. That we
tRicmuative-Messrs. Blakistone, Dent, Hope- have a right to use the public money of the State,
well, Ricaud, oWeemsn Buchanan Bell, Welch,I do not controvert; but. that we have the right
Ridgely, Lloyd, colston, Dashlellr,  onstable, to say what portion of any man's money shall be
Chambers     of Cecil, Miller, i McLane, iwiae, taken from him hy force of arms, (for it is too
Sprigg, Grason, Shriver, Gaither, Biser, Annln,  tantamount to that,) is a propolition to which I
Sappington, Stephenson, Stewart of  arolne, cannot subscribe  Whilst we are at work on
Gwinn, Brent of Baltimore city, Sherwood of
Gwin, Bre int o  Baltimore re city, Sherwood of this matter, I think it would be better that we
Baltimore city, Ware, SchleyFiery, Neill John should work understandin hly and safelv, -as disHor.yday Coke an     rown40creet andeb            reasonable men should act.
Newcome, Harbine, MichaelCockey and Brown-40ble men sould act.
er, Hollyday, yockey and Brown-40.            Mr. H. then gave notice that, if the motion
Negative-Messrs. Chapman, President, Lee, hereafter to be made to re-consider the vote,
Chambers of Kent, Mitchell, Donaldson, Dorsey, should prevail, he would offer the tollowing proWells, Merrick, Jenifer, Hicks, Wright, Mc- position
Master, Hearn, Fooks, Thawley, Hardcastle,       And that any man who may hereafer die or
Stewart of  altimore cit y, Presstman, Slcer, become insolvent, in this Slate, leaving an estate
Smith and Shower-21. mless than five hundred collars. in every such
So the amendment was agreed to.           case, the sum of five hundred dollars shall be
The question then recurred on the adoption of provided (By the Legislature for the support of
the article as thus amended.                his family,"
Mr. MITCHELL, (to the Chair.) Is not an
amendment in order?                                THE LEGISLATIVE DEPARTMENT.
The PRESIDENT.   It is not. The previous    The Convention passed to the orders of the
question is yet in operation.               day, and resoumd the consideration of the report
Mr. PRESSTMAN. Is the vote we are about to of the committee on the Legislative Department.
take, the final vote?                         The C nvention passed to the consideration of
The PRESIDENT. Certainly.                 the twenty-first section, (postponed until this
Mr. PRESSTMAN. Is it not competent for me day.)
to move to strike out the article adopted yester-  The question before the Convention was on the
day, and which now comes up as an original amendment offered by Mr. Merrick on Friday
proposition, and to move to insert, in lieu there- the 28th ult., to come in at the end of said secof, another proposition.                    tion, as follows:
The PRESIDENT. It is not in order. if the  1"But it shall be competent for the Legislature,
gentleman will refer to the seventeenth and eigh- at any time when it can do so, to pay off its outteenth rules, he will see that the point is very  standing bonds or any part thereof, by an issue
plain.                                      of other bonds or stocks hearing a less rate of inMr. PRESSTMAN. I should like to hear thee terest and for no greater amount than the amount
rules read.                                 redeemed or paid off."
Some conversation fQllowed on the point. o;f  Mr. MERRICK said he had promised the Con-.
order'.'vention when he presented the amendment that




412
he would not trespass on their patience by any if he did not take the loan at three per cent. infurther discussion of the subject, unless such dis- terest, and pay off the debts bearing six per cent.
cussion should be rendered necessary by others. interest? It is not proposed to require the LegisHe believed the merits of the question had been lature to do this, but to leave them the power to
fully elaborated by previous debates, and he do so, if that state of things should arise which
would therefore now content himself with simply will enable them to do so; and the circumstances,
recalling to the mind of the Convention the true and condition of the State is such, as to make it.
nature of the question at issue.           wise and proper at the time. In my judgment,,
It was this: It was admitted by all, and had this salutary power should be left with the Legisbeen several times stated by himself and others, lature; and this is the whole question the Conthat a great change was about to take place in vention have now to decide. They must underthe monetary affairs of the world. To what ex- stand it; canjudge of it; and, therefore, I fortent this change was to go, none could foresee or bear any further remarks.
calculate with any certainty-it was certain only  Mr. MCLANE spoke at some length on the subthat the change was in progress. That from the ject of financial operations. The romarks will
action of ordinary causes, as well as because of be published hereafter.
the great and unexpected augmentation of the  Mr. MERRICK said:
amount of precious metals, the relative value of  He was glad to find so few points of differenceb
money was to be greatly depreciated, to be ac- between himself and the honorable gentleman
companied and followed, as the shadow follows from Cecil, (Mlr. McLane,) and the wonder was
the sunbeam, by a low rate of interest-possibly that there should be any, after the statements and
in a few years as low as three per cent. even in admissions of the honorable gentleman. He adthis country.                              mits. that by the operation I have before explainThe State of Maryland has a large outstand- ed we shall save three per cefnt. per annum upon
ing debt, bearing interest at the rate of six per the amount of State debt which may be so concent. If the state of things anticipated should verted. That is the great and the single object of
arise, the'State, if the amendment prevails, the amendment. If circumstances arise in which
would have the power, through her Legislature, that object can, in whole or in part, be accomto exchange her outstanding debt, which bears plished, the amendment proposes to give power
this high rate of interest, as it becomes redeem- to the Legislature to accomplish it-should those
able, for a debt at the lower rate of interest-  circumstances not arise, then the amendment
say three per cent.; and thus secure to the State will be inoperative, and can do no harri. It is
the difference between the two rates of interest, one of those rare propositions which will give
three and six per cent. upon the amount of her power for good but none for evil. The gentledebt so converted. The saving would be, sup- man admits the good, if it could be accomplishposing the whole debt could be so converted, ed; he also admits the approach of that state of
three hundred thousand dollars per year, and in things which will favor its accomplishmentthe same proportion upon such a commission of why not then give the power? The honorable
any amount of said debt less than the whole. gentleman has gone into a long argument upon
Without this amendment, under the sweeping re- general subjects of finance, and the fluctuations
strictions imposed on the power of the Legisla- in values and exchanges about which there is no
ture, by the section as it now stands, the Legisla- dispute, no differences of opinion, and upon which
ture will have no power to do this; and you will we may discourse as long and as eloquently as
be obliged to continue the payment of six per we please, and at the end, find ourselves just
cent. per annum, upon all that part of your out- where we started. I have proposed to bring the
standing debt which is now or may become re- mind and judgment of the Convention to bear
deemable, when you have not the cash in hand upon a single and plain proposition in the science,
to pay it off, although thousands of others may (if 5ou so please to call it,) of finance; which is,
be ready and anxious to lend you the amount that if you can exchange a six per cent. bearing
at three per cent. interest. Would it not be wise debt for a a three per cent. debt, you save three
to give the Legislature power to turn to the ad- per cent. by the operation. Nothing could be
vantage and relief of the people of the State, plainer nor moreisimple. And believing, for the
this condition of the money market, should it reasons assigned, that that state of relative values
arise as anticipated-taking care, as the amend- and exchanges is about to arise which may enment does, that the gross amount of the State's able you to effect such an operation, I propose to
debt, shall not be increased,by providing that the give the Legislature power, if they can accomnew stock to be issued, shall not be for any plish it, to do that most desirable thing. The
greater amount than the amount of debt redeem- correctness of my facts are admitted-the, aped, and shall bear a less rate of interest. It is a preaching depreciation in the value of money is
power which cannot be abused, and if used can admitted-the consequent fall in the rate of inbe used only for beneficial purposes. The case terest is admitted, and the great probability that
is precisely similar to that of an individual who the object might in whole or in part be accomowes on his land some fifty thousand dollars, plished is not controverted. And yetthe measure
bearing six per cent. interest. He has not the is opposed; and we are told that the approaching
money to pay off this debt, but he has other season of prosperity, is to be followed by another
neighbors or friends, who are willing to lend him  period of revulsion and distress, when money
the fifty thou-and dollars at three percent, would will again become high and scarce, and the pronot every one say he was blind to- his interests, ductions of labor and industry low. Well, sir, I




413
admit all that, and have stated it over and over not be so for years to ceome. I know that is so;:
again on this floor before. Every man who has but I also know that some of it is now redeembeen at all observant of the history and progress able, and more of it will become redeemable
of commerce and exchanges, knows that those next year, and we have not the cash wherewith;
fluctuations are constantly recurring-have fre- to pay it off. To that extent then, the principle:
quently occurred before, and as certainly as like of economy I have been advocating, could now
causes, under similar circumstances, produce like be applied, or can be applied when the rate of
effects, will occur again-and again, in future. interest shall fall a little more, perhaps at the;
The causes of these fluctuations are not always very next meeting of the Legislature.
visible, and seem mysterious often to the corn-  Besides, these stocks not now redeemable, are
mon eye, yet they depend upon fixed principles, not always to remain so; and those not now rewhich principles are easily understood; but great deemable, may become so at a time. When, in the:
knowledge, and close observation, and ripe judg- course of its oscillations, the pendulum of values
ment, are necessary to know how to estimate or and exchanges may be at the same extreme of
justly appreciate the modifying effect upon those the arc, that it now is approaching, and we may
principles of concomitant, concurrent, and con- not have in hand the cash to pay or redeem that.
ficting circumstances. The revulsion of 1837 stock with, at the time. Let the Legislature
has been adverted to as standing alone. That is a then have the power to make the saving operamistake; there have been other, and as great or tion I have explained, and which has not been,,
greater revulsions before. I will not stop to give and cannot be, denied to be legitimate, proper
the instances; they can be seen by reference. and beneficial, under such circumstances.
But whatof all this? Far from furnishing any ar-  The honorable gentleran has said, that it is in
gument against the proposition I have made-  contemplation, and fully calculated upon by the
they but prove its propriety and wisdom-but authorities of the State, to pay off the whole of
prove the probable occurrence of that very state our public debt, in twelve or fifteen years. I have
of things in which the power I propose to give good reason to know that is so. Having myself
the Legislature, can be used greatly to the bene- had some, not altogether insignificant, part in the
fit of the tax paying people of Maryland.  formation of the sinking fund of the State, I am
I have not denied that these fluctuations take not ignorant of its power,,its amount, nor the
place. I have not denied that money is at one additions to be made to it. All this is well-is
time plenty and cheap, and atanother time scarce glorious, and I rejoice from the bottom of my
and dear. On the contrary, I have affirmed, from  heart, at the bright prospect ot the early extin
the first, both propositions. ButwhatIhaveand guishment of the debt. But does this furnish
do insist upon, is, that seeing and knowing that any argument against facilitating the means of
these fluctuations do take place, and also seeing that early extinguishment? Rather letup, while
and knowing that that change is in rapid progress we rejoice in the hope and prospect of that gloand likely to go to great extent, which leads to rious result, contribute by every means in our
high prices of stocks and other things, and a very power to expedite, and make more certain that
low rate of interest-that it becomes us, as desirable consummation.
wise statesmen, Maryland being largely indebted,  The doctrine has been presented and denounto leave with the Legislature the power to make ced, "that a national debt is a national blessing.'*
the approaching change subservient to her inter- Who has ever advanced any such a doctrine
ests, and to avail of it to the relief of her peo- here? I know that doctrine has been been adple, by an exchange, as far as it can be done, of vanced in England, and strenuously maintained
her outstanding debt, bearing a high rate of in- there, where there may be some truth in it-at
terest, for other stocks bearing a less rate of in- least, it may be true with reference to those who
terest. This done, what does the argument there consider themselves'the nation, namely:
amount to, which goes to show that things will the King or Queen and Lords. It tends to give
afterwards again change, and interest become stability to the throne, and aristocracy, by bindhigh? Ttat change will not effect us. Our ex- ing the money power, by the ties of interest to
change will have been made, and we shall be the existing order of things. It renders capital
paying interest only at the rate 6f three per the ally of tyranny-and combined, they have the
cent., when the common rate may be six again. power, and use it, too, of oppressing the millions
Should this happen, it will only prove the wis- for the benefit of the few.
dom of the measure; and its possibility, or even  But who has everadvanced or maintained such
probability, is therefore no argument against it, a doctrine on this side of the Atlantic? I confess
but the reverse. No danger, no possibility of I have never heard it, and if advanced it would
danger, attends this proposed grant of power to riot and could not be tolerated for an instant.
the Legislature. Already there is in the new  We want no artificial ligaments of this sort here,
Constitution, the prohibition upon the contraction to bind the people to the government, or give it
of any larger debt, or new debt, whatever; also, stability. Ours is a government of the people
the prohibition upon lending or advancing the themselves-it is their own, and lives and has its
credit of the State, in any way or for any pur- being in their affections only; its principle is
pose; and this proposition is simply to give power equality of rights and duties and privileges to
to exchange the existing debt forone less burthen- all; it loathes and scorns all wrong and oppressome.                                      sion of any. Far, therefore, from needing or
The gentleman has said, that a large part of desiring the combination of the money power
our State debt is not redeemable now, and will with the government in the form of a national




414
debt, they should and do dread it as the worst it was in order for him to withdraw the proposienemy to the vital principle of the republic. tion he had heretofore offered, and to submit in
Money is a most powerful lever in the affairs of lieu thereof a substitute.
men. It is of infinite use as a subordinate agent  After some enquiry as to the state of the ques-but it is no less powerful as a means of op- tion, and some conversation on the point of
pression-and ruthless always is the tyranny sus- order,
rained by it.                                The PRESIDENT stated that such a motion was
There is not, there cannotbe a voice here then, in order.
for a continuance of a national nor a State debt,  Mr. GEORGE thereupon withdrew his amendtone moment longer than necessity requires. The ment, and offered the following in lieu thereof:
object sought after, most anxiously desired by  "No debt shall hereafter be contracted by the
us all, is the early and final extinguishment of  "No debt shall hereafter be contracted by the
our public debt. But we desire to see it paid of Legislature, unless such debt shall be authorized
ou    r public debt. But we desire to see it paid off by a law, providing for the collection of an anIf we can so arready an ow as with fa i rness and nual tax or taxes, sufficient to pay the interest on
If we can so arrange now as with fairness ani such debt as it falls due, and also to discharge the
justice to the public creditor, to reduce by one- such debt as it falls due, and alsoto discharge the
third or one-half the amount of annual interest principal thereof within fifteen years from the
we have to pay, such an arrangement would cer- time of contracting the same; and the taxes laid
tainly expedite, or at any rate, greatly facilitate for this purpose shall not be repealed, or applied
the final payment-and the twelve or fifteen to any other object, until the said debt and the
years to elapse, according to the estimates refer- interest thereon, shall be fully discharged,; and
the amount of debts so contracted and remaining
red to by the gentleman, before the final pay- t he amount of debts s contred one hundred thousand
ment of this debt, is a very long time to be pay- dounpllaid   shall n ever exceed one hundred thousand
ing a double,or much'too great a rate of interest,
when a little wisdom now, and good manage  propriate the public money, or pledge the public
ment hereafter might avoid it.            faith for the use of individuals. associations or
The honorable gentleman has said, that altho' corporations; or make appropriations, loans, or
he foresees the approaches of a season of abun-subscriptions to any work of internal improvement; but the Legislature may, without laying
dance of money, and low rate of interest-yet, atax b   ut the Legisature may, without laying
he also sees in the signs which are t6 produce
thereafter, another season of great depression, thousand dollars, to meet temporary deficiencies
and he gives as those signs, the great importa- in the Treasury, and may contract debts to any
tions into the country, and the fact that many of amount that may be necessary for the defence of
the States of the Union, especially, in the west,  Mr. G. said, that the object was to let the
are again eagerly embarking in systems of inter- Convention take its choice between this proposinal improvement.
He may argue correctly, and I believe does, tion and the substitute of the gentleman from
except that I am strongly persuaded, the' recur- Cecil, (Mr. Constable.)
rence of another revulsion is much more distant  Mr. MERaCK then   moved to amend said amendthan the gentleman seems to suppose; but that it ment, by adding at the end thereof, the followwill come, I have no doubt, if not with the regu- ing:
larity, at least with the certainty of the reflux of  "And they~may at any time, whe:, it may bethe tides of the ocean. I hope our statesmen in come practicable to do so, redeem and pay off
the west and elsewhere, will forsee its approach the whole or any portion of the outstanding
in time, and provide against its consequences. stocks or bonds of the State, by an issue of other
But what is that to us now, for our present ob- stocks or bonds for no greater amount than the
jects and purposes? Tutored in the school of stock or bonds redeemed and bearing a less rate
experience, we have guarded against all danger of interest."
to our State from such causes, by the restrictions  Mr. CONSTABLE intimated his intention herealready engrafted upon the Constitution we are after to offer some propositions by way of amendmaking. All our great works of internal im- ment.
provement are completed, or nearly so, and we  Mr. JENIFER suggested to his colleague, (Mr.
are in future to embark in no others. We shall, Merrick,) the propriety of fixing some limitation.
therefore, be in the proud and happy position of The question, as it appeared to him, was merely
dreading no consequences from such a revulsion, whether it will be better for us to pay an interest
let it come when it may. But all this again has of six per cent. on our bonds for ten years, or of
nothing to do with the present argument. We three per cent. for twenty or thirty years. He
have now only to deal with a simple proposition  read the amendment to show that it justified this
to leave with the Legislature power to save, if construction. He thought there could be no difthey can, a portion, and it may be a very large culty in paying off the public debt, as it was calportion, of the interest we are now paying on led, by gaining an extension of time. The only
our public debt, and of relieving to the eXtent question is, whether it is not better to pay off
they may so save in our annual expenditures, the such bonds as are, or as they may become due,
tax-paying people of the State, from the purpose and then empower the Legislature toconvert the
of taxation. This is the single, simple, naked six per cent. bonds into three per cent stocks at
proposition the Convention have to decide, and a period not longer than ten years.'The State
with them I now leave it.                  would derive not benefit, as was conclusively
Mr. GEORGE enquired ol the Chair,- whether shown by the gentleman' from Cecil, (Mr. Me



415
Lane,) if we agree to pay the same aggregate vision by which thenew stock should be redeemaamount of interest, whether we pay it in fifteen  ble, at the pleasure of the government, not later
years or in thirty years. The question then was than seven years after it is issued.
not the payment of the public debt, because the  Mr. MERRICK wished to say one word on the
conversion of the bonds, no matter in what man- subject of the limitation proposed, upon the time
ner, does not extinguish the debt. But, Mr. J. the new stock would have to run. He thought
said, the only one was, whether we should post- it objectionable, for the reason that it would impone to a longer period of time, the payment of pair the value of the new stock in the market, and
the debt, by the purchase ot three per cent. or would not be productive of any good effect
other less rate of interest than the six per cent. whatever. If that state of the money market we
bonds. He agreed with the gentleman from Ce- anticipate should arise, this new stock, if negoticil, (Mr. McLane,) that it was better and safer ated at all, can, consistently with its objects,
to let the present system continue as it now works. only be negotiated when interestshall be at a very
Mr. J. said he should be in favor of authorising  low rate, suppose about three per cent. It can
the Legislature or Troasurer to borrow, upon  only be at some such low rate, the arrangement
short time, sufficient funds to pay off any deficit as contemplated by the amendment, of paying off
which might arise on account of the interest,  a stock "bearing a high rate of interest, by the
Mr. CHAMBERS congratulated himself on the issue of a similar amount of stock bearing a low
fact, that the distinguished gentlemen who had  rate of interest"' can be accomplished. If this
spoken on the subject, had concurred in the end be accomplished, and your six percent. stocks
views he had the honor to submit a few days redeemed, and your stocks outstanding bear inl
since, as to the propriety of a vigorous eff'ort to terest only at the rate of three per cent, there
pay off the public debt as promptly as possible. will in the event of future fluctuations causing a
The amendment of the gentleman from Charles rise in the value of money, be no difficulty, if the
only authorise~ the Legislature to re-issue bonds State has the money, in redeeming this three per
when it can be done at the par value of the ex- cent. stock, though its redemption be not stipulaisting debt. There cannot be more than a mil- ted for in the bonds; the very change in the values
lion at six per cent. exchanged for a million at adverted to will make this redemption easy-for
the reduced per cent. The only objection to the reason,that if moaey becomes more valuable,
this conversion of stock from a larger to a snlal- say worth six per cent;. a year, State bonds bearler interest, seemed to be that the period limited  ing only three per cont., must fall below par; and
for the discharge of the new debt, might be ex- therefore, if the State should have the meals of
tended to an unreasonable length.
tended to an unreasonable length.          redeeming them, at a time when this state of
However the valuation of money and other arti- things exists, they c:ta be purchased by your fiscles might fluctuate, there could be no difference cal agents below par, and thus another large proof opinion as to the advantage of paying a small fit or saving may be  ade for the State.
rate of interest in preference to a large rate. If
on the very same day one man receives six dol-  Mr. CHAMBERS aslked if his friend from Charles
lars for his one hundred, and another receives did not see, that if money rise above par just at
three for his hundred, most certainly the receiver the moment when the State is called on to pay
in one case gets double the value as well as dou- its bonds, it would have to pay more than par or
ble the sum for the use of his money. Of course them. These fluctnatiens are sometimes sudden
no holder of a bond bearing six per cent., would and always unavoidable in any market.
exchange it for a bond of the same security at a  Mr. MERRICK said he would authorize the Lelesser interest, unless extension of time or some gislature to issue blonds bearing the lowest rate of
other element to increase its value was offered interest. No one calculates that the interest of
as the inducement. The bonds at six per cent. money is going to, fall so very low as one oi two
could therefore only be converted when at matu- per cent. We know its oscillations are continurity, for stock on time at a reduced rate of inter- ally going on. This amendment 1: oked to nothest.                                       ing more than. to authorize the Legislature to
But we have now some portion of our public borrow at'the lowest rate of interest, to pay
debt actually due, and payable at the pleasure of off a debt bearing a high rate of interest. All
the government, and more might become due at that he now sought for was to compare opinions
a period which would allow an issue of new  with other gentlemen, and then to adopt the'plan
stock, at lower interest, on reasonable time, which in the view of the Convention would be
without extending the period at which the large the wisest.
portion of the debt is redeemable. Why not al-  Mr. McLANE replied. His remarks will be
low the government the advantage, in the mean given hereafter.
time, of converting the portion of the debt actu-  Mr. SPENCER read the proposition of his friend
ally due into stock bearing less interest? Every from Queen Anne's, (Mr. George,) and referred
one who heard his remarks a few days since, to the amendments and argumenzts since presentwould know his earnest anxiety to get rid of the ed, and contended that if the amendments were
public debt at the shortest possible period, yet he adopted, the legislature might authorise the paycould perceive nothing in the proposed plan which ment of one bond of a million, by the substitution
was in collision with this view, provided there of another bond of the like value, and appropriwas a reasonable limit to the credit to be given ate the money in the treasury to other purposes.
on the new stock. He therefore would offer, and The proposition of his colleague requires it to be
ask the gentleman from Charles to accept, a pro- appropriated to the discharge of the public debt




41.6
and interest, and to no other purpose, and that burthens, and to give them to some extent present
thelegislature shallcreate no new debt.     relief. We now raise by taxation, from the
He contended that the appropriation of money pockets of the people, some six hundred thousand
for other purposes did not involve the creation of dollars a year for the payment of the interest on
a new debt. On the contrary, he contended that the public debt. If the exchange of stocks the
it would not. The legislature couldat any time, amendment proposes to give the Legislature
pay offa million by substituting another million power to make, can be effected, and your whole
bond. He contended that there was no probabil- debt often millions bearing six per cent. interest,
ity of the success of any plan looking to the con- can be exchanged for a debt of the same amount
vertibiJity of stocks, as no man would give up a bearing interest at the rate of three per cent. only,
bond bearing six per cent interest for one bear- we certainly would save by that exchange three
ing three per cent.                         hundred thousand dollars a year; and instead of
Besides, the State has no power to redeem the raising annually by taxation six hundred thousand
debt at its pleasure. The holder of a bond, bear- dollars a year to pay the interest-three hundred
ing six per cent interest, would not consent to ac- thousand dollars only would be required for that
cept payment, when money was at a depreciated purpose; and one half the present taxes might be
value. His loss would be certain; no good repealed. This is the object; and this would be
could come from the amendments, but great the effect. If not to the whole extent, to as
harm.                                       great an extent as the exchange could be effected
Mr. MERRIoK expressed his surprise, thatgen- by the Legislature. Far then from continuing
llemrn on all sides, should continue to argue as taxes beyond the period during which under the
if the question pending, was a bill directing the existing state of things they would be requiredproposed negotiation to be actually made- this measure contemplated gives immediate rewhereas it was a proposition merely to leave the lief to the people, by dispensing with the necessipower with the legislature, to cause this pecunia- ty for a large portion of them.  NTo man could be
ry negotiation to be made hereafter,Nif the pro- more anxious than he was to see the public debt
pitious circumstances so often spoken of and ex- extinguished, and he was anxious to see every
plained, should arise; and they, the legislature, means used which could fairly and honestly tend
should in their wisdom upon a view of all the to expedite and facilitate thatresult, and accomconcommitant circumstances, judge it to be for plish it with the least possible amount of taxathe advantage  and interest of the State to do tion. It was a high and holy duty, incumbent
so. He was no less surprised to find such upon every one, to lessen the burthens of the
strong manifestations of a fixed purpose to strip people, as far and as soon as could be made conthe future legislatures of all salutary power, of sistent with the public faith and honor. As tenall ability to conduct and regulate the affairs of ding to this end, he had moved the pending prothe State,in such manner as wisdom and patriot- position. To that end it would operate, if it operism might, under circumstances hereafter to ated at all, and it could operate to none other.
arise, (and of which,knowing nothing about them, He would now leave the matter with the Conof course, this Convention cannot judge,) con- vention.
duce to the happiness and well-being of the peo-  Mr. BRowN. I think this question has been
pie of the State.                           sufficiently discussed, and I am anxious to get on
Is thereto be no faith, no confidence placed n- with the business. I move the previous questhose who are to compose our future legislature? tion.
Is all wisdom, all virtue concentrated, in this  Mr. CHAMBERS, of Kent, sent to the Clerk's taConvention? Who are to be our future legisla- ble the amendment he had indicated, and which
tors? Are they not to be the same men that are was as follows:
now here, or there descendants, or the descen-  Poided, That such new bonds or stocks
dants of other citizens of the State equally wise, shall be made redeemable within seven years
equally virtuous, equally patriotic,with the mem- f   the ime f teir ben issue
bers of this Convention? Gentlemen must cal- fro   the time of  their b eing issued.
culate upon a melancholy degeneracy, a sad fall-  Mrif MEcationK accepted th e amendment as a
ing off in the old Maryland stock, if those who        o 
are to compose our legislators in future, are to be  Mr. JENIFER suggested another amendment to
utterly unworthy of all trust and confidence. I his colleague, (Mr. Merrick,) which led to some
thought the age was progressive. Man was ad-conversation between the two gentlemen. Mr.
vancing in morals, science and learning-and farM. explaining that the object of his colleague
from becoming in future less wise and patriotic,would be accomplished by the amendment i its
were to be expected to improve upon their ances-modified form.
try.                                         Mr. CONSTABLE requested Mr. BROWN to withIn response to the gentleman from Cecil, (Mr. draw the demand for the previous question, to
McLane,) who had argued that the pending pro- enable him, (Mr. C,) to say a few words in reposition would continue existing taxes beyond ply to the gentleman from Queen Anne's (Mr.
the period which would otherwise be required Spencer.)
for the payment of the public debt, he must say  Mr. BROWN assented.
that such an argument appeared to him strange  So the demand for the previous question was
indeed. It was not so intended; it could have no withdrawn.
such effect. Its end and object was to save mo-  Mr. CONSTABLE spoke at length in reply. His
ney to the State; to relieve the people from their remarks will be given hereafter.




41.7
Mr. GRASON rose, he said, not with a       But he had stated that another purpose of the
view to object to the propositions of the gentle- last clause of the section he prr posed, was lo
man from Cecil, (Mr. Constable,) but to answer enable the State to redeem its loans when they
the objections which had been made to the pro- became payable, in case there wei e not adequate
position of his colleague. The gentleman from  funds in the treasury, by borrowing at a lower,
Cecil, is unwilling to confer power upon the rate of interest if money were then abundant.
Legislature, to contract debts to the amount of The gentleman from Cecil, (Mr. McLane,) had
one hundred thousand dollars, because, to that then misapprehended the purpose of that clause,
amount, the money might be applied to any pur- supposing it to mean that money should be borpose whatever. If the gentleman would examine row.d at a low rate of interest, to buy up the
the articles, submitted by his colleague, (Mr. State loans not yet due and at premium in the
George,) he would find that it could not be ap- market. He agreed with that gentleman that
plied to the use of societies, corporations, or to such a course would be bad financiering. He
purposes of internal improvement. His col- now understood that gentleman to say that if
league had not enumerated the objects to which loans, when they became redeemable, were disit migh, be applied, because it was impossible to charged, as they could be, at par, with money
forsee all the contingencies which might occa- borrowed at a lower rate of interest, the State
sion a deficiency in the treasury. It was obvious, would of course be the gainer by the difference
however, that the current revenue might occa- in the interest.
sionally be insufficient to pay the interest on the  Mr. McLANE assented. He had so said this
public debt, and meet the necessary expenses of morning.
the State. The statehouse or the tobacco-ware-  Mr. DONALDSO6N continued:
houses, might be destroyed by fire and the Legis-   r 
lature should have the power to borrow a limited Ths part of his proposition was now urgamount to meet such contingencies as thev arise. ed as a separate amendment by the gentleThe gentleman from Cecil apprehends that theman from Charles, (Mr. Mrrik.) He (Mr
D., considered it well that such a power should
Legislature, if this power were conferred, would           we that    h a power should
enter into every kind of wild speculation  but be given, but with great deterence to that gentleas the amount of debt to be contracted was limi an he must ay, that s importance had been
ted to one hundred thousand dollars, and was to very much overrated. We never could save any
be accompanied by a tax, and could not be ap- great amount of money by the operation contemplied to the use of corporations or to the pur-   for the simple reason, that the mass of
poses of internal inprovemlent, there could be our debt was not redeemable until the years
no danger of an abuse of the power. If  1870 and 1890. Before the first named period,
no danger of an abuse of the power. If the irnmediate representatives of the people could not he hoped that all our debt woul I be extinguished;
be trusted to this limited extent, it would be bet- for, if our tax system remai untouched, the
ter to abolish the Legislature.            sinking fund and the surplusses will have absorbMr. DONALDSON said tire amendment of the ed the whole. It was only, then, to so much of
gentleman from Charles, (Mur. Merrick,) was our debt as was now redeemable, or would soon
ge  Charles, (Mr. Merrick,) was become so, that the amendment could apply; and
suggested, he believed, by a clause of the sectionbeco  sohat the amendment could apply and
which he, (Mr. D.,) had proposed some days the gain to the State inany case, could not be
before, and which the Convention had rejected. very considerable  As a matter of course, the
The purpose of that clanse he had explained at holders of our stock would not surrender the
the time, to be mainly to provide for a tempora- stock for par when it commanded a premium in
ry deficit of revenue, if any such should occur. the market, and we could not commute for a lowThe treasurer now, under an Act of Assembly, er rate of interest until the time fixed for rehad the power to make such a loan, and he con- demption.  The gentleman from Charles had
sidered it important to the credit of the State probably forgotten at what distant dates most of
that the power should not be taken away. He our loans were payable.
had before explained how, on account of the ine-  There was much force in what the gentleman
quality of the expenditures of different quarters  from Cecil said on the danger of protracting the
there might be a deficiency at the particular day the time ol final pay mert of the debt by new loans,
when money was needed, although the whole even at a lower rate of inte est than the old. It
year might show a large surplus. If some great might lead to a reduction of taxes, and he agreed
calamity were to happenito our public works in that such a result would more than counteract
the course of any year, and we are bound to the benefit to be derived from the saving in inconsider such contingencies, we might find the terest. To meet this view, it was better to place
power to borrow absolutely necessary, to save some limit of time, as suggested by the gentlethe public faith, and yet, the sum borrowed, man front Kent, (Mr. Chambers,) within which
could so soon be repaid out of accruing revenue, the new loans should certainly be redeemable.
that the levying a new tax would be useless and  Mr. D. declared his great satisfaction at the
absurd.  These considerations. however, had strong expressions of the gentleman from Cecil,
had no weight with the Convention. Under the in favor of continuing in full force our present
influence of a panic, proceeding from the recol- system of taxation until our whole debt is dislection of former extravagance-gentlemen must charged. He himself had taken occasion a week
excuse him for saying,so-the power had been ago to express his views on that subject, in anentirely destroyed. Time would probably show  swer to the gentleman from Frederick, (Mr.
who was right on that point.                Thomas,) and his friend from Kent, (Mr. Chan53




418
bers,) had ably supported the same side of the an article of traffic, a subject for speculation, and
question. Mr. D. repeated what he had before on offering them a shade above the market price,
asserted on this point, and said, that if it were the stock is at your service and is thereby refully realised that all our uebt would be discharg- deenred. The State will, therefore, meet with
ed in the course of ten or twelve years, the pre- no difficulty in redeeming the great portion of its
sent value of every rood of land in the State debt,as soon as it possesses the means of doing so.
would be increased, in spite of the taxes we have  He desired the sinking fund or rather its into pay.                                   come and accumulations to be used for that purIn regard to the system of internal improve- pose, as it heretofore has been as long as the
ment adopted by this State, and the consequent holders of the State debt, would, by sale or reburdens of taxation, he took the liberty of differ- demption, permit the operation. When the
ing in some degree from the gentleman from Ce- impracticable stockholders, (if he might so call
cil, who seemed tolook upon them as evils of such them,) put an end to the operations of the
tremendous magnitude. He, himself, when he sinking fund in Maryland stocks its investments
considered the peculiar position and circumstan- should be made in State stocks of Massachusetts,
cesof Maryland, did not hesitate to say, that New  York, Virginia, etc., until the amount
in spite of all the money recklessly wasted on thereof purchased, was adequate to the payment
project3 that should not have been entertained, of the Maryland debt as its maturity, and in the.and in spite of all the taxation we had suffered, meantime, to keep down the interest thereon. At
the whole result had been beneficial to the State. that desirable epoch, he regarded our State debt
Those public works which were already produc- as paid; it then would cease to excite dread or
tive of great benefit to the State, and which he apprehensions in the minds of the mosttimoroas.
considered absolutely essential to her future pros- I I e stated that the value of State stock, mainly
perity, would not have been undertaken, if they depended on the remoteness of the period at
had depended solely on private capital and enter- which it was redeemable. The more remote
prise. If they had not been undertaken, Mary- that period, the higher the market price of the
land would have sunk into insignificance among stock.
her sister States. Nor has the pressure of debt  He, therefore, was in favor of the power probeen without its advantages to us, not only in posed to be given'by the gentleman from Charles.
testing the public virtue, but in giving valuable But his desire for its adoption had been nearly
lessons for the future. The system would have extinguished,by an amendment he had accepted,
been an almost unmixed benefit, if the true finan- which, he believed, had almost wholly paralized
cial principle had been followed, of providing in its original efficiency.
the laws creating the debt, substantial ways and  Mr. McLANE enquired of Mr. DoRSEY, if he
means for its liquidation. As the State then had could name any instance in which such a finanno receipts from internal improvements, taxation cial operation as that contemplated by the genshould have been at once resorted to. Then ex- tieman from Charles, had ever taken place?
travagance and speculative schemes would have  Mr. DORSEY could nlot, at the moment, call to
been effectually checked. Still, taking matters mind any such instance, as he was not very conat the worst, the whole result was, in his opinion, versant with stock operations, never having been
beneficial.                                engaged in them, but had no doubt there had
been many such, for reasons most obvious.
Mr. DOaSEY without intending to make any ex- been ma  such, for reasons most obvious.
tensive remarks, could not but notice some of  He then illustrated his statement by putting
the strange propositions which he had heard, as a supposititious case of atransaction between two
to the effect of the conversion of stock, and the individuals; and stated that he had seen accounts
calculations which had been made of the early of such transactions, but could not now specify
extinguishment of the public debt. He had never time. He repeated that the value of the State
felt any great horror of a mere public debt. The bonds depended on the time they had to run. He
only real ground of dread is, when a Stats has a had seen in a recent publication of the price of
heavy debt, which it is unable to pay. The State stocks, that a five per'cent. stock which had a
was now in such a condition, that if the amend- long time to run, was selling at a higher price
ment proposed the other day by the gentleman than a six per cent. stock redeemable in a shorter
from Worcester, had been adopted, he should period. This he had seen, and he supposed othhave said we were in a state of happy exemption ers also had seen it.
from alldisquietude upon the subject. Heknew  He presumed the five per cent stock had a
that a great part of the debt would not be pay- long time to run, and that the six per cent. stock
able until 1870 and 1890, and he also knew that was payable now or in some short period. He
all the calculations which had been made of the objected to the limitation of seven years, because
actual payment of the entire public debt were he conceived it was too short a period. iHe did
somewhat problematical. Some of the persons not think the debt could be paid in twelve or
who hold Maryland debt, will hold on to their fourteen years, not because the State would not
bonds, and reject all offers for their redemption; be able to pay it before that time, but because
but the number of such is not large, and they in- all the holders of the bonds will not sell or reterpose no serious obstacle to the State's emanci- ceive the money for them. But the gentleman
pation from its public debt. The great body of from Cecil asks if we have a surplus in the Treathe bond holders are mere speculators, who hold sury what do we mean to do with it? And then
the debt not as a permanent nyvestment, but as he goes on to express his fears that it will be dis



419
sipated in unwise speculations. Not so. He,   Mr. CONSTABLE asked a division of the queslike the gentleman from Carroll, (Mr. Brown,) tion upon striking out.
had too much confidence in the Legislature to  A division was ordered accordingly.
feel any such apprehensions, and the constitution-  Mr. Mc HENRY moved to amend said amendal provisions already adopted rendered such in- ment, by adding at the end thereof these words,
discretions morally impracticable. Hethenwent "or meet the just liabilities of the State incurinto a view of the operation of the sinking fund. red previously to the adoption of this ConstituThe moment that fund becomes adequate to the tion."
public debt and interest thereon as it accrues,the  This amendment Mr. CONSTABLE accepted.
Legislature will repeal all our taxes, and not  Some explanations followed, in which Messrs.
wait until 1870 or 1890; when our debt is re- MCLANE, SPENCER, CONSTABLE, and THOMAS,
deemable.                                  took part.
He admitted that States, like individualb, were  On a suggestion by Mr. McLANE,
bound to discharge their obligations. Whendebts  Mr. CONSTABLE further modified his amendbecome due, every individualstrives to pay them; ment, by retaining that portion of the proposition
and when he finds difficulty for the moment his of Mr. GEORGE, which is in the following words:
notorious solvency and punctuality, enable him  "But the Legislature may without laying a tax
to borrow for the purpose. He had no such idle borrow an amouit never exceeding fifty thousand
terror of debt, that he would not be perfectly dolars to meet temporary deficiencies in the
willing to give his bond for ten thousand dollars, Treasury."
bearing an interest at three per cent., and at the  Mr. THOMAS expressed his preference for the
same time lend the same amount on a bond bear- proposition of Mr. GEORGE. He alsocalled ating six per cent., to a person of as unquestioned  tention to the amendment which had been offersolvency as himelf.                         ed by Mr. MCHENRY and accepted as a modifisifotheny Sa  b  td t... f  cation by Mr. CONSTARLE, and which he (Mr.
If the State by extending the time of paymnt  regarded as an ob   onable and perilous
nt   T.) regarded as an objectionable and perilous
could issue bonds at an interest of five per cent., p ositio.
and receive in exchange its own bonds at six pr nd then, without taing any question the
cent., the exchange would be a beneficial opera- Convention adjourned until to-mrrow at te.'I,   t           [|- 1uConvention adjourned until to-morrow at ten
tion. And here Mr. D. read a statement which  olok
he had prepared, to show the immense gains by
such an operation after a long period of years
upon the just principles of compound interest.
By carrying on the calculation, it would be
seen what would be the effect of the sinking
fund, before the debt becomes due. The people
of the State are not now discontented about the      WEDNESDAY, March 5th, 1851.
taxes. They all agree that it is netter to contin-  The Convention met at ten o'clock.
ue them until the means of paying the public  Prayer was made by the Rev. Mr. GRAUFF.
debt have been provided, when taxation should  The roll of the members was called, and a
terminate. He repeated that he had entire con- quorum being present, the journal of yesterday
fidence in the virtue and discretion of the Legis- was read and approved.
lature, under th6 restrictions we have already
imposed on it, and he thought that power should          LICENSE SSTEM
be vested in them to make such appropriations  Mr. SELLMAN presented a petition of sundry
as future events might render indispensably re- citizens of Anne Arundel and Calvert counties,
quisite. He would,therefore, votefortheamend- praying that the privilege to sell intoxicating
ment under consideration.                   liquors shall not be granted to any person in any
Mr. D. then said that he was now enabled to part of the State, except the same shall be first
point the gentleman from Cecil to one instance sanctioned, or approved of by a majority of the
where a six per cent. stock before it became due, votes in the election district where the same is to
to the best of his recollection, and that of his  be sold.
friend from Baltimore, was converted into a   Which was read, and
five per cent. stock. It was the stock of the city  On motion of Mr. SELLMAIN,
of Baltimore.                                 Referred to the select committee appointed on
The question was then stated to be on the that subject.
amendment of Mr. MERRICK.
Mr. DORSEY moved to amend\the amendment,         DESECRATION OF GRAVE YARDS.
by striking out the words "seven years."      Mr. DAVIS presented a petition of George L.
Mr. D. said, he saw no object in retaining L. Davis, of the city of Baltimore, for the prothese words  They paralysed and destroyed the  tection of "grave yards."
object of the amendment.                      Which was read, and
The amendment was rejected.                 On motion of Mr. DAVis,
And the question was then taken on the amend-  Referred to committee No. 14.
ment of Mr. MERRICK,
And it was rejected.                             THE LEGISLATIVE DEPARTMENT.
The question then recUrred on the substitute  The Convention resumed the consideration of
of Mr. GEORGE.                              the special order of the day, being the report of




420
the committee on the legislative department of  Mr. MCHEENR  said, there would be no objecthe governnment                            tion on his part.
The question pending before the Convention on  Some conversation followed, after which
yesterday, being on the adoption of the amend-  Mr. CONSTABLE modified his proposition by
ment offered by Mr. CONSTABLE, and amended on striking out the words "or to meet the just liabilithe motion of Mr. McHENRY.                 ties of the State, incurred previously to the adopMr. BROWN moved to strike out the words "or tion of this Constitution?
to meet the just liabilities of the State incurred  Mr. MeHENRY now moved to amend the
previously to the adoption of this Constitu- amendment of Mr. CONSTABLE, by inserting the
tion"                                      following in place of the words just stricken,
[These words were yesterday proposed by Mr. out:
Mc HENRY and accepted by Mr. CONSTABLE, as a  "Or absolutely necessary to enable the State
modification of his proposition.]          to discharge in good faith its just liabilities inMr. McHENRY said, he did not desire to de- curred previously to the adoption of this constitain the Convention, nor was he so arrogant as to tution.'
suppose that any remarks which he could submit,  Mr. McH. said, it seemed to him that if there
would counter-balance the force of the opposition was any force in the meaning of words, the
which the distinguished gentleman from Frede- amendment asnow modified by him, could not be
rick, (Mr. Thomas,) had yesterday made. He, liable to the objections urged against it yester(Mr. McH.,) must, however. be permitted to day by the distinguished gentleman from Freddisclaim any intention to authorise the State to erick, (Mr. Thomas.)
borrow money for schemesof stock-jobbilg. He  Mr. THOMAS remarked that, as special referdoubted whether the words of the amendment encehad been made to him by the gentleman
conveyed any such signification. No man in the from Harford, (Mr. McHenry,) he, [Mr. T.,]
State, or out of it, was more opposed than him- would respond simply by saying, that he could
self, to the corruption and iniquity of stock-job. not vote in favor of the proposition. He did not.
bing and trading with the public money. He deem it necessary to enter again upon a stateread and explained his amendment. In the event ment of the objections which he had indicated.
of such a convulsion as had swept over the He preferred the amendment of the gentleman
country in 1837, again occurring, it was probable from Queen Anne's, [Mr. George.]
that a deficit in the treasury of the Stale far ex-  Mr. McHENRY said:
ceeding fifty thousand dollais might take place.  He had hoped,thatthe gentleman from FredeIt was to meet a ca-e of that kind, as any other rick, (Mr. 1 homas,) would find that the amendcase in which the faith of the Stawe was justly, ment, as now modified, was free from the objecand properly pledged, that he had offered his tion which had been urged yesterday. He was
amendment. If any gentleman of more experi- sorry that so important a proposition had so feeence than himself, would suggest a form of words ble an advocate as himself. He could only exwhich would meet the object he had in view, press the hope that it would recommend itself to
and would not be liable to the exceptions taken the favor of the Convention, and he would ask the
to his own, he, (Mr. McH.,) would cheerfully yeas and nays on its adoption.
adopt it. They had all the same object at heart-  Mr. GRASON rose, he said, to call the attention
the maintenance untarnished of the faith and of the Convention to the question as it now
honorof the State.                         stood. It would be remembered that the two
Mr. BROWN said, that no man would question articles submitted by his colleague, [Mr George]
the purity of the motive, or the singleness of the had been adopted by an almost unanimous vote.
object of the gentleman from Harford, (Mr. But many members of the body, upon reflection,
McHenry.) But in his, (Mr. B.'s) judgment, were apprehensive that the restraints placed upthe amendment would bear a construction which on the legislature were not sufficient, and, therethe gentleman himself did not intend should be fore, it was suggested to his colleague, that it
put upon it. It seemed to hiin, (Mr. B.,) that might be advantageous that the articles might be
the amendment gave to the,Legislature the power reconsidered, with a view so to amend them, as
to adopt the very course;indicated in the amend- to prevent the legislature in the most positive
ment of the gentleman from Charles, (Mr. Mer- terms, from againembarking in any wild or extrarick,) and which had been voted down by the vagantschemes For his own part, he wassatisConvention.                                fled with the tw6 articles in the form in which
He, (Mr. B.,) could not vote for the proposi- they had been adopted; because, in the course of
tion of the gentleman from Cecil, [Mr. Consta- his experience, he had found that when men
ble.] so long as this provision remained in it. If were anxious to obtain too much, they were apt
tile gentleman would strike out this provision, he to obtain less than they originally asked.
[Mr. H.,] would vote for the amendment rather  Itseemed:to him that the restrictions imposed
than for the proposition of the gentleman from  by the amendment of his colleague, were sufficiQueen Anne, [Mr George.]                    ent to secure the people from the imposition of
Mr. CON'TABLE expressed his desire again to further burthens. He was satisfied that, if these
modify his amendment, by striking out the provi- articles had been a part of the original Constitusion offered by the gentleman from Harford, tion, the State would not at' this day have been
[Mr. McHenry,] yesterday, and accepted by him- incumbered with one cent of debt.
self. He, [Mrl. C.,] would withdraw that branch.  But as it was a matter of great importance to
of the amendment, if no objection was made.  prevent the legislatue from contracting a large




421
amount of debt, and knowing that the motion to drawn, they were complicated-and it would be
reconsider would be made, he was disposed to impossible for any man but a lawyer to compreaccede to the wishes of gentlemen who desired hend their fall extent and operation.
greater restrictions, rather than risk the whole  Reading the first, second, and third branches
provision. To his mind, the most important ob- of the substitute of Mr. CONSTABLE, Mr. G. exject to be accomplished by the call of this Con- pressed the opinion that all these details were
vention was to place restrictions upon the legis- provided for, and the whole ground covered by
lature-to prevent them hereafter from involving  the proposition of his colleague.
the State in pecuniary difficulty. But he did not  The fourth proposition of the gentleman from
wish to treat the legislature, as a captured enemy  Cecil was, that the Legislature shall have no
-refusing to them, even the honors of war.  power, to appropriate money for anypurpose, or
The proposition of his friend from Cecil, (Mr: to any object for which they are not authorised to
Constable,) actually treated the legislature as if raise the sum so assessed by a general State tax.
they were a foreign enemy; the gentleman was It seemed to him, (Mr. G.,) that this section was
afraid to trust them with any expenditure of the somewhat obscure. He took it for gi anted that
public money. And it was his, (Mr. G's.,) opin- the Legislature at present had no power to apion that the propositions of the gentleman from  propriate the public money for any purpose for
Cecil, [Mr. Constable,] even in their original which they might not raise a tax. But, accordshape, were much more likely to involve the ing to the language of the gentleman from Cecil,
State in difficulty than the proposition of his, it might happen that an appropriation was need[Mr. GC's..] colleague.                   ed of one thousand or fifteen hundred dollars for
With all the interest which he felt in this mat- the payment of some particular services. The
ter of legislative reform, he did not wish to em- question would then come up before the Legislabarrass and tie down the legislature by Constitu- ture, whether they had the right to levy a tax
tional provisions in such a manner as to stop the upon the people'to pay this sum. He thought
wheels of the government. He was disposed to that this was rather obscure-too minute-and
believe that the objection to the proposition of that it was better provided for in the amendment
his colleague, if any could be raised against it, of his colleague.
was that it was too stringent.               The next branch, as to the imposition of State
He, [Mr. G.,] would himself have been willing taxes for the defence of the State, and the payto go to the extent of one hundred thousand, in- ment of the principal and interest of the public
stead of fifty thousand dollars, to meet deficien- debt, was provided for in the amendment of his
cies in the treasury, not fearing that any prejudi- colleague.
cial results would have followed from the adop-  "To defray the necessary expenses of the Govtion of this more extended limit.         ernment," was anotherobject provided for in the
The question which the Convention hadlnow to same section. This was a branch under which,
decide, was whether they would take the propo- he thought, more abuses might creep in, than
sition of his colleague, [Mr. George,] as modi- could under the amendment of his colleague.
fled, or would take the various propositions of  The sixth and last article related to the exthe gentleman from Cecil, [Mr. Constable,] and emption of property from taxation. He thought
with them, the amendment of the gentleman that the Legislature should have the power to
from Harford, [Mr. McHenry.],exempt from the operation of any system of taxHe, [Mr. G,] understood that the true mean. ation property simply enough for the purposes of
ingof the amendmentof the gentleman from  public worship,' &c.; he meant churches and
Harford, was, that the legislature might impose burial grounds. Yet, as he construed the propotaxes, for the purpose of redeeming the public sition of the gentleman from Cecil, (Mr. Constadebt, hitherto contracted. The gentleman seem- ble,) it did not exempt churches.
ed to act under the supposition that no provision  The fifth section gave the Legislature a generhad been made for the payment of that debt. al power to establish a system of public schools,
Yet we had heard from various quarters of the adequately endowed, throughout the State. There
Convention, and amongst others, from the gen- was a general feeling throughout the State, by
tleman from Anne Arundel, (Mr. Donaldson,) men who were zealous upon the subject, that
whose intimate knowledge of the financial condi- private resources were not sufficient to kepp up
tion of the State was well known, that, in the these schools, but that it was necessary for the
course of twelve or fifteen years, the payment of Legislature to resort to the public Treasury, and
this debt would be accomplished under the provi- take from it money raised by taxation for the ession now made for the purpose. There was, tablishment of a more general system. There
therefore, no necessity for making any provision was nothing in his colleague's proposition which
to pay off the debt hitherto contracted.   prohibited the Legislature from making approMr. McHENRY interposed, and turning to Mr. priations for public schools. But at the same
Grason, made a remark apparently in explana- time it contained no invitation or incitement to
tin. of which nothing was heard by the Re- that end. The Legislature would be prompt
porter.                                    enough to apply the public funds to purposes of
Mr. GRAsoN then proceeded to examine seri- education without any suggestion in the Constituatim, the propositions of Mr. CONSTABLE-re- tion. The danger rather was that they would
marking at the outset, that he, [Mr. G.,] object- run into the contrary extreme, and that there
ed generally to them, becanse, notwithstanding would be as great atrage for schools now as there
the ability of the gentleman by whom they were was for internal improvements twenty years ago.




422.He objected to such a provision on another cessary purpose. The Statehouse, as had been
ground-which was, that we already had in par- suggested, might be burnt down; and it would
ticular counties ample funds for the purpose. It cost sixty or seventy thousand dollars to rebuild
was so in Queen Anne's. Mr. G. explained the it. So with the Penitentiary-the Maryland
operation of the school system there-and show- Hospital-the asylum for the Deaf and Dumb-.ed that a school house was built in'every prima- or the Blind Asylum.  All these were public
ry school district-by taxes levied upon the peo- property, and large sums of money would be reple residing in such districts, and with their con- quired to re-build them. Great principles of
sent. Would a county so situated be willing to public policy, of benevolent and philanthropic
adopt a general school system by taxation, in ad- action, were involved in these establishments,
dition to what they had already borne, for the and they should not be left to suffer. Yet, acpurpose of educating children in the different cording to his view of both the propositions, all
parts of the State?                        these objects would be entirely defeated, unless
There were other objections, of considerable they fell within the limit of the one hundred
force, which struck his mind in reference to the thousand, and the fifty thousand dollars.
various propositions of the gentleman from Cecil.  Another objection to the phraseology of the
lHe, (Mr. G,) had already pointed out such as amendment of the gentleman from Queen Anne's,
lie considered the main objections. The others [Mr. George,] was, that the Legislature should
were subordinate. The Convention must decide not appropriate money for the use of individuals,
which of the two amendments it would take. &c. Now, if the proposition was adopted in
He was satisfied that the proposition of his col- this form, the Legislature could not appropriate
league covered every inch of ground that ought one cent to the payment of a claim no matter
to be covered; and, he repeated, that if it had how just it might be. Surely, the Convention
any defect at all, it was that it restricted the Le- did not intend any such thing. He was sure that
gislature too much. He believed it a matter of his friend from Queen Anne's could not entertain
high importance that salutary restraints should such an idea. And yet, under the proper, legal
be imposed on the Legislature, but the Conven- construction of the amendment, we must come to
tion should take care not to go so far as to incur this conclusion.
any danger of arresting the operations of the  Why should we lay a tax at the same time that
Government. He thought it would be better to we raised a sum of one hundred thousand dolbe satisfied with the proposition as it stood.  lars? It might be wanted for the purposes which
Mr. CONSTABLE made some observations tp had been'indicated by the gentleman from Queen
shew what were his views on the subject of the Anne's, and there were others which he, [Mr.
power which ought to be confided to the Legisla- B.,] could designate. Why not allow the State
ture with regard to appropriations. His remarks to borrow the money upon the general credit of
will be published hereafter.               the treasury, without laying a tax? It could be
Mr. GRASON made some remarks which will done, and it seemed to him that there was no nebe published hereafter.                    cessity for laying a tax when we raised one hunMr. MERRICK remarked that he did not rise to dred thousand dollars, any more than there was
inflict a speech. The Convention had already when we desired to raise fiftythousand dollars to
listened to-day, to speeches from  two able and meet a deficit in the treasury.
learned gentlemen, and he thought that with the  He was willing to impose all proper restriclightswhich had been shed upon the question by tions upon the Legislature. He would not authem, and by other gentlemen in the course of thorise them, under any circumstances, to lend
the general debate, the Convention must now be the credit of the State to private associations or
ready to vote. He, therefore, demanded the pre- companies, or for works of internal improvevious question.                             ment. But he thought that the Convention had
Mr. BowIE requested the gentleman from    gone as far as the public safety demanded' or
Charles, [Mr. Merrick,] to withdraw the de- public policy required, when they had leached
mand, to enable him, [Mr. B.,] to say a very few  that point. Nor did he believe it requisite to
words. He would, if required, renew the mo- specify the objects for which these appropriation.                                       tions should be made. The necessity of a speMr. MERRICK acquiesced.                   cific grant was not the same with a State
So the previous question was withdrawn.   as with the federal government. He was wilMr. BOWiE said, he had intended to take no ling to specify the prohibitions, but could see no
part in this diseussion, and to content himself with necessity for a specific grant of powers. He
giving a silent vote. But, in looking over the thought the proposition of the gentleman from
proposition, he found its phraseology to be such Cecil, [Mr. Constable,] in this respect, went too
as would prevent him giving it his support.  far.
- He took it for granted that the Convention, on  He, [Mr. B.,] had drawn up an amendment,
all sides, was pretty well united in desiring to which, it seemed to him, would accomplish the
prohibit the Legislature from running the State objects aimed at by both these propositions, diinto any great public debt. That was the main vested of the objections he had indicated. It was
object in view. In accomplishing this end, the not now, he, believed', in order, but he would
Convention should take care to use no language read it as a part of his remarks.
which would prevent the Legislature making ap-  Mr. B. read the amendment.
propriations that might be absolutely necessary  Mr. MCLANZ invited the gentleman from
to defray necessary expenses, or for any otherne- Prince George's, [Mr. Bowie,] to give his view




423
of the terms "just liability," employed in the house, the Hospital, or the Tobacco warehouses,
amendment of the gentleman fronm Harford, [Mr. in case they should burn down. It really would
McHenry.]                                  be a great deal better, in his opinion, to take
Mr. BOWiE said, he could well conceive, with away entirely the power to borrow in any event,
the gentleman from Harford, that some legisla- than to put such a provision as this, in our Contion might be necessary to consummate aA engage- stitution, which was now seriously proposed.
ment already entered into,'jpon the faith of the  Mr. SPENCER. One word as to the term of
State, in relation to these works of intelnal im- fifteen years. The gentleman from Anne Arunprovement. He was not ready at this moment del,seemed to regard this proposition as frivolous.
to specify  There were a great many contigen- So it would be in different circumstances. But:
cies which might take place, rendering such an the State of Maryland is largely in debt-to the:
appropriation necessary; and the Convention amount of millions. If the State was out ofdebt,,
should not impose restrictions upon the Legisla- one hundred thousand would indeed be nothing..
ture, which would prevent them, in the exercise But this one hundred thousand dollars, when adof an honest discretion, from making such an ap- ded to the millions already outstanding, helps to,
propriation, if it should be required.     make the debt more onerous. He thought it right
Mr. B. renewed the demand for the previous that the restriction shonld be inserted in the Conir
question, but, with the consent of Mr. MERRICK, stitution. The limitation of fifteen years had
waived it.                                 been fixed on, owing to the peculiar situation i a,
JMfr. GRASON made some remarks which will which the treasury now stands.
be published hereafter.                      The question was then stated to be ont- the
Mr. DONALDSON gave notice that he would, at amendment of Mr. MCHENRY.
the proper time, offer an amendment, [whichwas  Mr. MCLANE referred to the latitude of,conreod, and will be found hereafter.]       istruction of which, in his judgment, the a:ml ndmanii   from Harford, [Me. McHeriry,] to state
fr. DONALDSON said:                       ment was susceptable, and invitled the ge' ntleHe hoped there was no doubt about the adoption what in his view this "justliability  t s ta
of the amendment he proposed. He considered, 
it essential for the purpose of making perfectly  Mr. McHENRY replied that he couTd only
sure the fulfilment of the State's obligations. It answer for his own intention and object. The se,he
was most probable, that we never should have to supposed; he had sufficiently explained, in t e reborrow for the purpose of paying the interest of marks he had before made. He referred again
the debt, at any quarter;but that such.a necessity to the contingency of a revulsion, such as; had:
should occur, was by no means impossible, and occurred in 1837, when all the sources of rein maintaining the State faith, there should never venue might be stopped. He alsodeclared that
be any uncertainty. He had stated several times he had in view the payment of any jut claim
before, that on account of the great inequality of against the State, whatever its extent mig ht be.
receipts and expenditure, at the different quar-  Mr. McLANE felt himself less disposed, he
ters, we might have a considerable surplus of re- said, to support the proposition under the ex.planavenue in the whole year, and yet a deficiency at tion of its object made by the gentleiriah who ofa particular quarter. By the temporary failure fered it, than he had been before, and indicated
of some of the public works, or by the occurrence his intention to vote against it.
of some unforeseen casualty, there might be a  Some explanatory conversation followed bedeficiency at some quarter of more than fifty thou- tween Messrs. BowIE and McLANF;.
sand dollars, which was the extreme fixed in the  The question then again recurred.on the amendarticle of the gentleman from Queen Anne's [Jtr. ment of Mr. McHENRY.
George.] The treasurer now had the power,    The yeas and nays were ordered.
conferred by the Legislature, to make a loan for  The question was then taken and the result
such a purpose, according to the actual necessity. was as follows:
He thought that power should not be abridged.  lffirmative - Messrs. Chapman, President,
Mr. D. said, he had no intention of again argu- Blakistone, Dent, Hopewell, Ricaud, Lee,Chaming the propriety of restricting the Legislature, bers, of Kent, Donaldson, Dorsey, Wells, Ran-,to the extent proposed in this article. That the dall, Weems, Merrick, Crisfield, Goldsborpugh,
Convention had settled in opposition to his views, Bowie, Sprigg, Bowling, McMaster, McHenry,
whether wisely or not, would be hereafter seen. Schley, Fiery, John' Newcomer, Davis and
But he could not help remarking, that it seemed Smith-25.
to him a mere mockery, to provide, as this arti-  AN7egative-Messrs. Sellman, Bond, Jenifer, Bucle did, for levying a tax to pay off, in the course chanan, Bell, Welch, Chandler, Ridgely, Lloyd,
of fifteen years, a debt, which, in the aggregate, Colston, Dashiell, Hicks, Constable, Chambers,
should not exceed one hundred thousand dollars. of Cecil, Miller, McLane, Spencer, Grason,
Such a debt could be paid off without taxation, George, Fooks,Thomas, Shriver, Gaither, Biser,
in less than a year. Our annual surplus now, is Annan, Sappington, Stephenson,Thawley, Stewmore than three hundred thousand dollars. He art, of Caroline, Gwinn, Stewart, of Baltimore
supposed~that it was contemplated to have all the city, Brent, of Baltimore city, Presstman, Ware,
financial machinery of a regular sinking fund, to Neill, Harbine,, Michael Newcomer, Weber,
absorb this immense sum of one hundred thou- Hollyday, Slicer, Parke, Ege, Shoivwrj Cocke:
sand dollars, in fifteen years; and until that was and Brown-45.
effected, we could not evbn re-build th6e Statez  S thameidment was rejected,




424
The question then recurred on the modified  amendment, by striking out the word "indiviamendmentof Mr. CONSTABLE.                  duals."
Mr. CONSTABLE again modified the amendment  Mr. THOMAS asked the yeas and nays,
by striking out the words "without paying a   Which were ordered, and
tax."                                         Being taken, resulted as follows:
The words were, Mr. C. said, unnecessary..ffirmative-Messrs. Chapman, Pres?t, BlakisThe question then was on inserting the amend- tonaeDen, D Ricu, WLee, Chambers of Kent,
nent of Mr. CONSTABLE, in lieu of the first para-Donaldson, Dorsey, Wells, Randall, Sellman,
graph of the amerndmentoffered yesterday by Mr  Weems, Jenifer, Ridgely, Crisfield, Hicks,GoldsGEORGE.                                  r  borough, Constable, Bowie, Sprigg, Bowling,
Spencer, McMaster, Fooks, McHenry, Schley,
Mr. WEEMS asked the yeas and nays which   Fiery, Neill, Harbine, Davis and Kilgour-31.
were ordered, and being taken, resulted as fol-  Negative-Messrs. Merrick, Buchanan, Bell,
lows:                                       Welch, Chandler, Lloyd, Colston, James U.
iffirmative-Messrs. Blakistone, Dent, Hope — Dennis, Dashiell, Chambers of Cecil, Milier,
well, Sellman,Weems,Bond, Merrick,Buchanan, McLane, Grason, George, Thomas, Gaither,
Welch, Chandler, Lloyd,Colston, James U. Den- Biser, Annan, Sappington, Stephenson, Thawi.is, Dashiell, Hicks, Constable, Chambers, of ley, Stewart of Caroline, Hardcastle, Gwinn,
Cecil. Miller, McLane,McMaster,Hearn, Fooks, Stewart of Baltimore city, Presstman, Ware,
Gaither, Stephenson, McHenry, Hardcastle,John  John Newcomer, Michael Newcomer, Weber,
Newcomer, Jtichael Newcomer, Parke, Shower  Hollyday, Slicer, Smith, Parke, Ege, Cotkey
and Brown-31.                               and Brown-37.
NJegative-Messrs.Chapman, President,Ricaud,  So the amendment was rejected.
Lee, Chambers, of Kent, Mitchell, Donaldson,  The question then recurred on the amendment
Dorsey, Wells, Randall, Jenifer, Bell, Ridgely, ofMr. DONALDSON.
Crisfield, Goldsborough, Bowie, Sprigg, Bow-  Mr. THOMAS asked the yeas and nays,
ling, Spencer, Grason,George,Thomas, Shriver, Which were ordered.
Biser, Sappington, Thawley, Stewart, of Caroline,'Gxwinn, Stewart, of Baltimore city, Sher-  Some explanations followed as to the construcwood, of Baltimore city, Presstman, Ware, tion of the amendment, by Messrs. SPENCER,
Schlev, Fiery, Neill, Harbine, Davis, Kilgour,THOMAS, MLANE and D   LSON.
Weber, Hollyday, Slicer, Smith, Ege and       The question was then taken on the amendCocker —43.                                 ment of Mr. DONALDSON, and the result was as
So tlie amendment was rejected.           follows:
The question thenrecurred on the amendment.fflrmative-Messrs. Chapman, Pres't, Dent,
of Mr. GEORGE.                              Ricaud, Lee, Chambers of Kent, Donaldson,
Dorsey, Wells, Randall, Sellman[ errick, JeniMr. ]DONALDSON, moved to amend said amend-fer, Crisfield, Hicks, Goldsborhgh, Bowie,
ment by striking out all after the word "improve-  Sprigg, Bowling, Spencer, Grason, George,
ment," to the end thereof, and insert the follow- McMaster, McHenry, Schley, Fiery, Neill, John
ing:                                        Newcomer, Davis, Kilgour, Weber, Slicer and
"But without laying a tax, debts may be con- Smith-32.
tracted to any amount that may be necessary to  Negative-Messrs. Hopewell, Weems, Buchprovide for the punctual payment of the interest' anan, Bell, Welch, Chandler, Ridgely, Lloyd,
ofthe public debt now existing, or in case of Colston, James U. Dennis, Dashiell, Constable
war, or to suppress insurrection."          Chambers of Cecil, Miller, McLane, Foote,
Mr. CHAMBERS, of Kent, suggested certain di- Thomas, Gaither, Biser, Annan, Sappington,
visions of the question on the amendment of Mr. Stephenson, Thawley, Stewart ofCaroline,HardGEORGE.                                     castle, Gwinn,,Stewart of Baltimore city, Brent
Mr. C. referred to the provision prohibiting  of Baltimore city, Presstman, Ware, Harbine,
appropriations of money for the use of individuals. Michael Newcomer,  Hollyday, Parke, Ege,
He concurred in the spirit of the proposition  Cockey and Brown-37.
which was, that the legislature should not mix  So the amendment was rejected.
itself up with private enterprise. But as the  Mr. DAVIS then moved to amend said amendprovision now stood, it would continually embar-  ment by inserting after the word "corporations"
rass the legislature.                       in the twelfth line, these words, "except for purHe suggested several cases in which difficul- poses of education."
ties might grow out of it, and said, that if these  Mr. Davis called the attention of the Convendifficulties could be removed, he would vote for tion to the fact that by this proposition, the Lethe amendment. He preferred it to the proposi- gislature were deprived of any power to make
tion of the gentleman from Cecil, [Mr. Consta- appropriations for the purpose of education. In
ble.]                                       his part of the State, the people generally were
Some explanations as to the just interpretation  desirous to have a system of education establishof this branch of the proposition took place, be- ed. And now we are here, blocked up by this
tween Messrs. GRASON, CHAMBERS, of Kent, provision, which prevents any appropriation for
SPENCER and THOMAS.                         any kind of improvement, even for the education
Mr. CHAMaBRS, of Kent, moved to amend the  of the children in the State.




425
The question was stated to be on the amend-  Mr. T. went on to say that he was not willing to
ment of Mr. DAVIS.                          have his vote on the journal on this question
Mr. D asked the yeas and nays,            without explanation. If there was any prospect
Which were ordered.                       that justified the expectation that there would be
Mr. EGE suggested to the gentleman from   a fair republican apportionment of repre-entaMontgomery, [Mr. Davis, ] so to modify the tives in the Legislature, he might feel less hostile
phraseology of his amendment as to say " for to a proposition to confer upon that body a power
common school purposes." The term " educa- like that proposed. But foreseeing that no Letion " was very indefinite.                 gislature will be organised by this Convention
Mr. DAVIS declined to modify. The word that will give to the majority of the people the
"education " comprehended, he thought, the ob- power to make our laws, he was not di-posed to
ject he had in view.                        encourage an expenditure of the public money
Mr. IGE.  The term "education"' compre- for purposes of education. Without this article
hends much more than I desire. I shall be con- in the Constitution, the Legislature would have
strained to vote against the amendment.     power to do this, but he would not encourage the
The question was then taken on the amend- exercise of this power. He would, if he could,
ment of Mr. DAvIS,                          take the power away, and leave to the several
And the result was as follows:            counties and to the city of Baltimore authority to
dffirmative.- Messrs. Chapman, President, establish schools within their respective limits.
Blakistone, Dent, Hopewell, Ricaud, Lee, Cham- In support of this, his position, he explained the
bers, of Kent, Don:lldson, Dorsey, Wells, Ran- manner in which education funds had heretofore
dall, Sellmnan, Weems,!Merrick, Jenifer, Ridge- been disposed of by the State Legislature. Maly, James U. Dennis, Crisfield, Dashiell, Hicks, ryland had advanced a large sum to defend the
Goldsborough, Constable,  McLane,   Bowie, country during the revolutionary war, which had
Sprigg, Bowling, Spencer, McMaster, Fooks, been paid to the State by the United States.
Biser, Annan, Stephenson, Stewart, of Caroline, That part of this fund which had been received
Hardcastle, Schley, Fiery, John Newcomer, from the General Government, and which was
Harbire, Davis, Kilgour, Weber, Slicer and set apart for the purposes of education, had not
Smith-43.                                   been fairly distributed. It was divided between
Negative.-Messrs. Buchanan, Bell, Lloyd, the counties and the city of Baltimore, not acColston, Miller, Grason, Ge,rge, Thomas, Gai- cording to population, but by an arbitrary rule,
ther, Sappington, McHenry, Thawley, Gwinn, that gave to Frederick with her population of
Stewart, of Baltimore city, Brent, of Baltimore, thirty-five thousand white inhabitants, very little
Presstmari, Ware, Neill, Michael Newcomer, more than the smallest county in the State. The
Hollyday, Paeke, Ege, Cockey and Brown-24. State had derived also a considerable revenue by
So the amendment was agreed to.           a tax of twenty cents on the hundred dollars of
The question recurred on the adoption of the bank stock, the largest porti.,n of which tax was
amendment as amended.                       paid by citizens of Baltimore city and of the
Mr. PRESSTMAN desired to enquire of the gen- western counties. The income of the State from
tleman from Montgomery, [Mr. Davis ] whether this source had been divided by the Legislature
it was the object of his amendment to give to the into equal parts, and one part had been given to
Legislature, without limit, the power to appro- each of the counties and to the city of Baltimore,
priate the public money for schools.        without the slightest regard to the great inequalMr. DAVIS said that the gentleman from Balti- ity that existed in the population of these several
more city, [Mr. Presstman] was as capable of communities. This lie thought was not right.
interpreting the language of the amendment as If there there is any fund that ought to be distrihe, [Mr. D.,] was.                          buted according to the white population of the
Mr. PRESSTMIAN suggested that the gentleman State, it is the fund intended for education. The
should answer affirmatively or negatively.  Legislature in making such a distribution ought
Mr. DAVIS said he had no hesitation in saying, to feel that every white child in the State is
that he did wish the Legislature to appropriate a equally an object ot its regard, no matter where
sufficient sum for that purpose-sufficient to edu- its residence may be in the State, from the sea
cate every child in the State of Maryland, with- beaten beach of Worcester, to the Western bounout a single exception.                     dary of Allegany. This had not been the case
Mr. PRESSTMAN. My object is answered. I heretofore. Some of the small counties have a
wish the Convention to understand that the ap- school fund more than they want, while other
propriation is to be without limit.         counties are compelled, and Baltimore city is
Mr. THOMAS moved a re-consideration of the compelled, to tax heavily the property of the
vote just taken. He regretted the necessity of people within their limits, to maintain a system
trespassing upon the time of the Convention, but of common schools. Seeing this, he was disposed
he felt it his duty to call the attention of gentle- to restrict the legislative power on this subject.
men to the fact that the mode of representation And would prefer that each county and cityshould
in Marland was not based upon the popular provide and maintain its own system of common
will of the people of Maryland. Without par- schools. Admonished by the past injustice of
ticular reference to the past, he could say, that the Legislature on this subject, and having no
every one in Maryland knew that the funds of reason to hope for better in the future, lie must
the public treasury, for purposes of education, vote against any article like that before us. At
had not been fairly apportioned.            the same time he protested earnestly against be54




426
ing considered hostile to the great cause of edu- whole subject until we have a report from that
caiionr  On that subject he had a zeal always committee. The amendment removes all restricwarm    He would. if tie could, send a ray of in- tion from the Legislature  Under it they may
intelligence-that Promathean fire from Heaven, borrow money; and he could not agree to the
to illumine every darkened mind on earth.  imposing of a tax for the support of a system of
Some cxp!anation here took place. as to the education. The county of Carrol! had raisetd a
construction of tie amendment of the gentleman fund of from fifty to sixty thousand dollars as a
from Queen Anne's, [Mr. George ] ac amended school fund, and had just put the schools in opby the gentleman from Montgomery, [Mr. Davis.] eration. And he coiuld not consent to give powwhether it rave an unlimited or merely limited o r to the Legislature to apply the money out if
power to the Legislature, to appropriate the pub- Treasury and even to go so far as to create a new
lic money for the purposes of education.   debt for the purpose of establishing a system of
Mr. PRESSTMAN thought that the construction education. He knew it was a popular moveor the amendment by the gentleman from Queen ment, but it was a dangerous one. The subject
Anne's, [Mr. Spencer,] could not be sustained. was new, and started suddenly on the ConvenIle here lead the amendment, and commented tion; and we ought not to act hastily upon it.
upon the limitations contained in it, so far as the i Let us first pay off our debt before we go into
one hundred thousand dollars was allowed in theI new expenditures. He could not go for a splenfirst brarnch, for certain orjects, and fifty thou- did school system. He was for educating the
s:nd dollars allowed in the latter branch, to sup- children, as they were in Carroll  There was
ply a temporary cieficit. It was undoubtedly the an academy at Carroll, which was the worst
object of the geitleman from NMontgomery, and managed of all the schools
so avowed, that appropriations, for educational  Mr. SPENCER said, he intended to vote for the
purposes, shoild be the exception to the opera- motion of the gentlenman from Frederick to retion of these restrictions as ti, amount. Most un- consider. He felt himself compelled to vote
questionably, such was tie clear and manif st yesterday for the amendment proposed by the
readirg of the amendment as adopted. He de- gentleman from t ontgomery as he f(und it, besired to make a single remark ulon the expe- cause he thought that the modification as it prediency and justice of the proposition, in the view  viously stood, excluded the power to make an
which he had stated.                       appropriation for education. The section tied
The maintenance of a public school system in up the Legislature from making appropriations
this State. to further the great objects of educa- for the benefit of individuals, so that no individtion, found no greater advocate than himself ual could be educated nor schools supported by
But, sir, what soit of a system is best calculated public appropriations. He was not willing to
to producte t-e end in view, with justice to all, tie up the hands of that body, so that no appromay well adinit of doubt. He was admonished priation could hereafter he made for education.
by the past, that, in the distribution of the school He would prefer now that the motion of the genfund, a die regard wrs not had to the relative tieman from Frederick should prevail. Not bepopulation of the counties and the city of Balti- cause his mind had undergone any change, as to
more. As for ti'e past, perhaps, that wan beyond the legal efftct of the amendment. On the conremedy, but lie protested against the power to trary he was of the opinion still, that it would
inpose taxes upon the people of the State, where inot bear the construction given it by the gentlean unfair distribution \i as likely to follow. Here man from Frederick. There was no unlimited
is an effort to introduce a State system to he sup- powergivento the Legislature by this anendment.
ported out of the general treasury. To this It would bear no such construction. He then
theory, in whole or in part, first and last he was read the section as it stood, with tie ameidment
utterly opposed. Let each county and city levy of the gentleman from Monlgomery, and stated
taxes for the support of their own public school his own view of the proper construction which it
sstemn. While Baltimore city had contributed, warranted.
by a tax on the bank stt ck of corporations, situa-  There wasa limitation to the amountofonehunted within its limrits, and owned slmost exclu-i dred thousand dollars, to any appropriation which
sively by her citizens, a very large share of the could be made, and that appropriation the Leschool hind. sih receives in return a mere pit- gislature could apply for any purpose, except for
tance. HEer present school system was one of the restraining clau-e which follows, which exgreat cost to the inhabitants of fhat city but she pressly leave them the power to appropriate for
did not seek legislative aid. The precedent once i education. The true meaning of the section as
set, woould be a dangerous one, of endowingr amended is that the Legislature shall not ha.e
schools and colleges throughout the State. Those thIe power to create any debt above one hundred
whvo are now here struggling to secure some ac- thousand dollars, except to supply a temporary
knowledgement of the rights of the majority, deficit in tie Trea.sury of fifty thousand dollars,
could hardly be expected to place the Treasury or to provide for defernce in time of war or inof the State, swelled by a new system of taxation, surrection  It was limited to three specific obunder the control of the representatives of a jects. But as there was a difference of opinion
small minority of the people of the State.  as to the construction of the motion, he was wilivir. BRowN said, he should vote for the motion lirg that it should be reconsidered to be made
of the gentleman from Frederick to reconsider. more clear, by an amendment he intended to
He believed there was a committee on educa- offer.
tion; and it would be better to postpone this  Mr. THOMnAS insisted that if the gentleman




427
from Queen Anne's, (Mr. Spencer,) had care- seminarie. of learning, and tlus redeem  the
fully examined the section, he would have given  pledge. They would do this the more readily,
no such construction to it. It was the duty of because they would know that no man of high
every one in debate to analyze and distribute the principle would hesitate to contribute to a tax to
elements of a proposition uitil he had made the redeem the pledged honor of the State.
whole perfectly comprehensible. And he thought  Air. DAVIS felt the peculiar position in which
he could, by that process, make it clear as any he was placed, but at thie risk he knew he had
proposition in Euclid, that the gentleman from  toencounter, in meeting three such able oppoQ'ieen Anne's was wronlg.                   nents as had taken the floor against his amendIt proposed to confer on the Legislature a ierit, he would venture a few words in reply.
power to borrow not exceeding onle hundred   Ihe gentleman from Frederick, [Mr. Thomas]
thousand dollars, on certain conditions touching objectd to the amendment, because Frederick
the taxes that were to be laid to pay any debt             a 
that might be contracted in pursuance of that c it  ad raised un al sha o, says the gewoleThsatcefurther autiorised the Le-'contribute her unequal share. So, says the gentlepower. This article further authorised the Leman from  BLaltimore city, [Mr. Presstmnan.]
gislature to borrow fifty dollars, to meet tempo- h  Baltimore done: and he will not consent
rary deficits in the treasury, without imposing  ha  Baltimore shall be taxed to educate the
taxes to pay such debts. In addition to these    1        coutie
powers to contract debts, he contended that the c lld re  i  the coutdistr
section under consideration gave to the Legisla- el si wat    s te  nqual distribution of
i the present school funid, which the gentleman
lure power to approp-iate money without limit  he present school f, wh   the gentleman
and to pledge the faith of the State without limit, complains of, to do with propositions now before
and to pledge the f-aiLh of the State without limit  ^  M ention? What are we here for, but to
for purposes of education. He conceded that                 W     a   e he   for,    
the ponwer to borrows money for any purposes, reform the past, and provide for the future? My
the power to bornow money for any purposes,
was limited. But insisted, that as the taxing  proposition is prospective in its character. It is
owas limited. But insisted, that as thel to save something from this general lockpower was unlimited, and as this section gave an inls to sat e  resources of the State, to aid i
unlimited power to appropriate and pledge them of common sool edca
faith of the State for education, that the restric- cari ng out a system of common commtee upo
tions touclin the power to create  State debt  ton as is recommended by the committee upon
lions touching the power to create a State debt,  ion, of hic  he was a member.
education, of which he was a member.
would not check the wildest extravagance in the 
expenditure for education to associations, corpo-  He had told his people that he should endeavrations or individuals.                    i or to introduce into the Constitution a provision
He then took tup the section, as amended, read for the establishment of a system  of education;
and examined it, and contended that it gave to and if he stood alone, lie should strive to obtain
the Legislature an unlimited power to appropri- it.
ate money from the treasury for education.-  Iad the gentleman from   Frederick read the
Looking' at the construction of the section, he in- report on education, he wouid have seen that a
sisted that no language could be clenrer. He uniform systen was provided for, and intended
presumed that the true effect of the proposition to apply to the wlole State alike, not excepting
woulli, by and by, be permitted to appear in the the rich and populous county of Frederick, and
action of the Legislature under it; for no one the city of Baltimore; and had he have expected
supposed that the urn of one hundred thouqand this question to come up to-day, he would have
dollars would be sufficient for the establishment been prepared to prove, that it is far cheaper to
of a systen of education. The gentleman from  educate the children of the State, than to mainMontgomery, (Mr. Davis,) had very frankly told tain them in ignorance. Go to your jails, your
the Convention that his object was to educate  penitentiaries, and your alms houses, and you
every child in the State. Yes, they are all to be find them filled with the ignorant and unlettered.
educated from this great fountain here. The  In a report which ne had seen from the penitenproposition of' the gentleman from Cecil, (Mir. tiery at Philadelphia, it'as stated that the
Constable.) to limit the taxing power of the Le- per centage of those who had passed throuoih
gislatulre, was rejected, because the Convention  their common schools, was very small-while
could not see what exigency might arise hereaf- that of those, who could not read or write, was
ter, to render it necessary to exercise this taxing overwhelmingly large.
power.   Under the section, as now amended,    Gentlemen need not fear that the legislature
the Legislature would have the right to pledge will make any very large appropriation for this
the faith of the State without issuiig bonds and purpose. The elifficulty was to get them to make
they might go on to make contracts io build col- any provision at all. At the proper time, if not
leges and establish a splendid system of educa- now blocked up, he intended to indicate a plan
tion, and then the people throughout the State for this object.
would feel themselves called on to sustain this  He was gratified at the large vote in fvor of
system, based, as it would be, on the plighted  his amendment. He hoped the motion of tile
faith of the State.. If the State House should  gentleman from Frederick to reconsider would
happen to be burned. the Legislature would not not prevail.
be compelled to create a debt fr re-building it,  Mr. MERRICK made some remarks which will
but would pledge the faith of the State and en- be published hereafter.
force a tax on the people to re-construct the  Mr. EGE obtained the floor.
building, arid thus redeem the pledge. In like  And the Convention adjourned, until to-mormanner they could, build colleges, academies and row, at ten o'clock.




428
THURSDAY, March 6, 1851.       der it indispensably necessary, that he should be
absent next week. If the Convention preferred
The Convention met at ten o'clock.       to proceed with the consideration of that quesPrayer was made by the Rev. Mr. GTR.FFr.  tion in his absence, he must acquiesce. But as
The roll of the members was called; and  he had had charge of the subject, and as it was
A quorum being present,                  one in which he had taken much interest, he
The journal of yesterday was read and ap- would be glad to be present when it was acted
proved.                                    upon.
Mr. BISER presented a petition signed by fiveOYD exp
hundred and fifty-three citizens of South West- j     gentlemn from Charlesre t meet 
views of the gentleman from Charles, [Mr. Merern portion of Frederick and South Eastern part rick.  His, [Mr. Ls,] only object was, that an
of Washington counties, asking for the formation early day should be fixed for the consideration of
of a new county, embraced within the following the quesion.
boundary, to wit: beginning at the mouth of 
Catoctin Creek, and running thence up said creek  Mr. MERRICK suggested Monday week. By
to Magrudet's Bridge, crossing said creek,thence that time, he said, he should be in hs place.
with the old Middletown and Sharpsburg road to  Mr. BowIe, (to the Chair.) Will this quesGetting's Store, on theeRed Hill, then North tion, if it should be made the special order,
West with the road to the Turnpike at Keedys- supersede the consideration of the report of the
ville, then with the middle of said road to Antie- committee on the executive department of the
tam creek at Mumma's Mill, then with the mid- government?
die of said stream to the bridge:near Sherrick's,  The PRESIDENT said, that would depend on
then with a straight line to the Potomac river, the order of business on the calendar.
at or opposite Reynold's Mill Dam, then with the
Potomac to the beginning, including an estimated  Having referred to the calendar, the President
population of ten thousand inhabitants and twelve stated that the report of the committee on the
hundred voters,                            executive department, had been made the special
Which was read, and                      order of the day, for the second Tuesday in
Referred to the committee on New Counties.  January, and its consideration had from time
to time been postponed, by the general consent of
LICENSE LAWS.                the Convention. In the judgment of the Chair,
therefore, the report on the executive departMr. KENT, presented a petition of sundry citi- ment, would, as the next special order, have prezens of Anne Arundel county, praying that a cedence over other business.
provision may be made in the new Constitution,
that the privilege to sell intoxicating liquor shall  Mr. MERRICK thought it necessary and pronot be granted to any person in any part of the per, that some ay not too ear should be fixed
State, except the same shall first be sanctioned upon for the consideration of this question, in
or approved of by a majority of the votes in the order that all the members of the Convention
election district where the same is to be sold.  miht be notified to attend. It was important
that any decision which might be made, should
Mr. HOLLYDAY, presented a petition of sundry be the deliberate judgment of a majority of the
citizens of Allegany county of similar import.  Convention. He hoped, therefore, that the ConMr. DONALDSON, presented a petition of sun- vention would give notice of the day on which
dry citizens of Howard District in Anne Arun- the question would be taken up, and that that day
del county, of similar import;             would be adhered to.
Which were severally read, and          I The PRESIDENT stated that the motion of the
Referred to the select committee already ap- gentleman from Talbot, (Mr. Lloyd,) being simpointed on that subject.                   ply a motion relating to the priority of business,
[Mr. D. remarked, that the petition presented was notdebateable
by him, came from a number of respectable per- wa                  suosed it was te
sons, many of whom  were not what was gener-  Mr BowiE said, he had supposed it was the
allny called temperance men-that was -to say, intention of the Convention, deliberately expresally called temperance men —that was to say,. sed, to take up the report of the executive c,,mthey were not members of any temperance so-    to t      hereprt     the exec  e
ciety.]                                   l lmittee, immediately after the report of the Legislative committee should have been disposed of.
BASIS OF REPRESENTATION.          His friend from Queen Anne, (Mr. Grason,)
chairman of the committee on the executive deMr. LLOYD rose and said, it would be remem- partment, yas ready to proceed with the conbered by the Convention, that, about three weeks sideration df that report. We did not know how
ago, several reports had been made from the long it might occupy-perhaps four or five days.
committee on representation. No question had He would suggest to the gentleman from Talbot,
been taken on these reports. He moved, there- (Mr. Lloyd,) to wait until that report should
fore, that they be made the special order of the have been disposed of.
day, for Tuesday next.                       Mr. LLOYD, expressing his desire to accommoMr. MERRICK, (chairman of the committee on date gentlemen, withdrew his first motion, and
representations,) said, he would be very glad to substituted for it a motion to make the report of
accommodate his friend from Talbot, [Mr. Lloyd] the committee on representation, the special orbut his, [Mr. M.'s,] private business would ren- der of the day for Monday week.




429
Mr. BLAKISTONE suggested Thursday week, as Colston, Chambers, of Cecil, McCullough, Miilthe boat from the Eastern Shore came up on that ler, Spencer, George, Thomas, Gaither, Biser,
day.                                         Annan, Stewart, of Caroline, Hardcastle,Gwinn,
Mr. TIHOMAS expressed the hope that the gen- Stewart, of Baltimore city, Sherwood, of Baltitleman from Talbot, (Mr. Lloyd,) would adhere m     city, Presstman, Ware, Schley, Fiery,
to his original motion. It was impossible to ac- Neill, Harbine, Michael Newcomer, Weber,
commodate the action of this body to the vai ious Hollyday r,er, mith, Parke, Ege, Cockey and
and conflicting private engagements of its mem- Brown-34.
bers. He, [Mr. T.,] could not be here next     So the motion of AMr. JMerrick was rejected.
week. Let each gentleman who was compelled     The question then recurred on the motion of
to be absent, pair off with some other gentleman MIr. Lloyd, fixing Tuesday next.
of opposite opinions.                          MIr. DENT moved to amend the motion, by
Mr. MERPICK said, he could not possibly be making the report the special order of the day
here next week.                              for the first.Monday in April.
Mr. DORSET suggested that there was another  Mr. D said, that some time ago, many gentlespecial order, besides that which had been allud- men were anxious to postpone the consideration
ed to by the Chair, and which he, [Mr. D.,] be- of this subject, until after the other business of'
lieved had precedence of the report of the con- the Convention had been disposed of, who were
mittee on the executive department. He alluded  now anxious to take it up.
to the report which had been made in relation to  The qestion  staed to   on the   men
Howard district.                             ment of  r. D,.
ment of Mr. DI.::~.
The PRESIDENT, on enquiry, stated that the report alluded to by the gentleman from  Anne    Mr. KILoonr moved to amend it by dsignaArundel, [Mr. Dorsey,] had been simply made tin Monday week.
the order of the day, [inr parliamentary phrase,]  Mr. WELLS asked the yeas and nays,
and not a special order for any particular day.  Which were ordered.
Mr. GWiNN submitted to the Chair, whether    Mr. RICAUD moved that there be a call of the
the consideration of a special order might not be Convention.
postponed, by a vote of a majority of the Con-    call as ordered.
vention.
The PRESIDENT indicated the opinion that a   The roll of the members was called, and the
vote of two-thirds would be required to postpone naes of the absentees were then called oer.
the consideration of a special order.          The Doorkeeper was sent to notify the absent
Mr. LLOYP, [to the Chair.] If I should now  members who were in the city to attend.
move that the report of the committee on repre-  After some time the doorkeeper returned, and
sentation be made the special order of the day the President informed the Convention that all
for Tuesday next, will it come up immediately the members in the city, not sick, had been notiafter the report on the executive department fied to attend.
shall have been disposed of?                   Further proceedings on the call were then disThe PRESIDENT. It will.                    pensed with.
Mr. LLOYD. I make the motion.                The question then recurred on the motion of
o m e te e t      Mr. KILGOUR, designating Monday week, ani
Mr. MERRICK moved to make the report the being taken,
special order for Tuesday week. It was impos-  The result was as follows
sible, he said, that gentlemen should receive notice, and be here by the time designated in the.iflfirmaaive.-Messrs. Chapman, President,t
last motion of the gentleman from Talbot, [Mr. Blakistone, Dent, Hopewell, Ricaud, Lee, ChamLloyd.]                                      bers, of Kent, Mitchell, Donaldson, Dorsey,
The PRESIDENT stated, that the question would Wells, Randall, Kent, Sellman, Weems, Sellers,
be taken first on the most distant day.      Merrick, Jenifer, James U. Dennis, Crisfield,
And the question was stated to be on the mo- Dashiell, Hicks, Hodson, Goldsborough, Eccletion of Mr. MERRICK, to make the report of te ston, Bowie, Sprigg, McCubbin, Bowling, Mctio of Mr. MeaeR,      tomakehe report of the  Master, Fooks, Sappington, Stephenson, Thawcommittee on representation, the special order of Mastery, o o r,ks, Sa   Stephenson, Tha-K
the day for Tuesday week.                    ley, John Niewcomer, Davis and Kilgour-37..thegative.-Messrs. Welch, Chandler, Ridgely,
Mr. WARE asked the yeas and nays, which Lloyd, Colston, Chambers, of Cecil, McCullough,
were ordered, and being taken, resulted as fol- Miller, Spencer, Grason, George, Thomas, Gailows:                                        ther, Biser, Annan, McHenry, Stewart, of Caroteffirmative -  M1essrs. Chapman, President, line, Hardcastle, Gwinn, Stewart, of Baltimore
Blakistone, Dent, Hopewell. Ricaud, Lee,Cham- city, Brent, Sherwood, of Baltimore city, Presstbers, of Kent, Donaldson, Dorsey, Wells, Ran- man, Ware, Schley, Fiery, Neill, Harbine, Midall, Kent, Sellman, Weems, derrick, James U. chael Newcomer, Weber, Hollyday, Slicer,
Dennis, Crisfield, Dashiell, Hicks, Hodson,Golds- Smith, Parke, Ege, Cockey and Brown-37.
borough, Eccleston, B,wie, Sprigg, Bowling,    A tie vote.
MIcJMaster, Fooks,Sappington, Stephenson,Thaw-  So the motion of Mr. KILGOUR was rejected.
ley, John Newcomer, Davis and Kilgour-33.      The question then recurred on the motion or
Negative-M-essrs. Bell,Welch, Rlidgely,Lloyd, Mr. Lloyd, designating Tuesday next




430
Mr. JENIFER enquired of the Chair, whether principle whhch he, and as he believed, a majorithe effect of this motion would be to postpone all ty of the people of Maryland, desired to see enother special orders.                       grafted on the Constitution of the State. He alThe PRESIDENT said there wasonly one special luded to the principle of education.
orderH flis design in now addressing,he Convention
Mr. DAVS interposed, and said that. more thian was, to show that the amendment of the gentleMIr. DAvIS interposed, and said that more than  ^  ^  Montgomery was out of place here,
oe hour had already been spent, and he would man from Mlontgomery was out of place here,
one hourhad already beenn proeet  d tohe wordes and that his object could be accomplished in a
mnve that the Convention proceed to the orders dirent  and a bter for.
different and a better form.
of the day.:It was out of place, because in point of law,
Mr. NEILL moved that the consideration of the or under the rule of common sense, the proposi-,orders of the day be postponed, for the purpose tion of the gentleman from Queen Anne's, (Mr.,of acting upon the question now pending before George,) to which that of the gentleman from
the Convention.                             Montgomery was an amendment, did not forbid
Mr. DAvls asked the yeas and nays,        the application of moneys by the Legislature to
Which were ordered.                       the purposes of a general or common school sysSome conversation followed on a point of or- tern of education. It only forbid appropriations
der, in which Messrs. TroMIAS, SPENCER, MER- or grants to the use of individuals, associations,
nrcK and the PRESIDENT took part.           or corporations, an object which he earnestly deThe question was then taken on the motion of sired to see accomplished. And unless the comMr. NEILL,                                  mittee on education by their report, and the genAnd the result was as follows:           tieman from Montgomery, (Mr. Davis,) by his.Ialitc.-Mlessrs. [Btuchanan, Bell, W\elch, amendment, desired that individuals, corporaRlidoely, Lloyd, Colston. Constable, Chambers, tions or associations, coming particularly iuder
of Cecil, MlcCullough, Miller, Spencei, Grason, tihe head of academies and colleges, should be
CGeorge, Thomas, Gaither, Biser, Annan, M5ce  benefitted by tilis provision, he, (Mr. E.,) could
Henry, Magraw, Stewart, of Caroline, Hard.   e no good reason for its adoption.
te Gin, Stewart, of Baltimor city S The committee on education should have re-'eood, of SBaltimore  city, Presstman. Ware, ported a definite propoition for the action of the
Schley, Fiery, Neill, Harbine, Michael Newcom- Convention, not sothering this great priciile
er, Wehber, Hollyday, Slicer, Parke, Ege, Cockey llnder the operation of previous laws, but adoptand P;own-38.                               irng it as a I'undamental provision of the organic.egalive — Messrs. Chapman, Pres'tBlakistone, lawr which should confer benefits and blessings
Dent, Hopewell, Ricaud, Lee, Chambers, of upon,lerationsyet to come.
Kentt, Mitchell, Donaldson, lDorsey, Wells, Ran-  111Mr. SMITH, (chairman of the committee on
dall, Kent, Sellmani. Weems, Sollers, AMerrick, education,) interposed, and desired to say a word
lenifer, James U. Dennis, Crisfield, Dashiell, in explanation.
Hicks, Hodson, Goldsborough, Eccleston, Bow-  Mr. EGI yileded the floor for that purpose.
ie, Sprigg, McCubbin, Bowling, McM4aster,     Mr. SMIITH desired to say, that the proposition
Fooks, Sappinc-ton, Stephenson, Brent, of Balti- now before the Convention, had nothing to do
mnore city, Johrn Newcomer, Davis, Kilgour and with the report of the conlmiittee on education.
Smjith-38.                                  It was not at all connected with it, nor was the
A tie vote.                              report of the committee now the subject-matter
n of. NEILL ws r       of discussion before the Convention. He thought
So the motion of lMr. NEILL was rejected.;     gentlean oght   t to involve the subthat the gentlemnan ought niot to involve the subAnd the Convention passed to the orders of the jest in any difficulty of this kind.
Ilay.                                        JMr. EGE resunmed. Certainly, he said, he deTHE IEGISLATIVE DEPARTMENT.         signed no reflection on the chairman of the coniti  the consideration o  r-iittee on education, or on the committee itself.
The Convention resumed the consideration of
His niain object was to show the connection of
the report of the committee on the legislative  s  a  rincile of common school education
deatmn otthis great principle of common school education
department of the government,               with the highest and best interests of the people,
The question pending before the Convention  th  the hglest and b   terest of the State.
on yesterday, being on the motion of Mr. T -  rou  the    th and breadth of the State.
as to reconsider the vote of the Convention on  The amendment of the gentleman from Montthe amendnment submnitted by Mr. DAVIS. arnd gomery, (Mr. Davis,) as appended to the propoadopted by the Convention, inserting in the Sition ofthe gentleian from Queen Anne's (LMr.
amendment offered by MNr. GEORGE, as the twen- George,) was in the followin words:
ty-first section of the report, these words, " ex-  " Nor shall the Legislature hereafter appropricept for purposes of education," to come in after ate the public irorney, or pledge the public faith
the word " corporations," in the twelfth line.  for the use of individuals, associations, or copeorMr. Ec E was entitled to the floor.       ations, except for purposes of educattion.'"
He desired, he said, to call the particular at-  Under what rule? Under the rule which had
tention of the Convention to the proposition been reported to the Convention by the comrnitwhich had yesterday been adopted on the motion tee on education-and which he should show
of his friend from Montgomery, (Mr. Davis.) operated unjustly and unequally, and did not
He, (Mr. E.,) considered the amendment as in- confer the advantages which the framers of the
appropriate, and as not coming up to that high law themselves intended to bestow.




431
If he was rightin the generalproposition which  money received by any other county in the
he laid down that, independent of this particular State. Still, he believed, it was not properly
clause, it would be in the power of the Conventin distributed, because particular localities were
to declare in another part of the Constitution that the exclusive recipients of its benefits.
the Legislature should have the right to appropriate money for the specific purposes of eduea-  Mr. E. then read the following statement:
tion, then he could not see the object of the gen-            TABLE,
tieman from Montgomery in placing his amend- Showing the White population of each County and
ment where he now desired it to be. But even  Balimoe City with the amounts of the.cadely
if he, (Mr. E,) was wrong in this position, he 
had prepared an amendment in terms so broad   and Collegefund, and the Free School fllid, anthat its intent could not possibly be mis;ppre-  nually distributed amongst them.
henied-an amendment which, in his judgment,.     -      -
would obviate every difficulty, and which he             White Pop-i        Free School
would slow read as a part of his remarks.     Counties.   i lation.  ncademy   F Ad,
Mr. E. then read his amendment, (of which                1850.     uLd.      1851.
the reporter has not a copy.)               ____._     - --
He desired now to show to the Convention
that the appropriations made by former Legisla- Allegany,.  21 643    $800  $2,588 63
tures were not such as came within the rules of AnneArundel  16,542   3,800   3,335 86
justice, or common sense, and that they were not Baltimore cy  141,440        5,525 53
even in accordance with the intentions of the  Baltimore co.  4,354     800   3,047 83
framers of the laws themselves. He did not Carroll,.       18,66       800   3,144 03
conceive that the amendment of the gentleman Caroline,       6,096      800   2,227 15
from Montgomery, or the report of the commit- Calvert,..   3,630       80(   2.015 02
tee on education came up to the point which the  Cecil,..  15,482    800   2,856 40
Convention desired to attain, and which the peo- Charles,.  5,665     80    2 141 07
pie themselves, so far as his, (Mr. E.'s,) (knowl- Dorchester,  10,788  800   2.842 62
edge enabled hini to speak, intended to reach. Frederick,.  33,3(    1,200   4,473 08
He desired to show that the relative population  Harford,.  14,414      O   2,931 24
of the counties and of the city of Baltimore, was Kent,     5,615       8(0   2,370 70
not represented either by population, black and  Montgomery,  9,435   1,000   3,636 42
white-or so as to receive, either under the re- Pr. George's,  8,902    800   2,722 77
port of the committee on education, or of the  QueenAnne's  7,040       800   2,636 59
amendment proposed by the gentleman from    St. Mary's,.   6,226       800   2,411 57
Moltgornery, the benefits which they were enti- Somerset,. 1 13,417    800   2,754 93
tied to receive-but that the system operated with Talbot,..  7,085    800   2,861 39
signal injustice and inequality.            Washington,    26,888       800   3,559 (65
Mr. BROVN rose to a point of order, concern- Worcester,  12,401       800   2,832 81
ing the relevancy of the debate.                         --         -i
After a brief conversation thereon,          Total,.    419,039   $19,6(0 $62,915 29
Mr. EGE, (having been decided to bein order,)  --- -------  ----   --
proceeded with his remarks..Note.-The Free School fund is distributed as
He proposed, he said, to take the school fund follows: One-half to each county, and Baltiappropriated to the different counties of the more city, equally; and the other half amongst
State, and to show the gross inequality that ex- said counties and city, in proportion to their
isted in ils distribution. He proposed to show  white population.
that many of the counties of the State, received
a proportion of the fund upon principles not just
in themselves, and against which he came heere e      e the inequalities and such the ijusto contend.                                tice of this system. He wared against it. He
He hoped to see a principle adopted in the desired that it should be brought to an end. He
Constitution for the establishment of a general wanted to see a generl systen adopted in place
system of comrmon school education, by which  of that partial and miserable one which was now
general knowledge should be diffused among all i operation, by which a select few received the
clases of our citizens, whether living on the low benefits of academic and collegiate education to
lands of the bay shore, or in the pure mountain the detriment of the great mass of the children
regions of the west.                       of the State.
But he would now proceed to show  the in-  Let academies and colleges be left to private
equalities that existed in the application of the enterprise, or to corporations that were able to
public funds. Take, for example, the counties maintain themselves by their own efforts. Let
of Kent and Anne Arundel proper. They re- them not draw their sustenance from the public
ceived more thin one fourth of all the taxes they treasury, whilst industry, energy, enterprise aid
paid into the treasury, whilst the county which learning itself were left to slumber. lie desired
he, [Mr. Ege,1 had in part the honor to represent, to see the State cleansed from this foul leprosy
(Carroll,) received only eight hundred dollars. which had so long been eating into its vitals, and
Even this small sum was more equally distributed no effort of his should be wanting to secure its
among the people in his county, than perhaps the extermination.




432
He desired to see the whole available school perhaps have escaped the remembrance of the
fund of the State appropriated, not according to Convention that, at an early stage of its proceedlocal. county, or sectional interests,but according ings, I introduced a resolution embodying the
to population, in order that equality in its distri- principle I now advocate.
bution might be preserved as nearly as possible.  Mr. SPENCER. The motion is to reconsider
He,desired that every child in Maryland should the vote. and it had nothing to do with the varibe educated; and, if the school fund should not ous subjects which were now under discussion.
be sufficient for that purpose, then he was in fa- He would not discusss the subject of education,
vor of making every voter in the State contribute or the manner in which appropriations should be
to the object, as one of the holiest and most in- applied. When thosejquestions come up. in their
teresting, that could engage the attention of civi- proper order, he would be ready to go into their
lized men.                                  discussion. His object was to make a few reMr. DAVIS interposed, and desired to ask a marks oniy, in reply to what had yesterday fallen
question.                                   from the gentleman from Frederick. In answer
Mr. EGE yielded the floor.               to a remark from the gentleman from Baltimore,
(Mr. Presstman,) he, (Mr S.,) had said that the
Mr. DAVIS. Did I understand the gentleman Legislature would be restricted by the amendto say, that every voter in the State should mentof his colleague, (Mr. George,) from going
contribute to a school fund?                beyond one hundred thousand dollars, and he had
Mr. EGE. I do say so-and I make the decla- givan his views to that effect. The gentleman
ration in the utmost sincerity, and under a full from Frederick stated that he could show, with
conviction of the responsibility which attaches the clearness with which a proposition in euclid
to it?                                      could be demonstrated, that a different construcMr. DAVIS. I only wished to be sure that I un- tion was the true one. After all, however, the
derstood the gentleman correctly.           gentleman from Frederick had not convinced
Mr.EGE. You did, sir.                     him that he had given a wrong construction.
Mr.' EGE. YudBut it appeared that there were differences of
Mr. SOLLERS, (in his seat.) A poll tax!   opinion on trie subject among gentlemen in the
Mr. EGE. It is immaterial to me by what name House, and this had brought.im to the concluit is called; and, I care not what opprobrium  sion that something might be done by way of
may be attempted here or elsewhere to be cast compromise. He intended to give his vote in
upon me for the principle I have avowed.    favor of the motion to reconsider, and if that
Mr. DAVIS. I intended no cpprobium, and ex- motion should be decided in the affirmative, he
pressed noopinion. All I desired was to be would then be prepared to offer a proposition
certain that 1 was not mistaken as to the position which he would now indicate, in order that the
which I understood the gentleman to assume.  two sections shall not hereafter stand in opposiMr. EGE. [am well aware that this is not a tion to each other. And then he intended to ofpopular doctrine. I care not for that. I be- fer an additional section. He briefly stated what
lieve it to be right, and I am not disposed to would be the effect of the propositions to which
yield my own convictions of truth and duty, be- he had referred, and which he read.
cause they may not chime in with the popular  Mr. DAVIs proposed briefly to state what he
voice, or even with the sentiments of my own thought would be the effect of this motion. He
immediate constituents. I must act for my- would take the opportunity to explain himself.
self.                                       His amendment was brief and simple, being conI know the responsibility under which I speak, tained in the few words, "except for purposes of
and I shall not shrink from meeting it. The educaion."  Nothing could be more plain. All
principle is one which, if carried into practical can understand it. The vote in favor of the prooperation would destroy many heart-burnings, position yesterday was nearlyas two to one. But
and forever save the feelings of honest penury notwithstanding this decided expression of the
from cruel and unnecessary wounds.'I he poor sense of the Convention, the potential voice of
man's son could then stand proudly by the side of the gentleman from Fiederick is heard this morthe rich man's son, and say "I am your equal." ning, askirg that the vote of yesterday shall be
It would benefit the poor man by securing edu- reconsidered, because he finds himself in the
cation to his children at a much cheaper rate awkward position of having his name on the rethan it can be obtained under the present system. cord as opposed to the education of the people.
The appropriation of this pittance to so noble a Here, however, he hoped the gentleman from
cause, will be an honor to the poor man, and a Frederick would be allowed to stand; and there,
declaration that no superiority is acknowledg- as far as he could do it, he, (Mr. D.,) intended
ed by the mere accident of wealth or station. to keep him. He called the attention of the
He should demand it for every reason dear to House to a very able report on the subject of edhim as a citizen, father, and patriot-that a pure ucation which was made to the Legislature some
fountain of truth, justice, and equality, may years ago by a gentleman of distinction, who was
take the place of the turbid aind unequal stream  always regarded as par excellence, a Democrat
now flowing through the State.              and a Reformer; he meant Judge Legrand. It
It only remains for me to say that I have not appears from that report, that in this State of
brought forward this proposition upon the mere Maryland, there are fifteen thousand seven hunimpulse of the moment. It has been a matter of dred and fifty-four persons above the age of
anxious deliberation with me, and it may not i twenty-one, who can neither read nor write. It




433
was to save something for the education of this  A word or two in reference to the collegesnumerous class that his motion was intended to he meant the two colleges which were made the
provide.                                    university, in 1784. By their charters in 1782
Mr. CHANDLER here suggested the propriety of and 1784, the Legislature had engaged to endow
postponing the further discussion of this subject the colleges, if individuals would advance the
until after the vote of the House had been taken funds necessary to establish them. The condion the motion to reconsider. The discussion of tion was complied with, and in 1784 the endowthe subject of education would then be more pro- ment was granted.
perly before the House.                       Thus was produced a state of things, which in
Mr. DAVIS thanked the gentleman from Balti- the view of those who had charge of the colleges,
more county for his suggestion, in which he, (Mr. brought them completely within the principles
D.,) concurred; but the gentleman would see that established in the supreme court of the United
what he had said had been forced from him. If States, in the case of the Dartmouth college, and
the motion to reconsider should prevail, the op- others of a similar class. In these cases it had
ponents of the system of education would then been declared that such contracts were inviolable
move to reject the whole proposition to relieve by the State. It happened, however, suostthe gentleman from  Frederick, and those who quentlv,that persons occupied seats inthese legiswere now on the record with him against the lative halls, who entertained notions in regard to
proposition  He repeated what he had said yes- the education of our citizens, very differeit from
terday, that with the aid of the statistics at hand, those entertained by our intelligent and judicious
were the Convention disposed to listen to them, ancestors. Such notions, as we now hear from
he would be able to prove that a great expense some quarters, obtained the ascendancy, and the
would be saved to the State by the adoption of a colleges were deprived, arbitrarily, as they supsystem of education, because, as has been justly  posed, of these endowments. At the time this
said, ignorance is the parent of idleness-idleness alleged violation of their constitutional rights was
of vice and immorality, with its concomitant perpetrated, there was on our statute book a law
crime-and crime with all its attendant expense, by which the State could be sued, by any of her
of loss first-then detection, conviction, and pun- citizens having a just claim against the State.
ishment-unless the party gets "scot free" to The colleges supposed they could avail themperpetrate other injuries and depredations.  selves of this law, to bring the matter fairly beThe question was then stated to be on the mo- fore the supreme court, and after a long course
tion to re-consider the vote adopting the amend- of fruitless effort, to obtain justice by an appeal
ment of Mr. DAVIS.                          to the Legislature, were prepqring to adopt the
TMr. FRESSTMAN asked the yeas and nays, which only remedy left them, and institute suit
Mr. ftKESSTMaN asked the yeas and nays, which  ^    ^   ^   repealed, and the opportuwere ordered, and being taken, resulted as fol-  The law wao s then repealed and the opportL-l
lows'nity of conitesting the power of the Legislature
thereby denied. Subsequently, at a late period,
Jffiermative-Messrs. Bell, Welch, Lloyd, Col- and under the influence of a highelr sense of jusston, Constable, Chambers of Cecil, McCullough, ti,,e and legal obligation, a cornpromnie was etMiller, Spencer, Grason, George, Thomas, Shri- fected, and an annual sumn granted to the colver, Gaither, Biser, Annan, Sappington, Stephen- leges, which was given and accepted expressly
son, McHenry, Thawley, Hardcastle, Gwinn, as a satisfaction in full, for their very large deStewart of Baltimore city, Brent of Baltimore mands. The terms of the resolution granltilg the
city, Sherwood of Baltimore city, Presstman, annuity and the acquittance executed by the colWare, Schley, Fiery, Neill, John Newcomer, leges, would prove this. Such was a brief hisMichael Newcomer, Weber, Hollyday, Slicer, tory of the transactions between the State and
Parke, Ege, Cockey and Brown-39.            these colleges.
Negative-Messrs. Chapman, President, Bla-   A friend near him, fJ.lr. Randall,] had just ofkistone, Dent, Hopewell, Ricaud, Lee, Chambers fered him the book containing the charter, subof Kent, Mitchell, Donaldson, Dorsey, Wells, scription list, and early proceedings of WashingRandall, Weems, Merrick, Chandler, James U. ton college, by which it would appear that the
Dennis, Crisfield, Dashiell, Hicks,Hodson, Golds- contributions toward the establishment of that
borough, Eccleston, lowie, Sprigg, McCubbin, institution, amounted to ten thousand pounds.
Bowling, McMaster, Fooks, Davis, Kilgour, and  1r. EGE asked the gentleman to read the reSmith-31.                                   solution.
So the vote was re-considered.          JI r. CHAMBEIRS said the resolution was not beThe question then recurred on the adoption of fore him, but he would read what was iiniedithe amendment of Mr. DAVIS.                 ately under his eye. It wTas the first item on the
Mr. GRASON made some remarks which will list of subscribers, and is in the words followappear hereafter.                           in g:
Mr. CHAIMBERS rose to correct impressions   "His Excellency, George Washingeton, Esq,
which might be made, by what had been said, Geneal     Commander.in-Chief of the armies
on the  of those who had not investigated General and Commander-in-Chief of the armies
on the minds of those who had not investigated
on the rihinds of those who had not in~vestigated of the United States, as an earnest of his goodthe history of the school fund. The origin of the  ill, fifty gineas 
school fund, dated a long way beyond the birth wi,  y guineas.
day of Carroll county. The first legislation in  Mr. EGE said:
relation to this subject, will be found to have  That when he asked the gentleman from Kent,
been more than a century since.             to read the resolution to which he had referred,
55




434
he had no idea that the gentleman would throw  who voted with him, against an amendment to
out such a mere cobweb. He had always thought save something to educate the children of the
and he still did think, that the appropriations for State, this proposition is now to be rejected.
these colleges were unwarranted.            Mr. SPENCER said, the gentleman fronm JontAs to the gentleman's construction of the law  gomery had no right to impute to him motives
of contract, which he intimated had been violat- for the course which he might pursue. Had the
ed, he, [Mr. E. 3 thought that the gentleman exposition of his colleague been made yesterday,
from Kent, would find it a difficult task to have he would not have voted for the amendment of
such acontract inserted in the new Constitution. the gentleman from  Jlontgomery.  He then
He did not suppose that this Convention would briefly explained the view he took of the amendsettle the question on the ground that General ment of his colleague  His only object was to
Washington had subscribed fifty guineas towards have a more intelligent proposition offered and
the endowment of these colleges. It was certain- adopted.
ly a noble example, which he hoped the county  M r. GRASON suggested that in the hurry of deof Kent would follow. But he did not wish bate, the attention of the Convention was not
that a tax should be imposed by the leg- sufficiently directed to the language of the propoislature for the purpose of education.  Let sition. It was never intended to prevent approthe people of the counties themselves support priations for the purposes of education, but was
their own schools. He was not to be moved by merely an inhibition of appropriations for the
any sarcasms which might be thrown    out building of corporations.
about the city of Baltimore. He felt pride in  / Jtr. MIcHENRY explained his understanding of
Baltimore, in her wealth, her growing popula- the proposition of the gentleman from Queen
tion and her spirit of enterprise. And what Anne's. It prevents the Legislature from conwould the State be without Baltimore? The ap- tracting loans for the use of corporations, associpropriations which gentlemen here are so desi- ations or individuals, except for educational purrous to obtain, are not desired by the people, poses. He was disposed to go as far as any one
nor are they in accordance with the spirit of the for the support and extension of education by
age in which we live. He hoped that a system  taxation. But he was decidedly opposed to the
ot education might be established, without the State's incurring any debt or pledging, in any
imposition of any tax on the people by the legis- form, its credit, for any purposes, except in exlature, which would redound to the honor and in- treme exigencies. He was not disposed to tax
terests of the State.                      posterity for the education of the children of the
Mr. DAVIs desired to say a word only in reply present day. The men of this generation should
to the gentleman from Queen Anne's, (Mr. Gra- not grudge the cost of educating their own and
son,) who hnd said that he, (Mr. D.,) did not their neighbors' little ones, nor attempt by State
comprehend the language of his colleague's loans, or other devices, to transfer to posterity
amendment. lie admitted that he had no other the burdens which ire properly our own.
power of comprehension than the little common  IMr. SHERWOOD, of Baltimore city, desired to
sense, the God and nature had given him. Still say a word or two on the amendment of the genhe believed that ihe had rightly comprehended tleman from  Montgomery, (Mr. DAvIS.) Althe amendment of the gentleman's colleague, though lie should vote against the proposition, as
(Mr. George,) and the gentleman's colleague, a part of the article to which it was sought, in
(Mr. Spencer,) h;e.d, himself, yesterday admit his judgment, improperly to be attached, he did.ed, that his, I 1Vr. D's. L comprehension of it not think in doing so, that he would incur the
was correct.                               censure of hostility to a general system of popu-'he gentletnan from  Queen Anne's insisted lar education. On the contrary, it was his atthat the propo'ition was only intended to exclude tachrent to the system, and his desire for its
corporations from obtaining tile public money. further success, that prompted his opposition to
But the language of the ametdment went furth- the amendment at this time. lie had been too
or, stating that no i'ndividuals nor associatlions, as long the ardent advocate of public instruction,
well as corporations, shall have any use of the to be now found doing any act to retard its propublic money. The children of the State shall gress, or to weaken its usefulness, by withholdnave no education, if it is to be given themt thro' i  ing from it, in any proper manner, the fostering
the medium of a corporation, because corpora- care of the State. XVith emotions of pleasure
lions are odious to the gentleman. But in the l he contemplated its advancement, and with nazeal of the gentleman to strike down corporations tive pride he saw school-houses clotting every
he also prevents anly person from obtaining;iny section of the State, like so many beacon lights,
beneit from the public money, even for the eco- to guide the young mind safely into moral and
nomical and benevolent purpose of educating the intellectual havens; and he rejoiced to say, that
poor children of the State, sh(tuld it either come the city of Baltimore was more wealthy in these
through individuals or associations,as well as cor- ornaments than in all her other proud monuments.
porations. Hlow else can it come? He was un- He, in common with the constituency, which, in
able to see. He did not pretend to be a prophet part, he represented in this Convention, regarded
-but in this instance lie had proved a true one, public education as an indispensable auxilliary to
for he now savw that the gentlemanl from Queen Baltimore's rapidly increasing prosperity; nor
Anne's, [Mr. Spencer ] was about to vote will she ever be so unmindful of her duty and inagainst his, [Mr. D's.,] atmendent. And to re- terests, as to abandon an experiment which some
liheve the gentleman from Frederick, and those tvwenty years of private and public devotion, has




435
crowned with the most gratifying success. No  Mr. SELLERS desired permission to explain, the
one desired more than he, to see it enjoying that vote he was about to give, for without such exstandard of eminence to which its usefulness en- planation it might possibly be misconstrued. No
titled it, and would ultimately place it, if impro- man desired more sincerely than he did, to see
vident or partial legislation did not interpose its every child in the State educated, for it never
sectional feeling, to disturb the harmony that could be too ofLen repeated, that upon the virtue
should characterize the entire system. The pro- and intelligence of the people depends the perposed amendment, he thought, would not meet petuity of our institutions. But at the very mothe objects claimed for it by its immediate friends; ment when we are restricting the Legislature in
it was of very questionable utility; and he, there- every possible way to prevent the contracting of
fore, preferred to have the merits of the whole debt for works of internal improvements, at the
subject discussed and disposed of, when the re- very moment when we are interposing constituport of the committee on education, (now on the tional barriers to protect the people from mad
desks,) should come up for consideration. That, and ruinous schemes, a proposition is introhe conceived, with great deference to the opinions duced which grants to the Legislature the unreof others, to be the appropriate time to secure to strained, unlimited, indefinite right to contract
educational purposes, the necessary constitu- any amount of debt for purposes of education,
tional safeguards, aswell as to obtain a more and to establish any system no matter how giganequitable distribution of the present and prospec- tic, embracing the establishing and endowing of
tive munificence of the State. He would ob- colleges and academies in every county in the
serve, that under existing laws, Baltimore city State. Said Mr. S. I am opposed to all this, he
did not enjoy her fair proportion of the school wanted something tangible to act on; he did not
fund, and it was to protect her in the future, that want to act in the dark. Whenever the revenues
he objected to the amendment of the gentleman derived from the works ofirnternal improvement,
from  Montgomery, which, to his mind, looked about which we hear so much shall be sufficient
rather to a perpetuation, than to a rerorm of ex- to the establishment of public schools, he desired
isting abuses.                             their application to that purpose; but until the
Mr. S. referred to theprogress of public schools public debt was entirely discharged. and until
in Baltimore city, from their origin to the pre- we had a fixed and certain revenue, he was opposent period, compared the annual expenditures sed to all schemes, which might in any possible
incurred for tuition in the several cities, and al- way again involve the State in debt.
luded, in terms of commendation, to the last an-  The result of the vote was then announced as
nual report of the school commissioners of Bal- follows:
timore, in which he found interesting data to en-  qffirmative1 Messrs. Chapman, Pres't., Blacourage the friendsof popular education here and kistone, Dent, Hopewell, Ricaud, Lee, Chamelsewhere. He earnestly declared that he never bers of Kent, Mitchell, Donaldson,Dorsey,Wells,
could be found refusing his aid, whenever legiti- Randall, Kent, Weems, Merrick, James U. Denmately demanded, to a system that had proved nis, Crisfeld, Dashiell, Hicks, Hodson, Goldsitself, under all disadvantages, so admirably adap- borough, Eccleston, Bowie, Sprigg, McCubbin,
ted to the cultivation of the mind, and so es.en- Bowling, McMaster, Fooks, Biser, Davis, and
tial to the preservation of the moral, social and Kilmour-31
political happiness of the whole State. He would  Jegafe.- Messrs. Sellman, Sellers, Bell,
add, for himself, and in behalf of'his colleagues, Welch, Chandler, Ridgely, Lloyd, Colston,
that if gentlemen inferred from  the vote they Chambers, of Cecil, McCullough, Miller, Spenshould give on this proposition, that they were cer, Grason, George, Thomas,Shriver, Gaither,
opposed to general education, they will have Annan, Sappington, Stephenson, McHenry, Madrawn an erroneous conclusion. So far from  graw, Thawley, Stewart of Caroline, Hardcasopposing, their opinions ran in a contrary direc- tie, Gwinn, Stewart of Baltimore city, Brent of
tion. They were firm as any could be in their Baltimore city, Sherwood ot Baltimore city,
determination to extend the benefits of educa- Presstman, Ware, Schley, Fiery, Neill, John
tion, and to secure an equality of rights to all.  Newcomer, Michael Newcomer, Weber, HollyThe question was then stated to be on the day, Slicer, Parke, Ege, Cockey, and Brownadoption of the amendment of Mr. DAVIs.     42.
Mr. DAVIS asked the yeas and nay, which were  So the amendment was rejected,
ordered,                                      Mr. SPENCER moved to amend said amendThe roll was called.                     i ment by striking out all from the word "dollars,"
Before the decision was announced,        in the ninth line to the word "but," in the thirMr. SOLLERS rose and asked if it was in order teenth line, and inserting in lieu thereof the folfor him now to assign his reasons for the, vote he lowing:
had given?
had given? PREDENT  it wr                     "But the Legislature shall not contract any
1 he PRESIDEN  said it was not  ordebt for the use of individuals, associations, or
Mr. SOLLERS then said, he must ask the unani- corporations, except for public schools, and then
mous consent of the Convention to say a few  only to the extent and in the manner that may
words.                                      be provided for in this Constitution."
The PRESIDENT put the question, and the Con-  Some explanations as to the construction of
tention gave its unanimous consent, that Mr. the amendment passed on the part of Messrs.
SOLLERS should assign his reasons, for his vote,  SPENCER and SOLLERS.




436
Branching from these explanatory remarks-  every thing is to be done here by party influence,
Mr. SOLLERS concluded his explanation.   and that the cry is, " stick to your party!" He;
Mr. BROWN demanded the previous question-  was of no party here, and heileft others to purand gave notice that he would not withdraw it. sue that course which was thought right; and let.
It was time that the debate should be brought to his acts to be judged of by his own constituents.
close.                                     This Convention had been called into existence
Mr. EGE asked Mr. BROWN to withdraw, to by the voice of the people. It was at first openable him to make a few remarks.          posed by those in power. But the clarion of ReMr. BROWN declined to withdraw.          form sounded from the western hills of Maryland
The question was then taken on the demand until power began to tremble. The people have
for the previous question, and there was not a called for reform in a voice of thunder, which
second.                                    will make itself heard here. He concluded with
The question then recurred on the amendment stating, that when he rose he merely designed to
of Mr. SPENCER.                            show the unequal operation of the amendment of
Mr. MERRICK intimated that a proper time, the gentleman from Montgorery.
when a suitable occasion should offer, and that  Mr. SOLLERS briefly explained.
he supposed would be when the report of the  The question then again recurred on the adopcommittee on public works came up for consid- tion of the amendment of Mr. SPENCER.
eration, he intended to show that if the provisions  Mr. DORSEY called for a division on striking;
of the act of 1836 had been complied with, the out,
evil day which had caused us so much sorrow,  Which was ordered.
would not have come on Maryland. It was in   Mr. MCHENRY said that the objection which,,
the contemplation of the Convention, he believ- in his opinion, lay against the amendment of the.
ed, when the report of the committee on educa- gentleman fromMontgomerywould be also against.
tion shall be taken up for discussion, to adopt the amendment of the gentleman from Queen
some mode for the support of public schools, Anne's, (Mr. Spencer.) The true mode is to.
which will be free from the objections of gentle- draw the money required for the object, at the
men who oppose the present proposition.    time when wanted, from  the people by taxation.
Mr. EGE replied to the charges which, at least The gentleman from Calvert was right inhis opinby construction, were made against him and ion, that the people are opposed to the contracthose who voted with him, in the course he was tion of any further debt by the State. The
pursuing with reference to the subject of educa- amendment of the gentleman from Queen Anne's.
tion. He could only say that he was taking his might, if adopted, lead to serious embarrassment.
course on his own personal responsibility to his He, (Mr. McH.,) desired to prevent the Legislaconstituents, and that the charge of demagogue- ture from exercising any power to loan the credit
ism, so far as he was concerned, fell harmless. of the State for any object. He intimated that.
He repelled the idea that this Convention was a he had an amendment which he proposed to offer.
humbug, and expressed a hope that no gentle-  Mr. MCHENRY then moved to amend said
man would permit himself to be driven by the amendment, by adding at the end thereof, the;
mere fear of ridicule from an honest persever- following:
ance in the line of duty. He knew not why lo-  "The credit of the State shall not, in any
cal and popular rights should be withheld on no manner, be given or loaned to or in aid of any
better ground than that they are advocated by a individual, association or corporation, nor shall
certain class of political men.            the General Assembly have the power, in any
He came here for the purpose of sustaining mode, to involve the State in the construction of
certain promineit principles, and of these, edu- works of internal improvement, or in any entercation was one which he intended to stand by prise which shall involve the faith or credit of
to the last. against any force which might oppose the State."
him; nay, if he stood alone in the Convention.  Mr. SPENCER, (some members not being preIf his people were to say that his course did not sent, he said, when he offered his amendmet,) remeet their approbation, he would yield obedience peated his explanation of it, and gave notice of
to their voice and resign his seat here. As to the his intention, if it should prevail, to follow it up
question of the election of judges, he reminded with another amendment, which he read.
gentlemen that the judges of Israel were elected  Mr. SOLLERS suggested to Mr. MCHENRY a
by the people. And he asked, whether any one, mrodification of his amendment, which is embodiof any party, could be found to vote for a judge ed in it as given above.
whom he deemed incompetent to perform the     The question was then stated to be on the said
duties of his office. He referred to the satisfac- amendment, as modified.
tory result of the application of the elective prin-  Mr. MCHENRY asked the yeas and nays,
ciple to the people of New York, and asked why  Which were ordered, and
it should be assailed as demagogueism when we  Being taken, resulted as follows:
are only attempting to introduce the same princi-.3ffirmative-Messrs Chapman, Pres't, Blakisple here which had been successful there? He tone, Dent, Hopewell, Dorsey, Wells, Kent,
was of opinion that justice was rendered without Sellman, Weems, Sellers, Merrick, Bell, Welch,
perversion in other States of the Union where Chandler, Ridgely, Lloyd, Colston, James U.
judges were elected by the people, and that the Dennis, Dashiell, Hicks, Hodson, Goldsborough,
fountains of justice was quite as pure there as Eccleston, Chambers of Cecil, Miller, Sprigg,
they are in this State. It had been alleged that Bowling, McMaste, Fooks, Shriver, Biser, Sap



437
pington, Stephenson, McHenry, Magraw, Stew- ate the public money, or pledge the public faith,
art of Caroline, Hardcastle, Schley, Fiery,Neill, or make loans or subscriptions to any association
John Newcomer, Michael Newcomer, Kilgour, corporation or work of internal improvement;
Ege, Cockey and Brown-46.                   and they shall not use or appropriate the proceeds.Negative-Messrs. Ricaud, Lee, Chambers of of the internal improvement companies, or of the
Kent, Mitchell, Donaldson, Randall, Crisfield, State tax now levied, or which may hereafter
Bowie, McCubbin, Spencer, Grason, George, be levied, to pay off the public debt, to any other
Thomas, Gaither, Annan, Thawley, Gwinn, purpose, until the interests and debt are fully
Stewart of of Baltimore city, Sherwood of Balti- paid."
more city, Presstman, Ware, Harbine, Davis,   Mr. CRISFIELD gave notice that at the proper
Weber, Hollyday, Slicer, Smith and Parke-28. time, he should offer the following amendment:
So the amendment was agreed to.               Strike out after the word "dollars," in the
The question then recurred on the adoption of tenth line, to the word "the" in the thirteenth
the amendment, as amended.                  line, and insert:
Some conversation followed on a point of or-  "Nor shall the legislature hereafter create
der, [arising out of some confusion as to the state any debt, or pledge the credit of the State, exof the question.],            cept for the purpose of education, as hereinafter
To obviate the difficulty in which the Conven- may be provided, to or for the use of any assocition had become involved-                   ation or corporation, or for or on account of any
Mr. CHAMBERS, of Kent, moved a reconsidera- work of internal improvement, but after the paytion of the vote by which the modified amend- ment of the public debt as provided by law, the
ment of Mr. McHenry had been adopted.       revenue which may accrue from the State's inMr. THOMAS suggested that the object [which  vestments in works of internal improvement,
was to get at the the judgment of the respective  may be appropriated to the improvement of exispropositions of Messrs. Spencer and McHenry,] ting, and the construction of additional works."
could be attained by a division of the question.  The question then recurred on the amendment
Mr. CHAMBERS, of Kent, assented and with- of Mr.. SPENCER.
drew his motion to reconsider.                Pending the question on this amendment;
Mr. SOLLERS moved to amend said amendment   The Convention adjourned until to-morrow at
by striking out the first branch thereof-being ten o'clock.
that portion of the amendment offered by Mr.
SPENCER.                             "                   DEFERRED DEBATE.
SPENCER.
The question then recurred on the second                In Convention, Feb. 11, 1851.
branch of the sagd amendment.
r. SOLLS moved to amend by adding at        Remas of Mr. DASHIELLon his amendment
the end thereof, these words:               to the preamble of the bill of rights, proposing to
ThOr maing any appe wr ia    therefor.    add the words "representing the counties and
The amendment was agreed to.              city of Baltimore."
The question then recurred on the adoption of  Mr. DASHIELL said:
the second branch of said amendment, as       That the gentleman from the city of Baltimore,
amended.                                    (Mr. Gwinn,) desires to know what theory, he,
Mr. THOMAS asked the yeas and nays,       (Mr. D.,) proposed to inculcate by the amendWhich were ordered, and                   ment he had offered. He would say, the amendThe question having been taken, the result ment itself, developed his theory; and he was
was as follows:'      somewhat surprised at the inquiry. The remarks
affirmative-Messrs. Chapman, Pres't, Blakis- also which he had made at the introduction of
tone, Dent, Hopewell, Ricaud, Lee, Chambers of his amendment gave a further and fuller exposiKent, Mitchell, Donaldson, Dorsey, Wells, Ran- tion of the same. What further explanation the
dall, Kent, Weems, Sellers, Merrick, Welch, gentleman desired, he could not conjecture, unChandler, James U. Dennis, Dashiell, Hicks, less he wished, at this time, to enter upon the
Hodson, Goldsborough, Eccleston, Constable, discussion of the great question of representation.
Bowie, Sprigg, McCubbin, McMaster, Fooks, The amendment which he had proposed; contains
Sappington, Stephenson, McHenry, Hardcastle, nothing but a plain and notable fact, which he
Schley, Fiery, Neill, John Newcomer, Michael presumed the gentleman would not undertake to
Newcomer, Davis, Kilgour and Cockey-42.     dispute or deny; and from that fact, but one true
Negative-Messrs. Bell, Ridgely, Lloyd, Col- theory can be deduced, and all others are spuriston, Crisfield, McCullough, Miller, Bowling, ous. Now, the gentleman fropn the city of BalSpencer, Grason, George, Thomas, Shriver, timore, with a suspicious fear, seems to discover
Gaither, Biser, Annan, Thawley, Stewart of in the amendment, a phantom, and starts at it,
Caroline, Gwinn, Brent of Baltimore city, Sher. as if it were his "evil genius."  Ah, Mr. Presiwood of Baltimore city, Presstman, Ware, Har-  dent, truth, that mighty and faithful reality, is
bine, Weber, Hollyday, Slicer, Smith, Parke, sometimes startling, and calculated to inflict much
Ege and Brown-31.                           terror; and it is manifest the gentleman betrays
So the second'branch of the amendment, as much of its power working upon him, and eviamended, was adopted.                       dently to his disquietude.
Mr. SPENCER then moved as a substitute for  Mr. D. said, that he was aware that his amendthe amendment just adopted, the following:  ment conflicted much with the fond notions of'The legislature shall not hereafter appropri- some, in regard to the question of representation,




438
and among that number was the gentleman frori State, the Herculean power of Baltimore city.
the ciaty of Baltimore. He k i ew there was an Sir, it is to obtain power and the mastery, that
effort being made to obliterate (( unldistinctions such schemes are concocted. Yield to those wild
in regard to iepresentation,';1 already notice notions and extravagant demands of some, and
had been given for districtin the State, regard- you will have the anomaly of our city within a.Ifies of county lines, for that purpose.   State, occupying but a few acres of its territory,
The next monstrous notion he expected to hear with a large population, heterogeneous in its naannounced, would be to electdelegates to the Gen- ture, and turbulent in spirit, governing that State.
eral Assembly, by a general ticket system through- Sir, tell me not, that to concentrate political
Dout the whole State. Then would soon follow  power, sufficient to control the government of a
an obliteration of all other county distinctions re- State, in a single city of the same, there need be
*cognised by the present Constitution. And then, no apprehensions of misrule and tyranny. Tell
indeed, the counties of old Maryland, which have me not, that a single city, possessing the power
had, and enjoyed rights, powers and privileges over other communities, would be less liable to
for two centuries, will be shorn of the same, and practice tyranny, than a single individual. The
will experience the sore penalty of their wicked- old adage,'the greater the number of tyrants,
ness, for bending their "knees to Baal."  The the greater the amount of tyranny," would be
city of Baltimore in a short time will have half fully realized and felt, upon such an event.
of the population of the State; and recognise in Much more, Mr President, would I prefer the
her the potency of numbers-cease to protect the category under another old maxim, "that one
counties from her power; and she will have the  yrant is better than many."
ability to yield the government of Maryland.  But, said Mr. D., the example of other States
Then, whether for weal or wo,the counties will be will, no doubt, be urged in favor of this new
cpmpeiled to submit. They will no longer have mode of representation, and for abolishing that
an existence, for their separate and distinct inter- old and well-tried system, adopted by our patrio-,est, to be represented in the halls of legislation. tic forefathers, and under which we have lived
Who is prepared to lend a hand to effect this and prospered for about two hundred years. Sir,
dangerous innovation? Is there a delegate here, the example of those States, is not a proper exrepresenting any of the counties of this State, wil- ample to affect us in the adjustment of this quesling to give away. or to barter for a mere "mess tion. Our cases are not atallsimiliar. We have
of pottag'," for party consideration, the dearest a small State with a large city, which will soon
interest of his constituents? Is there a delegate number and contain half of our population, and
here with his sword drawn, ready to commit such they have large States, with large cities, the poan atrocious suicide? He fain hoped the con- pulation of which can never exceed one-eighth of
trary.                                      that of the whole State. The adoption of the
Mr. D. said, the gentleman from the city of principle of representation based upon population
Baltimore contends that we are not here as "dele- alone, will never, in those States, concentrate a
igates of the counties, but of the State of Mary- preponderance of political power in a single city.
land." If this be the fact, then the delegates But it will be readily seen, that our situation is
from the counties are as much the representa- vastly dissimilar, and experience must induce us
tives of the city of Baltimore, as those of her to adopt a different rule in the distribution of
own choice. She has, according to that the- legislative power. The old adage, "that circumory, the whole delegation of Maryland repre- stances alter cases," must be applied to that prinseriting her upon this floor. Why then all of this ciple, for which we have an example in other
outcry from Baltimore, for more representation? States. and to which some are so warmly atWhy then those treasonable threats we see al- tached, or we shall sacrifice justice, and open the
most daily made by a public press in that city, door for oppression, by the adoption of a princibecause she is denied a larger representation? If pie in the apportionment of representation, which
the whole delegation of Maryland represent her is in no way suited to our case.
in the legislative department of the government,  i Mr. D. said, he could not agree to the theory
all must acknowledge she is now amply repre- advanced by the gentleman from Baltimore city,
sented.                                     although in one point of view itmay be regarded
But, said Mr. D., he believed that theory would as a strong argument against the demands of Balbe modified, or entirely abandoned, when the timore city, and the larger counties, for an inquestion of representation came up for discussion. crease of representation, which he positively opUpon a failure to district the State, for the pur- posed. He regarded the delegates in this Conpose of representation, which he anticipated  vention, as the representatives of the different
would occur, he thought there would be many, counties and the city of Baltimore, which elecwho now deny his theory in regard to county dis- ted them, and from whom  they derive their
tinction, who will then become even clamorous authority; and he regarded them also, in the agin its favor, and perhaps also for county supe- gregate, as the representatives of the whole
riority.                                    State? Each delegate here is the representative
Why, (exclaimed Mr. D.,) this anxious desire of his immediate constituents,parlicularly, and of
to doawaycountydistinctions?  Whythiseager- the State gelerally. He did not look upon the
ness to adopt a new mode of representation? Ah, counties as sovereignties, for such a notion would
Mr, President, it is because of the hope enter- be vain and foolish-the State herself has hardly
tained, that if such a thing can be achieved, of a principle of sovereignty left her; but he did
getting admitted into the Legislature of your hold they were separate and distinct communi



439
ties, and were recognized as such by the Consti- were robbed of their just rights in the election of
tution under which we now live. As communi- Governor, and also of their just right in the lower
ties, they are entitled to a separate and distinct branch of the Legislature.  These invaluable
representation in the Senate and House of Dele- rights, and that just equality which were secured
gates of the State. Geographically, they are to them in the compact of government entered
separate and distinct from each other, and have into in 1776, are now lost and can never be reseparate jurisdiction. They have also different gained.  The apology given for this yield of
and dissimilar interests, and the economy of the power by the smaller counties was,' that it was
government has provided for it a representation for the sake of peace and to allay excitement."
in the legislative department of the same. Some But the receivers, having tasted of it then, are
have an agricultural interest of a grain growing still unsatisfied and their desire for more have
nature; others, that of tobacco; and others have become insatiable. Our strength having been
interests combining  agriculture, mining and impaired by the loss incurred then, and party
manufactural; and Baltimore city an interest feelings and selfishne-s begetting in us divisions
purely manufactural and commercial. The arts now, we are much weakened in our capacity,to
and sciences are dispersed throughout the State, resist further aggression. Can we indeed sucand like precious jewels in the hands of owners, cessfully resist it?
having an intrinsic value wherever they be at,  Mr. D. said, this county system  now extant,
but susceptible and subject to change of location. was introduced in our mother country as far
From these different interests and sources, the back as the ninth century, and has for its author
State derives her revenue, and the people gain a the same distinguished law-giver who established
livelihood, amass wealth, and obtain trade.  trial by jury. It has been well tried by the orThese are the interests which demand our fos- deal of time, and found to be substantial and intering care, and therefore, should be distinctly  valuable. One of its great virtues was political
represented in the Legislature of our State.  equality; and fluctuations in population and
wealth, did not disturb its equilibrium. In it
Mr. D. said that his amendment contained a there was no room for complaint, emulation and
principle which had been the fixed policy ot strife, and political jealousy had no existence
Maryland from the year 1650 up to the present among them. From  this wholesome example,
moment. That principle is county representa- this county system was established in this countion. He was sure this was no strange theory-  try in all of the colonies, and has remained to
no heterodoxy-but a well k own fact, and a this day; but in some States its worth has been
principle which has been tenaciously adhered to greatly impaired, by the rash hand of innovain all times past, and should be, in all times to tion.
come. These " civil divisions," known as coun-  Mr. D adverted to the situation of the coun
ties, were carved' out of the territ.ry of the colo-   this State in 1774, at which time, he said
ny, and erected by 6' orders in council," and of
ny, arnd erected by ^ordlers in council," and of the proprietary's government ceased to have efthe proprierary's Governors, and were deemed  fet. The proprietary's Governor, alhough reas separate and distinct.communities, and entitled ma in  the colony, yet he was powerless, and
to a separate representation. But two counties, the government had not the ability to sustain itAllegany and Carroll, derive their existence from  self. The people were incensed against the mothe present government of the State, and they ther country on account of acts of oppression,
were formed out of the territory of other counties, and  ere at that time openly engaged in making
but with the free and full consent of all parties. preparations for revolt.  et, the proprietary's
Two others, Washington and Montgomery, were governor was unable to surpress insurrection and
erected out of Frederick county by the Convention  da  to attpt it.
which formed the Constitution in 1776. All the 
rest derive their origin from quite a different  He contended that whenever a government
source, and far anterior to the present government ceased to have power to inforce itself, it had no
of the State. A notable factwhich he would recur longer existence. He said the Convention which
to, although known to all in this Convention, but assembled in 1774, had no authority under the
which will grate hard upon the ears of some, is, government then existing; but it was the creature
that from their first introduction to about the of the people,and the result of their sovereignty.
year 1824, they lived in perfect peace, harmony Upon the fall of the old government, all the~
and contentment, and until demagogues com- rights and powers of the people yielded up in its
menced their work of mischief among them, they establishment, reverted back to them, and again
were recognised as equals, regardless of the dif they possessed the freedom and ability to form a
ference in territory and population which have new government. The counties then beingsepalways existed. In 1836 the Legislature of that arate anddistinct communities, with well estabyear. whose acts in relation to a change in the lished lines of demarkation as to territory, and
Constitution will prove a curse to the counties in accustomed to rights and powers, separate and
all future time, yielded to the principles and de- distinct from  each other, elected, each one fbr
mands of demagogues, and stamped upon the itself, "a committee of observation," to whom
counties of this State the abominable heresy of was intrusted the internal management of its af.
political inequality. That year will ever be fairs. Under this new mode of government they
looked upon and held in memory, as the begin- co:tinued separate and distinct from each other,
ning of our downfall. By the change effected until called upon by the "sons of liberty," to
then in the Constitution, the smaller counties unite in holding a Conveiition on the twenty sec



440
ond day of June, 1774. In that Convention they 24th of April next, &c. and, therefore, we rewere represented equally, and recognized as commend that the several counties of this proequals, and were looked upon as parties compe- vince, choose deputies as soon as conveniently
tent to enter into confederation and agreement.  may be, to attend such meetings, &c.
Each county sent its committee to represent  That Convention met according to the time apits wishes and views; and the heading of its pro- pointed, and another met also in July following,
ceedings as found upon the third page of the 1775, the latterof which adopted articles of asjournal reads thus: "At a meeting of the com- sociation which contains a kind of provisional
mittees appointed by the several ceunties of the pro- government, and a confederation of the counties.
vince of Maryland," &c. which shows plainly   See page nineteen to thirty-six of the journal.
the principle adopted then is the same contended  In those articles of association, on page thirty,
for now by my amendment, and is our true theo- the following provision for future Conventions is
ry, and should bestill perpetuated. As a further made: " And on the same day, or the next, to
evidence in favor of county distinction and equal- which the said delegates are empowered to adity, and as parties to the work then to be per- journ, the said electors also choose, by ballot,
formed, I willlread the very first act of that body five of the most discreet and sensible of such freewhich shows beyond all doubt in what capacity men, as aforesaid, of their county, to be delegates
they were acting. It reads thus:''It being moved for the same, in any provincial Convention to be
from the chair to ascertain the manner of divi- held for this province, within one year then next
ding upon questions, it was agreed, that on any following, with full power and authority to such
division each county have one vote, and that all delegates or any three or more of them, to appear
questions be determined by a majority of counties." and act for such county in such Convention; and
This Convention after a session of three days ad- to consent and agree to, and bind such county to
jeurned, and its interesting proceedings can be perform and execute all such matters and things
found on pages 3, 4, and 5, of the journal.  as such Convention or a majority of the counties of
In November 21st, following, another Conven- this province shall determine," &c.
tion assembled, and continued its session for four  The next Convention was called under the
days, but there not being a full attendance it " Articles of Association," and assembled on the
passed the following resolution and adjourned. 7th of December, 1775. It transacted much bu"Several of the counties not being fully represent- siness of importance, all tending to carry out the
ed, from the want of sufficient notice of the time object and principles of the " Association."
of this meeting, resolved that this meeting will Among its proceedings may be fourd, on page
adjourn to Thursday, the eighth December next; eighty-five of the journal, a settlement by ballot
and that a letter be wrote to those counties, of the rank of counties, and Somerset, the county
earnestly to request them to send their deputies to I have in part the honor to represent, stands as
attend punctually on that day, as matters of very first in the catalogue. This was a proud and
great importance,"&c. [Seepage5, of the jour- lofty position, and well may she yet contend for
nal.]                                       those great principles of county equality, when
The Convention met again on the day appoin- only by lot she was made the " chief among
ted, viz: eighth December, 1774,,and among its equals."
deeply interesting proceedings, may be found on  The sixth Maryland Convention was held on
pages eighthand nine of its journal, the following the 8th of May, 1776, and its session was laborious
resolutions:                                and protracted, continuing until Saturday the
Resolved, That it is earnestly recommended by 6th of July following, to the very noon of night.
this Convention, to the people of this province-  During its session, on page one hundred and eighthat the determinations of the several county cont- ty-four of the journal, provision was made for
mittees be observed and acquiesced in: That no per- calling a new Convention for the express purpose.
sons, except members of the committees, under- of forming a new government. In that Conventake to meddle with or determine any question tion, the counties were to be represented upon
respecting the construction of the association en- the usual footing of perfect equality, anticipating
tered into by the continental Congress; and that a division of Frederick county in three counties,
peace and good order be inviolably maintained which was done. Baltimore town and Annapothroughout this province.                   lis were recognised as boroughs; and a represenResolved, unanimously, That it is recommend- tation of only half that allowed to a county. was
ed to the committees of each county, to raise, by reluctantly conceded to each. The resolution
subscription, or in such other voluntary manner says, "nor shall the resolution be understood to
as they may think proper, and will be most agree- engage or secure such representation to Annapolis
able to their respective counties, such sums of or Baltimore town, but temporarily; the same
money, &c., &c., &c.; and that the committees bring, in the opinion of this Convention, properly
of the respective counties, lay out the same in to be modified, or taken away, on a material althe purchase of arms and ammunition for the use teration of the circumstances of those places,
of such county, to be secured and kept in proper from either a depopulation or a considerable deand convenient places, under the direction of the crease of the inhabitants thereof."
said committee.                               It will be seen by this, Mr. President, that the
Resolved, unanimously, That it will be neces- right was reserved to take away the representasary that a provincial meeting of deputies chosen tion of Annapolis and Baltimore, under certain
by the several counties of this province, should circumstances; but no such right was given, rebe held in the city of Annapolis, on Monday the served or acknowledged to have the like effect




441
upon the counties. under any circnmstances what- ent, the journal of yesterday was lead and ap
ever. Their right to political existence and proved.
equal representation, was reserved to each, and  Mr. JOHN NEWCOMER presented a petition of
whenever it is changed, modified or abolished, it sundry citizens of Washington county, praying
must be done by their own free consent, or ac- that a provision may be made in the new Constiquiesance. Under this aereement they entered tution, that the privilege to sell intoxicating liinto the compact of government in 1776, and quor shall not be granted to any person in any
have remained until this day. But some of them  part of the State, except the same shall first be
have suffered by their rights being impaired by a sanctioned or approved of by a majority of the
change made in the Constitution in 1836, in which  votes in the district where the same is to be sold.
they have acquisced.                          Which was read, and
Mr. McMahon, in his history of Marylanid, in  Referred to the select committee already apspeaking of the system of representation adopted pointed on that subject.
in the Constitution of 1776, says:
"With reference to the several counties of the          HOWARD COUNTY.
State, the principle of our present system ofrepre-  Mr. DORSEY rose and asked the Convention at
sentation in the House of Delegates, is perfect this time to take up and consider the report hereequality, because of distinct county interest, tofore presented by him, in relation io making
without regard to difference in territory or popu- Howard District a county. He did not intend
lation."                                    himself to discuss it, he said, and he had no reason
And again he says:'"This system  imparts to to suppose that it would occupy more than a few
the State the character ofa confederacy of coun- minutes of the time of the Convention.
ties, and unless so regarded, it has no governing  Mr. BROWN suggested that the unfinished busiprinciple."                                 ness of the morning hour of yesterday, would
And again he says, when speaking of this pro- come up to-day as a matter of course.
bable permanency. "There is, however,one alter-  The PRESIDENT replied, that the unfinished
ation of it, relating only to the representation of business of the morning hour would come up as
the city of Baltimore, which, it is believed, the a matter of course; but that it might be postponed
justice and magnanimity of the State will yet by the vote of a majority of the Convention.
accord to her. This proposes merely to increase  Mr. DoRSEY said, the report would probably
the number of her delegates tofour, so as to place not occupy more than five minutes.
her on an equality with the counties. It received  Mr. BROWN replied, that it was probable that
the sanction of the Legislature at the session of the unfinished business could be disposed of in
1824, but was not confirmed as the Constitution the same length of time. He hoped that the
requires, at the ensuing session. *  I  *   Convention would dispose of that in the first inOn that occasion it was resisted, not so much stance.
on account of its immediate objects and effects  The PRESIDENT inquired, whether the gentlein raising the representation of Baltimore to an man from Anne Arundel, (Mr. Dorsey,) persistequality with that of the several counties, as for ed in his motion.
its supposed tendency to extend the hand of innova-  Mr. DORSEY. I should like to have the sense
tion to the whole system, and to strengthen her claims of the Convention upon it. And he made the
for a firther increase. Without regarding it as motion accordingly.
the beginning of innovation, it was difficult to  Mr. PRESTNMN intimated his opinion that the
find an argument of justice or expediency, upon report would lead to discussion.
which the bill could be resisted. By the very  Some conversation followed on a point of orgrant of a partial representation, this city is ad- of order.
mitted as a distinct member of the quasi-confrde-  Mr. DORSE  asked the yeas and nays on his
racy, having distinct interest" &c.         motion, which were ordered, and being taken,
And now, Mr. President, after having examin- resulted as follows:
ed into the history of this State thoroughly, only.ffirmative-Messrs. Chapman, Pres't., Blakisa small portion of which I have found it conve- tone, Dent, Hopewell, Chambers of Kent, Mitchnient to cite as authority, but leaving an abun- ell, Donaldson, Dorsey, Wells, Randali, Kent,
dance still behind, I have come to the conclusion, Sellman, Weems, Dalrymple, Sollers, Bell,
that the present government is constituted of a Ridgely, Crisfield, Dashiell,' Hicks, Hodson,
confederacy of counties, each one being a party Goldsborough, Eccleston, Sprigg, McCubbin,
to the compact, and that each county has vet re- Bowling, Grason, McMaster, Fiery, John Newserved rights, among which is the right topoliti- comer, and Davis-33.
cat existence and individuality.              Negative-Messrs. Ricaud, Lee, Lloyd, Colston, Chambers of Cecil, McCullougl, Miller,
Spencer, George, Fooks, Thomas, Shriver,Gait,er, Biser, Annan, Sappington, Stephenson, Magraw, Thawley, Hardcastle, Gwinn, Sherwood
of Baltimore city, Presstman, Ware, Schley,
FRIDAY, March 7, 1851     Neill, Michael Newcomer, Weber, Hollyday,
The A3 Maco n me, at tn oSlicer, Parke, Ege, Cockey, and Brown-32.
The Convention met at ten o'clock.          So the Convention determined to proceed to
Prayer was made by the Rev. Mr. GRAUFF.   the consideration of the said report.
The roll was called, and a quorum being pres-  The report was read as follows:
56




442
The select committee apointed to consider  Mr. HOPEWELL. Isit in order to move to lay
and report respecting the formation of New  the motion on the table?
Counties in this State, beg leave to make the  The PRESIDENT. The motion is in order.
following report, and recommend its adoption  Mr. HOPEWELL. I make it.
as an article of the constitution about to be form-  The question was taken, and the Convention
ed:                                       decided that the motion should not be laid on
THOS. B. DORSEY, Chairman,.  the table.
Article. That part of Anne Arundel county  The question then recurred on the motion of
called Howard District, is hereby erected into a Mr. WELLS, to designate Wednesday week, and
new county to be called Howard county; the in- being taken, resulted as follows:
habitants whereof shall have, hold and enjoy all      -   M. C, P,
such rights and privileges as are held and enjoy-  laitrmnatve. Messrs. Chapman, President,
ed by the inhabitants of the other counties in Blakistone Dent, Hopewell Ricaud, LeeChamthis State: and its civil and municipal officers bers, of Kent, Mitchell, Donaldson, Dorsey,
at the time of the ratification of this constitution Wells, Randall,Kent, Sellman,Weems, Dalrymshall continue in office until their successors ple, Bond, Crisfield, Dashiell, Hicks, Hodson,
shall have been elected or appointed, and shall Goldsborough, Eccleston, Sprigg, McCubbin,
have qualified as such; and all rights, powers and Bowling,Grason, McMaster, Fooks, Sappington,
obligations incident to Howard District of Anne Stephenson, McHenry, Thawley, Schley, Fiery,
Arundel county, shall attach to Howard county. John Newcomer, Davis and Kilgour-37..Negative - Messrs. Sollers, Bell, Welch,
The question was then stated to be on the adop- Ridgely, Lloyd, Colston, Chambers, of Cecil,
tion of the report.                        McCullough, Miller, Spencer, George, Thomas,
Mr. WARE said, that before the question was Shriver, Gaither, Biser, Annan, Magraw, Hardtaken he should like to know the census of Anne castle, Gwinn, Sherwood, of Baltimore city,
Arundel county proper, and Howard District.  Presstman, Ware, Neill, Michael Newcomer,
Mr. DoRSEY said, he had not the census before Weber, Hollyday, Slicer, Parke, Ege, Cockey
him; but he understood upon good authority, that and Brown-31.
the population of the district was some twelve or  So the reports from the committee on reprethirteen thousand.                         sentation was made the special order of the day,
The question was then taken and the report for Wednesday week.
was adopted.
was adopted.                                    THE LEGISLATIVE DEPARTMENT.
BASIS OF REPRESENTATION.
The Convention proceeded to the special order
Mr. SPENCER moved that the Convention re- of the day, being the report of the committee on
sume the consideration of the unfinished business the legislative department.
of the morning hour-which motion was agreed  The pending question was on the substitute
to.                                        amendment offered yesterday by Mr. SPENCER
The Convention thereupon resumed the con- in the following words:
sideration of the motion submitted yesterday by  "The Legislature shall not hereafter approMr. LLOYD, making the several reports from the priate the public money, or pledge the public
committee on representation the special order of faith, or make loans, or subscriptions to any asthe day for Tuesday next.                  sociation, corporation or work of internal imMr. GwiaNN asked the yeas and nays, which provement; and they shall not use or appropiate
were ordered,                              the proceeds of the internal improvement comMr. WELLS, (to the Chair.) Is it in order to panics, or of the State tax now levied, or which
move another day?                          may hereafter be levied to pay off the public
The PRESIDENT. It is in order to move any debt, to any other purpose, until the interest and
other day that has not yet been named.     debt are fully paid.
Mr. WELLS. I move Wednesday week.          Mr. SPENCER moved the question be taken by
The yeas and nays were ordered.          yeas and nays.
Mr. PRESSTMAN said, he did not see the neces-  Mr. SPENCER said, that he had yesterday offersity of being pertinacious as to a particular day ed this as a substitute for the amendment of the
or of taking the yeas and nays on each day gentleman from Harford, [Mr. McHenry.] He
named. The Convention could designate some now withdrew it. He did soin conssquence ofa
day most acceptable to it, without the delay  conversation with that gentleman, in which he,
sequent upon t     his processl            (Vr. McH., ) had agreed to accept the latter part
Mr. SOLLRS, (to the Chair.) Is an amend. of the substitute as a modification of his own
ment in order? 1 wish to move an indefinite post. proposition.
ponement.                                    Mr. MCHENRY accepted this modification.
The PRESIDENT. A motion to postpone inde-  Mr. CRISFIELD now   offered the following
finitely is not in order at this time. The proposi- amendment, of which he had yesterday given
tion is to fix a day certain for the consideration notice:
of the question.                             trike out after the word "dollajs," in the tenth
Mr. SAPPINGTON addressed the Chair.      life, to the word "the," in the thirteenth line,
The PRESIDENT now stated that the pending and insert:
question was not debateable, and the Chair would  "Nor shall the legislature hereafter create any
not entertain discussion.                  debt, or pledge the credit of the State, except for




443
the purpose of education, as hereinafter may be Somerset, (Mr. Crisfield.) If there ever was an
provided, to or for the use of any association or accumulation in the treasury, (a matter problecorporation, or for or on account of any work of matical in his opinion,) arising from the revenues
internal improvement, but after the payment of received from our works of internal improvethe public debt as provided by law, the revenue ment, he did not desire to see them appropriated
which may accrue from the State's investments to works hereafter to be made. If there was
in works of internal improvement, may be appro- one single question upon which the judgment of
priated to the improvement of existing, and the the people had been passed, it was that the Leconstruction of additional works,"         gislature of the State was never again to be perMr. C. said, he had yesterday given notice of mitted to contract another debt for any such purhis intention to offer this amendment, and he pose. If there was one reform which they had
now offered it, because, as the matter now stood, demanded, it was this: He warned the Convenit appeared to him, that the legislature would be tion to take heed what it did with this proposiprecluded from giving any aid to the improve- tion, introduced as it was for the purpose of dement of the internal condition of the State, and feating the action which had yesterday been defrom assisting the development of her resources. liberately taken.
He wished it to be distinctly understood, that  Mr. CRISFIELD said he could not conceive by
no gentleman was more opposed than he was, to what process the gentleman from Calvert, (Mr.
incraasing the public debt. He saw no necessi- Sellers,) could arrive at the conclusion just anty for it. No new debt, in his opinion,ought to nounced, that this was a project for the creation
be contracted; except some great emergency, as of additional debt. The amendment declared, in
the public defence for instance. should require the most distinct terms, that no debt should be
it, and it was not likely that such an emergency created for internal improvement, or for the use
would arise.                               of any association or corporation, except for the
But he thought the ordinary revenue of the purposes ofeducation. Thepurpose of the amendState, derived from that system of indirect taxa- ment was, and its effect will be, to prevent the
tion now in force, and which must for reasons creation of new debts; and. he really was surother than financial, be maintained, with that prised to hear a different object and effect atderived from  our investments, other than for tributed to it. But while he desired to prevent
works of internal improvements, was quite suffi- the increase of debt, he did not desire that those
cient for the ordinary expenses of the government portions of the State, which had not yet received
and should be so applied. He could see no good any direct benefit from the vast sums which had
reason why the revenue to be derived from the been expended on works of internal improveState's investments in works of internal improve- ment, should forever be precluded from enjoying
ments, after the payment of the public debt, any of the fruits of those expenditures. If these
should not be applied to the improvement of the works fulfil the promises of their projector,
works already constructed, and to the construe- large revenues will come into the treasury from
tion of new ones where the public interest may that source; and he would ask what is to be done
require.                                   with the money after the payment of the public
Improvements were greatly needed in his debt? It will notbe required, and ought not to
own section of the State. His constituents had be used, for the ordinary expenses of the governbeen severely taxed on account of the works al- ment. Must it lie idly in the treasury? Was it
ready constructed, and had secured no direct to remain as a fund on which politicians might
benefit from them; and more than one half of speculate? He hoped not. There had been
the State was in the same condition. He was quite enough of folly and extravagance, to say
not willing to preclude his constituents from all nothing of corruption, already in the managehope of advantage from their large expenditures, ment of our affairs. Let us, as far as possible, reby withholding from the legislature all power of move all temptation out of the way of those who
appropriation for this object. He hoped that at may hereafter be called to administer them.
sometime, far distant though it might be, his  The improvement of the social condition of
people would be compensated, at least in part, the people, and the development of the numerfor their contributions, by having the navigation ous sources of wealth which abound in every
of their rivers improved, their swamps drained, quarter of the State, are objects worthy the paand the facilities of inter-communication in- tronage of the State, and next after the educacreased.                                   tion of her people, should claim the attention of
But, he added, he did not intend to inflict a the government.  Here were purposes highly
speech on the Convention; the general subject, useful and beneficial, and quite sufficient to abhe thought, had been sufficiently discussed, and sorb all the revenue which will be received from
he would trouble the Convention no further than the source referred to; and he hoped the Legisto ask that his amendment might be read before lature would not be prohibited from devoting it
the vote was taken,                        to them. And this amendment too. he would
The amendment having been recorded,      add, addressed itself quite as strongly to the jusMr. SOLLERS remarked that he had but a word tice of the government as to that wise and liberal
to say. He understood that the sense of the policy which should actuate it. As already reConvention had been expressed yesterday dis- marked, a large part of the State, without any
tinctly and emphatically upon this proposition. direct advantage to itself hitherto received, has
He could not imagine any thing more dangerous contributed equally with therest to pay for these
than this very ameindment of the gentleman from  works, and it would be exceedingly unjust if it




444
should be forever prohibited from receiving back, of Maryland, it would produce feelings of disin the shape of similar works, to be made for its satisfaction and discontent, not to be quelled by
convenience and benefit, some remuneration for the eloquence of gentlemen here, or by their
its large outlays.  He hoped his amendment high-sounding appeals to the patriotism of the
would be adopted.                          people beyond these walls. Their confidence in
Mr. BLAKISTONE said, he should vote against those to whom they had entrusted their interests
the proposition of the gentleman from Somerset, and their destinies, would be irrecoverably lost.
(Mr. Crisfield,) and he, (Mr. B.,) woul!briefly And if it were not for the intense vigilance and
assign hi3 reasons for so doing. Ever since the jealousy with which the people, guarded the
first appropriation had been made for works of honor of the State, and for the love which,
internal improvement, the promise had been held as her own children, they bore her, they would
out to the people, that when those works should almost feel justified in declaring that they would
have been completed, they would confer im- not pay at all. But he would not go so far as to
meuse benefits upon the whole people-that every say that they would do that. For however badly
portion of the Slate was to be ornamented with this Convention might behave, he did not believe
school-houses-and that there would be money that the people could be induced to follow their
enough to defray the expenses of the govern- example. [Laughter.]
ment, and all local expenses, without the neces-  Mr. B. then read his amendment, (which will
sity of sendinig the tax-gatherer round to collect be found in a later portion of the day's proceedthe taxes  If the proposition of the gentleman ings.)
from Somerset should be defeated, it was his,  Mr. CRISFIELD. The gentleman fromSt.' Ma(Mr. B.'s,) intention to offer an amendment to ry's, (Mr. Blakistone,) complains that the adopcarry out in good faith this expectation. So far tion of my proposition would be a violation of
as his section of the State was concerned, there the public faith —that the proceeds to be derived
wsas no need for internal improvements. They from these public works are pledged for purpowere blessed with canals, natural canals, rivers ses of education. Will the gentleman tell me
and streams sufficient for all their purposes. what portion of these revenues are pledged, and
They had a direct communication with Balti- whether he, himself, in the amendment he indimore-they had a direct communication with the cates, does not propose to establish a new rule of
District. They wanted no roads and canals, and distribution which sets at naught the very pledge
the only benefit, if any, which they were to re- to which, 1 suppose, he has refe ence?
ceive from the works now constructed, would be  Mr. BLAKISTONE. 1 allude to the tax law of
from the revenues they would yield after the pub- 1840. The last section of that act is in the follie debt should have been paid.            lowing words:
According to the proposition of the gentleman  Chapter 23, Session 1840 and 41.
from Somerset, (Mr. Crisfield,) the whole of  Section 64. And be it enacted, That it shall be
these revenues, contrary to the pledge of the the duty of the treasurer of the Western and
State, might be diverted by the Legislature to Eastern Shores respectively, to keep an accurate
purposes which might be in conflict with the in- account of the moneys that are paid into the
terests of certain portions of the people. His, treasury by the city of Baltimore, Howard dis(Mr. B's,) plan was, that after the debt was trict, and the several counties in this State, unpaid, the stock of these internal improvement der the provisions of this bill; and the said city,
companies, so far as pledged at the time of the district and counties respectively, be authorised,
appropriation, should be given to the counties in through their corporate authorities, levy courts
proportion to the sums they might have paid into or commissioners respectively, to commute the
the State treasury for the redemption of the sums of money so paid by them intothe treasury,
State debt.                                into so much of the State's stock in the ChesaHis second proposition was, that after the peake and Ohio canal company, as may equal the
State debt should have been paid off, or if the amounts respectively paid by them, whenever the
sinking fund should be sufficient to meet the debt said canal company shall be able to pay six per
as it became redeemable, it should be the duty of cent. upon the said stock, and the treasurer of
the Legislature to appropriate the surplus reve- the Western Shore is hereby directed to cause
nnes among the several counties and the city of the necessary transfers of stock to be made to the
Baltimore equally, having a just regard to the said city, district, or counties respectively, and
amount paid into the treasury by each, and ta- they shall be considered stockholders in said canal
king into consideration the advantages and dis- company, and thereafter be entitled to receive
advantages resulting to each from the works of the dividends that may accrue on the amounts of
internal improvement, after deducting so much stock so held by them respectively.
as might be required to meet the current expert-  Now, (remarked Mr. B.,) I want to carry this
ses of the State and to provide for any sudden law fully out, and not to authorise the Legislaexigency that might arise. This, he thought, ture to divert these funds to any purpose what.
would carry out the good faith of the State ot soever.
the people in every portion of it.           The question was stated to be on the substitute
If a provision should be engrafted on the or- of Mr. CaISFIELD.
ganic law, giving power to the Legislature to  Mr DORsEY said, he was in favor of striking
appropriate to purposes of internal improvement, out the amendment of the gentleman from Flarin any section of the State, a fund which had ford, (Mr. McHenry,) as now amended, because,
been pledged for the specific use of the people however much he, (Mr. D.,) might have been




445
disposed to sustain it in the first instance, he the gentleman had indicated. He should not,
could not possibly vote for it in the modified form  however, discuss it. He held that his amendit had now assumed. If he understood the lan- ment looked to the payment of the public debt,
guage of the amendment, the effect of it would and allowed the Legislature to appropriate money
be that if there should be half a dozen persons in any way, either by the creation of a sinkingholding the stock of the State of Maryland, due fund or by any other process, looking to the exin the year 1890, and who refused, before that tirguishment of the debt. But it restricted the
time, to sell out to the agent of the State, who Legislature from appropriating the revenues for
had charge of the sinking fund, not one dollar of any other purpose.
the half million of money which we might be re-  Inasmuch, however, as there was a diversity of
ceiving annually for twenty or twenty-five years, opinion on the subject, he would, in order to recould be appropriated or used for any purpose, lieve the question from all embarrassment offer a
untilthis handful of obstinate stock-holders should modification of his proposition which would disbe paid. It seemed to him that the Convention pose of the objection, and which his friend from
should not adopt any such constitutional provi- Harford had agreed to accept.
sion. It might have the effect of placing beyond the  As regarded the substitute of his friend
control of the Legislature, some ten or fifteen from  Somerset, (Mr. Crisfield,) he, (Mr. S.)
millions of dollars, which they could not touch. was opposed to it for several reasons. In the
Although the State might have money enough first place, it invited the State to engage in these
before the years'63 or 4, to pay off every dollar of works of internal improvement; and he, (Mr. S.,)
debt which she owed, and was willing to pay it, was not willing to put into the hands of the Leyet from that time to the year 1890, the money gislature any power of that character. In the
must remain in the treasury idle and useless, second place, he was opposed to it; inasmuch as
and could not be appropriated to any purpose the Legislature would possess the discretion, unwhatsoever If there was any meaning in language, der the amendment as it now stood, to approprithis was the meaning of the amendment. He ate money for public schools.
must, therefore, vote against it.  Gentlemen  Mr. McHENRY moved to amend the amendwould perceive, that it placed the subject in a ment by adding at the end thereof, the following:
very different point of view from that in which  "Or the sinking fund shall be equal to the
it stood under the amendment of the gentleman amount of the outstanding debt."
from Harfortu, (Mi. McHenry.) It would be un-  The amendment was agreed to.
reasonable thus to tie up the hands of the Legis.  The question then recurred on the adoption of
lature.                                    the substitute of Mr. CRISFIELD.
Ile, (Mr. D.,) was in favor of the substitute of  Mr. BROwN asked the yeas and nays, which
the gentleman from Somerset, (Mr. Crisfield.) were ordered, and being taken, resulted as folAs he, (Mr. D.,) understood that proposition, lows:
the money, after the payment of the debt, might        -Messrs. Ricaud, Lee, Chbers
be appropriated, and he could readily suppose a of Kent Mitchell, Donaldson, Dorsey, Wells,
case, where such an appropriation might be re- dall,  ent, Seman, Crisfield, Sprgg, M
quisite and proper. He instanced the case of the Cubbin and Davis-14
Cubbin, and Davis —14.
opening of the channel of a river, &c.                                    e      Blakis
He thought that the Convention was disposede                     Weems, Dalryple,
to show, by its action, an entire want of confi- tone,  llers, enifeell,  Welem, DRidgely,
dence in the Legislature, to regard them as pos- Lloyd, Solers, D iell, eHick, elHod, Ridgel
sessed neither of intelligence, patriotism, nor borough, Eccleston, Chambers of Cecil, Mculhonesty, and to leave them the power to do noth- bough, MElerst, oo,  aowling, Spence, Grsonl
ing, either for good or for evil.          lough, Miller, Bowie, Bowling. Spencer, Grason,
that the discussion on George, McMaster, Fooks, Thomas, Shriver,
Mr. BROwN remarked thGaither, Annan, Sappington, Stephenson, Mcthis question had, in his judgment, lasted long Henry, Magraw, Thawley, Hardcastle, Gwinn,
enough. And he gave notice that hereafter, on Sherwood of Baltimore city, Presstman, Ware,
all occasions, when he thought the discussion had Schley, Fiery, Neill, John Newcomer, Michael
been ample, he should test the sense of the Con- Newyomer,,  ebe, e Hollyday, Slicer, Parke,
vention, as he now did, on the demand for the New, ockey, and Brown-55, S      
previous question.                     tG   Ege, Cockey, and Brown-55.,.
previous question "will te C  n              So the substitute was rejected.
The question  will the Convention second the  The question then recurred on the adoption of
demnand for the previous question, was then the amendment as amended, and it was decided
taken, and decided in the negative.        in the affirmative.
So there was not a second.
The question then recurred on the amendment  So the amendment as amended, was adopted.
as amended.                                  The question then recurred on the amendment
Mr. SPENCER said, that however great his re- of Mr. GEORGE, as the twenty-first section of the
spect might be for the ability of the distinguished report, as amended, and was decided in the afgentleman from Anne Arundel, (Mr. Dorsey,) firmative.
who had made the criticism on his, (Mr S.'s,)  So the amendment of Mr. GEORGE, a amendamendment, as accepted by the gentleman from  ed, was adopted.
Harford, he could not subscribe to the correct-  Mr. BLAKISTONE then moved to amend said reness of that gentleman's construction. He, (Mr. port by inserting as an additional section, the folS.) held that it embodied no such proposition as lowing:




446
"That it shall be the duty of the Legislature  nal improvement companies, equal to the amount
so soon as the public debt shall have been fully respectively paid by each towards the erection
paid off; to cause to be transferred to the several and completion of said works, at the then market
counties and city of Baltimore, stock in the inter- value of said stock."
nal improvement companies, equal to the amount  And the result was as follows:
respectively paid by each towards the erection.ffirmative-Messrs. Chapman, Pres't, Blakisand completion of said works, at the then market tone, Dent, Hopewell, Dorsey, Wells, Randall,
value of said stock. It shall further be the duty Kent, Weems, Dalrymple, Bond, Jenifer, Bell,
of the Legislature after the public debt shall have Welch, Ridgely, Colston, Dashiell, Hicks, Hodbeen fully paid off, or the sinking fund shall be son, Goldsborough, Eccleston, Chambers of
sufficient to redeem the same at maturity, to ap- Cecil, Miller, Bowie, McCuboin, Bowling, Mcpropriate such portions of the annual revenue of Master, Fools, Gaither, Annan, Stephenson,
the State stocks in the internal improvement Thawley, Presstman, John Newcomer, Michael
companies of this State, (after deducting so much, Newcomer, Weber and Slicer-37.
together with the other annual revenues of the  Jegative —Messrs. Ricaud, Lee, Chambers of
State as may be necessary to meet the current Kent, Donaldson, Lloyd, Crisfield, Sprigg,Spenexpenses, and any sudden exigencies that may cer, Grason, George, Thomas, Shriver, Biser,
arise;) equally among said counties and the city Sappington, McHenry, Hardcastle, Gwinn,
of Baltimore, having ajust regard to the several Ware, Schley, Fiery, Neill, Davis, Hollyday,
amounts paid by each into the State Treasury; Parke, Ege, Cockey and Brown —27.
and the advantages and disadvantages resulting  So the first branch of the amendment was
to each respectively from the construction of said adopted.
works of internal improvement. The said stocks  And the question recurred on the second
and revenue when paid over, to be under the di- branch of the amendment.
rection and control of the county authorities of  And the result was as follows:
the several counties, and the Mayor and City.ffirmative-Messrs. Chapman, Pres't, BlakisCouncil of Baltimore, respectively to be by them  tone, Dent, Hopewell, Chambers of Kent, Ranapplied to purposes of education, and such other dall, Kent, Weems, Dalrymple, Bond, Jenifer,
purposes as the said county and city authorities Colston, Dashiell, Hicks, Hodson, Goldsborough,
may deem proper."                           Eccleston, Bowie, Sprigg, McCubbin, Bowling,
The amendment having been read-           McMaster, Fooks, Stephenson, Thawley, HardMr. RIDGELY said, that it presented two pro- castle, John Newcomer, Michael Newcomer and
positions, and he called for a division..He desir- Davis-29.
ed also to ask the gentleman from  St. Mary's,  Negative —Messrs. Ricaud, Lee, Donaldson,
(Mr. Blakistone,) who had offered the amend- Dorsey, Wells, Bell, Welch, Ridgely, Lloyd,
ment, by what rule he determined the appropri- Crisfield, Chambers of Cecil, McCullough, Milations which the relative parts of the State should ler, Spencer, Grason, George, Thomas, Shrireceive, from the revenuesderived from the pub- ver, Gaither, Biser, Annan, Sappington, Mclic works?                                 Henry, Gwinn, Sherwood of Baltimore city,
Mr. BLAKISTONE said, he proposed to leave  Presstman, Ware, Schley, Fiery, Neill, Weber,
that matter, exclusively to the Legislature to be  Hollyday, Slicer, Parke, Ege, Cockey and
decided, he presumed, by a sort of compromise, Brown-37.
or conciliation from one part of the State to-  So the second and last branch of the amendwards another, like the Constitution which ment was rejected.
this Convention might adopt. He presumed that
Baltimore would receive more than other partsIMPRISONEN            FOR DEBT.
of the State, because she had paid more. So   Mr. PRESSTMAN. In the early part of the seswith the large counties. He thought, however, sion, I was instructed by the committee on the
that St. Mary's ought to receive a little more in legislative department, to report certain proviproportion, because she had derived no benefit sions, as additional articles to the report now unm
from the construction of the works.         der consideration. It is rather remarkable that
Mr. SPENCER. I have risen merely to indicate every one of these provisions, with one excepthe vote I shall, give. I shall vote against the tion, has already been adopted. The article
proposition. A]id I shall vote against all kinds which concerned the abolition of the relation of
of prospective legislation.                 master and slave as it now exists in this State,
Mr. DENT demanded the previous question.  was taken possession of by the gentleman from
There was a second,                      Charles, (Mr. Jenifer.) I have no desire to reAnd the main question was ordered, (being on claim it under the fugitive slave law. [Laughthe amendment of Mr. Blakistone.)          ter.] All I have to say, is, that I am glad it has
Mr. WEEMS asked the yeas and nays,       been adopted.
Which were ordered.                         The next article directed the legislature at its
And the question was then taken on the first first session after the adoption of the Constitution,
branch of the amendment in the words fowllo- to appoint a commissioner to revise, digest and
ing:                                        arrange the statute laws of the State, civil and
" That it shall be the duty of the legislature so criminal, and a commissioner to revise, simplify
soon as the public debt shall have been fully paid and abridge the rules and practice, pleadings,
off, to cause to be transferred to the several coun- forms and proceedings of the courts of record of
ties and the city of Baltimore, stock in the inter- this State.




447
This was taken possession of by my colleague, to accord to his friend from Baltimore city, (Mr.
I am happy that he had the opportunity of doing Presstman,) the credit of having first offered this
so. It was also adopted.                    provision of the Constitution, and coming, as it
The next provision gave power to the legisla- did, from that portion of the State which had
ture to protect by law from forced sale, a certain  been supposed to be rather unfriendly to the inportion of the property of all heads of families. stitution of slavery, he, ('VIr. B.) hailed it, at the
This principle was adopted on the suggestion of time, as a harbinger of peace and security to the
the gentleman from Baltimore county,although I, people of this State on a subject of the deepest
myself, changed my mind and voted against it.  and most vital importance to them. When his
The only remaining proposition is in these friend, the gentleman from Charles, (Mr. Jeniwords:                                      fer,) moved to take up the report of the commit" No person shall be imprisoned for debt."  tee on that subject, of which he was chairman,
I should be glad if I had been saved the trouble and asked the Convention to proceed at once to a
of offering this provision also. Itbecomes my consideration of it; he, (Mr. B.,) prefering infiduty, however, (no member of the Convention nitely the proposition of the gentleman from Balhaving been kind enough to come to my relief,) timore city, to the report of the committee, was
to ask the attention of the Convention to it. As anxiously expecting that gentleman to move it
we all know, it involves a very important princi- as a substitute for the report of the committee;
pie; still I do not believe that there is any neces- but the gentleman from Baltimore city did not
sity for a protracted discussion upon it. I am  do so, and the Convention were about to adopt
sure, that gentlemen, whether in favor of the ab- the article as it was reported from the commitolition of imprisonment for debt, or opposed to tee. At this stage of the proceedings, he, (Mr.
it, will scarcely be influenced by any discussion  B.,) availed himself of the opportunity of adopthere.                                       ing the proposition of his friend from Baltimore
They have formed their opinions deliberately. city, (Mr. Presstman,) and moved it as a substiIt is not probable that debate will change them. tute for the report. It was subsequently acceptI am satisfied that a majority of the members of ed by the committee and adopted by a unanimous;
this body, are fatigued with the long and almost vote of the Convention. This, said Mr. B., was'
uninterrupted discussion which has taken place; the history of the matter, and he was quite wiland that they will not desire to extend it, at all ling that the gentleman from Baltimore city, (Mr..
events, on a subject which is so well understood. Presstman,) should have all the credit of the:
I hope, therefore, that the proposition may be movement.
put to the vote. As the report emanates from  Mr. SCHLEY said, that, as the gentleman fronr
myself, I cannot call the previous question. It Baltimore city, (Mr. Presstman,) was appropriawould not be courteous in tre to do so. I can only ting to himself the credit of all these subject-matexpress the hope that the Convention will feel ters, it was right and proper that the " honors,,'
disposed to take the question up with as little de- which were about to be dealt out, should be fair
lay as possible.                            ly distributed.
The PRESIDENT then stated the question to be  Mr. S. then referred to the journals to show
on the adoption of the section, reported by Mr. that the first notice of a proposition relative to
PRESSTMAN, as an additional article to the re- the codification of the laws, was submitted by
port of the committee on the legislative depart- Mr. FIvRY.
ment.                                         In relation to the rights of married womenMr. JENIFER said he had no desire to steal the  Mr. PRESSTMAN, (interposing) There are no
thunder of his friend from Baltimore city upon married women in my report, sir. [Laughter.]
this question of master and slave, and it was to  Mr. SCHLEY, nodding a good-humored acquiprevent such proceeding by others that he, (Mr  escence, took his seat.
J.,) had the proposition returned to the commit-  The question then recurred on the adoption of
tee No. 14, and also, he, (Mr. J.,) as chairman the section abolishing imprisonment for debt.
of that committee, was prepared to report an ar-  Mr. DENT demanded the previous question.
tide on that subject, in which the committee was  There was a second,
unanimously agreed. Yet, to ensure a unani-   And the main question was ordered to be tamous vote in the House, it was agreed to adopt ken.
the proposition of the gentleman from Baltimore  The yeas and nays were demanded by a dozen
city, believing, that by so doing, no objection voices,
would come from that section of the State, which  And were ordered.
otherwise might be apprehended.               And the main question, [on the adoption of the
Mr. PRESSTMAN asked if his friend from Charles report,] was ordered,
believed him to be doubtful on this subject?  And having been taken, resulted as follows:
Mr. J. replied that his friend from  Baltimore  tfflrmnative -Messrs. Chapman, Pres't, Blakiscity was too sincere and honorable to be distrust- tone, Dent, Hopewell, Ricaud, Lee, Wells, Raned upon any question.                       dall, Sellman, Weems, Dalrymple, Bond, JeniMr. BowIE said that he disclaimed the credit fer, Bell, Welch, Ridgely, Lloyd, Colston, Dawhich his friend from  Charles, (Mr. Jenifer,) shiell, Hicks, Hodson, Goldsborough Eccleston,
had given to him in reference to that section of Chambers, of Cecil, McCullough, Miller, Bowie,
the Constitution which deprives the Legislature  Sprigg, McCubbin, Bowling, Spencer, Grason,
of the power to abolish the relation of master and George, Thomas, Shriver, Gaither, Biser, Anslave in this State. He was as perfectly willing nan, Sappington, Stephenson, McHenry, Thaw



448
ley, Gwinn, Sherwood, of Baltimore city, Presst- intimated to him that the city of Baltimore, is
man, Ware, Schley, Fiery, Neill, John Newcom- hereafter to have the control of the internal imer, Michael Newcomer, Davis, Kilgour, Weber, provements of the State. This he did not beHollyday, Slicer, Parke, Ege, Cockey and Brown lieve.
-60.                                         But, [said Mr. B.,] if she has contributed to.Njgative.-Messrs. Chambers, of Kent, Don- their erection, as it is claimed she has done, let
aldson, Dorsey, McMlister and Fooks-5.     her have the benefit of them to that extent. He
So the amendment of Mr. PRESSTMAN was was willing. All that he would ask is, that the
adopted as an additional article.          counties should receive their fairproportion. BalMr. BLAKISTONE. I believe we have now fin- timore should only have the proportion she pays
ished the legislative report. I move that the into the revenue. She does not contribute more
Convention proceed to the consideration of the than the counties do. He believed she only paid
executive report.                         in one-third of the whole amount. It had been
Mr. RIDGELY. I have another article to offer thrown out that if Baltimore gets the public
to the legislative report. I do not intend to in: works under her control, she will stop the canal.
vite discussion. I ask that the amendment may But she would have too great an interest in that
be read, and 1 call the previous question.  work, to permit her to do this, because she must
The amendment was read, as follows:      have some five or six millions before she could
" The Legislature, at the first session after the have the control. It would not be very wise in
adoption of this constitution, shall provide for her to stop the canal when she can make ten per
the substitution of salaries in place of the fees cent. on;her capital embarked in that work, if
and perquisites of office, now  payable to the the calculations of its projectors shall ever be reclerks and registers of the several courts of law, alised. She may perhaps apply to the Legislaequity and probate in this State, and for reducing ture for a cross-cut to Baltimore: and this might
and regulating the rates of fees, costs and legal be very wise in her, and she might apply her
charges in said courts."                   own means to its completion. He had no objecThere was a second to the demand for the pre- tion to this  He was a Marylander, and he would
vious question.                            be willing that Baltimore should have her share.
The main question was ordered,           He held in his hand a law of the Legislature
And having been taken, the amendment of Mr. known as the tax bill, which shows the existence
RIDGELY was agreed to.                     of a contract between the counties and the city.
Mr. SPENCER moved a re-consideration of the If Baltimore helps to pay the debt of the State,
vote takun this morning, adopting the first branch let her have the benefit of the these internal imof the amendment offered by Mr. BLAKISTONE, provements. The people have contributed liberas an additional section to the report.    ally towards these public works, and he diverted
Mr. SPENCER said, the amendment requires that the revenue from them should not be divided
that the internal improvement stock should to other purposes than those specified in the conbe disposed of in a certain way.  It takes tracts. Many seem to think that Baltimore will
the internal improvement companies, out of the have a controling interest over these works, but
hands of the State authorities, and places them  this he doubted. To talk of her shutting up the
under the control of the counties. Wherever canal even if she had the power, is to talk of that
the most stocks would be found, there the works which in the nature of things, is scarcely possible.
could be contracted. If there was adisposition on After she has contributed millions to this magnithepart of the Convention,to take the controlfrom  ficent work by a tax upon her people, the idea of
the State, let it be so understood. But he now  her closing the canal is too absurd to be believed.
made the motion to reconsider the vote, because  Mr. B. concluded by moving the previous
he desired to have the deliberate sense of the question.
Convention on the propriety of adopting the prin-  There was a second.
ciple of the amendment. He was certain it was  The main question was ordered to be now
not understood.                           taken, [being on the motion to reconsider.]
Mr. BLAK1STONE expressed his fear that the  Mr. BLAKISTONE asked the yeas and nays,
Convention was falling into the old track. / fter which were ordered, and being taken, resulted
a question has been adopted by a solemn vote, as follows:
and by an overwhelming majority, these motions.ffirmnative-Messrs. Ricaud, Lee, Chambers,
to reconsider on the part of those who stand in a of Kent, Mitchell, Donaldson, Jenifer, Lloyd,
minority, are the cause of immense and unprofita- Crisfield, Dashiell, Hicks, Goldsborough, Chamble delay. Last week a vote was taken by which bers, of Cecil, Miller, Sprigg, McCubbin, Bowa proposition made by the gentleman from Queen ling, Spencer, Grason, George. Thomas, ShriAnne's, [Mr George,] was adopted. He, [Mr. ver, Gaither, Biser, AnnanSappington, StephenB.,] concluded, as a matter of course, that that son, McHenry, Magraw, Hardcastle, Schley,
question was disposed of, when suddenly a mo- Fiery, Neill, Hollyday, Parke, Ege, Cockey and
tion was made to reconsider the subject. From  Brown-37.
that moment, we have gone backwards, and we.NJegative-Messrs. Chapman, President, Blakiare now precisely where we were eight days stone, Dent, Hopewell, Dorsey, Wells, Randall,
ago, and if we continue to go on in this way, the Kent, Sellman, Weems, Dalrymple, Bond, SolConvention will be found sitting here from June lers, Bell, Welch, Ridgely, Colston, Eccleston,
till January, and from January till June, and after Bowie, McMaster, Fooks, Thawley, Gwinn,
all no Constitution will be made. It had been Brent, of Baltimore city, Sherwood, of Baltimore




449
city, Presstman,Ware, John Newcomer, Michael Charles, [Mr. Merrick,] not now present, had
Ner comer, Davis, Weber and Slicer-3'2.    examined this subject, and had aiven us, on a
So the vote was reconsidered.            former occasion, the evidence of his investigaThe question then recurred on the amendment tions. We ought to wait and receive more full
of Mr. BLAKISTONE.                         information, and he therefore urged a postponeMr. JENIFER said:ment of the subject.
The amendment had better lie over, that it  Mr.THO      said he hoped the question would
might be printed, and that the members might bepostponed. There are other pledges. of this
have an opportunity to examine it. He had voted internal improvement fund, than that which had
for it, but he had strong doubts about it.  He been referred to by the gentlensan from  St.
movedl it lie over until to-morrow         Marys. He adverted to the joint resolution conIf the question was taken now, he must vote cerling the two million of loan to the Chesapeake
against it.                                and Ohio canal company, in which he said there
Mr. WEEMS moved to postpone its considera- was a rule laid down for the distribution of the
tion until Wednesday next.                 revenue from that source, different from the rule
Some conversation followed, and several sug- now proposed. He referred also to the imporgestions were made, that the matter should tantquestion which had arose between Washngagain come up to-morrow. t  o scn      t    i      htton county and the Baltimore and Ohio railroad
Some c,unversation followed, and several sug- company. Ithad been agreed that a large sum
ge tions were made that the matter should aain was to be given to Washington county, in case
come upt to-mterrow.u                again the railroad did not pass through it. I he case
Mr. WEoEM  said,       he rust necessarily be ab- instituted to recover that sum, went to the court
sent to-morrow, and he hoped, therefore, that of appeals. The cou  decided that the Legisthe Convention would either act on the questionlature d nt the ow o  a   a contract o
to-day, or postpone it until next Wednesday, by this kind with the counties.
which time, he would be here.'He desired to  Mr CHAMBERS explained that the court had
record his vote upon it.                   decided that that was not a. contract of binding
Mr. WEEd S said:                         force; not that the parties had not power to make
That he had the honor of a seat in the legisla-  Mr. THOMAS said he wa not now going to
ture when the tax law was passed. He claimed argue the question. He thought the effect of
to be the author of the sixty-fourth section of th, making this transfer, ought to be well considered
law as it now stood. He offered this section as an before going into it. There was an antagonism
amendinen tothe original bill and it was ac- of interestsgrowing up out of our system of in.
cepted by Mr. Bowle, chairman of the commit- ternal improvements, which ought to be weighed
tee of ways and means, by whom the bill was re- before a provision was inserted in the organic
ported. It was his, [Mr. W's.,] deliberate opinion law on the subject. A constitutional provision
that the bill would not have become a law at that cannot be changed, and the parties, even if dissession, had not this section been adopted.  he osd, might thus be debarred from  making a
people.expected that the faith of the State, as compromise, which the law and the joint resolupledged by that law, would be redeemed. He was tion he had referred to would not forbid.
in favor of carrying out te provisions of the law.   THOMAS then  oved to popone the conMr. TwoMeds the n moved to postpone   the conHere Mr. W. read the sixty-fourlh section, sideration of the motion to Wedneday week.
and stated, in conclusion, that ha agreed in all  Mr WEEis assented.
which had fallen from the gent eman from  St  Mr. BL  ST     designated Monday week.
Mary's, (Mr. Blakistone,) as to the propriety of  Mr. THoMAssaid that daywould beacceptacarrying out the provisions of the law faithfully. ble to him.
Mr. CHAMBERS said, the practice which had, ofthe                             ill and
late become prevalent, was likely to lead to dif- amen ents shu  the interval, bte printed
ficulies. A gentleman rose, presented a propo-h    the te e 
sition, assigned all the reasons he could find toee              he s  esn as a
of his motion.
sustain it, and before he quit the floor, moved the  Some conversation followed.
previous quest ion. one  room for explanation orSome con versa tion followed.
previou  s question. No room for explanation or  Mr. JOHN NEWCOMER called for a division of
correction was allowed,
Now hl supposed many gentlemen had voted the question-first on postponement.
The consideration of the amendment was postentirely on the faith of what had fallen from his  The condea    e     dmentwas 
friend from St. Mary's, [Mr Blakistone.] He poned to Monday week;.
friend froh  St. Marlyas, a Mr Blakistonen] Hpes  The question recurring on the motion to print,
had, with his usual animation and earnestness,en and
urged the absolute and binding force of the law
of 184-, in regard to the mode of distribation.  Mr. LEE gave notice that, at the proper time,
His remarks would lead us to believe, what the he should offer the following as an additional seegentleman seems to sippose is the fact, that the tion to the report:
law of 1841, is the only, or at all events,the earli-  "Sec. 42. The General Assembly shall, at its
est one on this subject.                   second session after the adoption of this constituNo mistake could be greater. There were tion, provide by law against the sale of any real
other and earlier laws, pledging portions of these estate to satisfy any judgment or other lien in
funds, with equal solemnity. He did not mean cases where the yearly rents and profits, beyond
to go into the subject a large. A gentleman frqm  the payment of taxes, and the necessary repairs,
57




450
arel sufficient with'n the space of seven years, to voluntary imprisonment for debt, except where
satisfy or pay such ju Igrnent or other liens."  fraud was estab ihed; and in that case he did
Mr. CHAMBERS iclnewed the motion which he not think it wise to dispense with it. Having
gave on the seventh of February, that he sh.,uld, been denied the opportunity of assigninlg his reaon Monday week, move to reconsider the vote of son, previously to the vote, he had moved the retie ( onvention on the amendment offered by Mr. consideration to enable him to do so in the fewest
DORSEY, ard adopted by the Convention, as an words possible, and n w  ithirew his motion.
amendment to the t irty-third article.       The PRE;sDENT, pro tlen, (Mr. Spencer,) stated
On the day on which the bill should be taken that all this debate had been out of order.
lp, Mr. C. said, he proposed to press the ques-  Some conversation followed.
tion.                                        Mr. BowIE, (for the purpose of making an exMr. CRISFIELD said, he rose to give notice of planation,) moved that the Convention reconsider
his intention to move a reconsideration of the the vote on the motion postponing the contideravote just taken, to abolish imprisonment for tion of the legislative report.
debt, with the view of amending and perfect-  Mr. BowEl thought there was no occasion for
ing that measure. Imprisonment for debt in this a reconsideration ot the vo e just takenion the
Siate was already nearly nominal, anid rarely abolishment of imprisonnent for debt.  He
existed practically, ex ept with the consent of could not see the necessity for any amendmnent.
the eebtor, or in cases of frauds; but if the peo- He rejoiced that such a provision had been enple desired to abolish it entirely, he wps willing. grafted in the Constitution, and he hoped the
He wishtd, however, to throw such guards about friends of the measure would not place it in jeothe abolition, as were necessary, to prevent pardy by consenting to a re-consideration. It is
frauds, and secure the honest appropriation of said that the provision is toogeneral in its terms,
all the debtors property for the payment of his and that sone limitations might be inserted which
creditors. With that view he should move a re- would provide against the perpetration of fraud
consideration at the proper time. His purpose by dishonest debtors; but he thought, that such
was not to defeat the abolition f imprisonment limitations would be altogether out of place, if
for debt; but in relieving dtbtors he wished the inserted in the Coi stitution. Such was not the
rights of creditors to be protected.       case in those States where imprisonment for debt
Mr. PRESSTaIAN said. that when the propo- had been abolished. Thegeneral principle alone
sition for the abolition of imprisonment for iebt was inserted in their Constitution.'I he Constituwas originally initroduced by him from the legis- tion ought not to be encumbered with such matters
lutive committee. he did not suppose that if the of detail as was contempi ted by the motion of the
principle was recognized, it would, in any man- gentleman from Somerset, (Mr. Crisfield.) It
ner, pievent any gentleman from proposing ad- was competent,jat all times, for the Legislture
ditional sections, looking to the punishment of to provide by law for the punishment of frauds.
frauds in the subject matter of the contract, or They are as fully'competent to perform this task,
in providing any change or alteration in the pre- as the Convention would be, anrd he thought it
sent system of insolvency, to meet the altered much more proper that they should do it. Let
state of things, whereby the assets of insolvents the broad principle be inserted in the Constitumight be distributed. But why, sir, is there any tion, and we shall then have discharged ourduty;
necessity for the recot sideration of the naked and let us leave it to the Legislature to make all
principle which this Convention has adopted bs a necessary rules to guard against frauds He hoped,
vote,o decisive, as any abandonment of the therefore, that the provision would stand as it
position is hardly to be expected. The gentle- now is, and that no re-consideration of it would
man from Somerset, (Mr. Crisfield,) may now, prevail.
or at any time, propose to engraft upon the Con-  Mr. BOWIE then withdrew the motion.
stitution provisions controlling the whole subject,  Mr. JENIFER, by unanimous consent, made the
or requiring that the Legislature shall, at their following report from committee No. 14:
first session after the adoption of the new Consti-  Art. 1. No person holding an office or appointtation, enact such laws as will carry out his gene- ment under the Constitution or laws of this
ral design, which he, (Mr. P.,) understood iot to State, (mere members of the legal profe-sion not
be, in any degree, hostile to the general priici- being regarded as such office-holder,) no memple, except so far as to meet. case- of f' aud. It ber of the General As.sembly of Maryland, no
would be almost impossible in a Constitution, to person hold ing any office or appointmtnt theredefine specifically what should be deemed fraud. under, or under either brarnct thereof shall unThis was a wo,'k of detail and ought properly to der any promise or expectation of a fee, reward,
be left to the wisdom of the Legislature.  or compensatior  of any nature or kind, for so
Mr. CHAMBERS moved a reconsideration. He doing, advocate before the General Assembly or
had voted with the miniority, against adopting either branch thereof, or any meiber of the
tie provision in its present unqualified and un- same a claim of any other person, against the
conditi nal form. It might be very proper to S:ate; or with such legislative body, or any of its
adopt the principle of the provision, but it re- members, use advise recommeidation, or perquired guards and mod fications, which could suasion for the allowance or payment of any such
not be enacted by the I egislatuie under the claim, or the adoption of any legislative action
broad and sweeping terms of the article as now  for that purpose; and any persont herein e ffendadopted. In fact, there could not be said to ex- ing shall be guilty of a high misdemeanor, and
ist, at this time, in our State, such a thing as in- on conviction thereof, on indictment in a court




451
of law, shall be fined a sum not less than five h'm-i then a Governor shall be taken from each disdred dollars; and be imprisoned for at least six trict in r, gular succession.
months, aid shall thenceforth cease to hold the  Sec. 6. A person to be eligible to the office of
office or appointment of which he may be then Governor, must have attained the age of thirty
the incumbent.                              years, and been for ten years a citizen of the
Which was read.                           United States, and must have been for seven
THE EXECUTIVE DEPARTME14T.         years next preceding his election a resident of
the State, and for two years a resident of the
Mr. GRASON announced his readiness to pro- district from which he was elected.
ceed with the report of the committee on the  Sec. 7. In case of death or resignation of the
Executive Department of the Government.     Governor, or of his removal from the State, the
Some conversation followed as to the order of General Assembly it in session, or if not, at their
proceeding; after which                     next session, shall hy joint ballot elect some
The SEC RETARY proceeded to read the report of other qualified resident of the same d strict, to be
Mr. GRASON, Chairman of the Committee on the the Governor for the residue of the term for
Executive Department, and which was as fol- which said Governor had been elected.
lows:                                         Sec. 8 And in case of any vacancy in the ofSection 1. The Execu i;e power of the State fict of Governor during the recess of the Legisshall be vested in a Governor, whose term  of lature, the Presidentof the Senate shall discharge
offihe shall commence on the first Monday of the duties of said office till a Governor is elected
January next ensuing his election, and continue by the two Houses; and in case of the death or refor three years, or until his'successor shall have sigration of said President, or of his removal
qualified by taking the oath h rein prescribed.  from the State, or of his refsal to serve, then
Sec. 2.'I he persons qualified to vote for dele- the duties of said office shall, in like manner, and
gates to the General Assenbly, shall meet on the tor he same interval, devolve upon the Speaker
first Wednesday of October, in the year eighteen of the House of Delegates, and the Legislature
hundred and fifty-three, and on the same day and may prvide by lawfor the case of impeachment
month in every third year thereafter, at the or inability of the Governor, arid neclare what
places where they are entitled to vote for dele- person shall perform the executive duties during
gates, and elect a Governor; the election to be such impeachment or inability; and for any
held in the same manner as the election of dele- vacancy in said office, not herein proviled for,
gaies, and the returns thereof, under seal, to be provi-ion may be made by law, and if such vaaddressed to the Speaker of the [louse of Dele- cancy should occur without such provision being
gates, and enclosed and transmitted to the Secre- made, the Legislature shall be convened by tine
tary of State, by whom or by the Executive, they Secretary of State for the purpose of filling said
shall be delivered to the said speaker at the corn- vacancy.
mencemert of the session of the Legislature next  Sec. 9 The Governor before entering upon the
ensuing said electiontion.                  des of his office, shall take the following
Sec. 3 And the Speaker of theHouse of Dele- oath:
gates shall then open the said returns in the pre-  Sec 10. The Governor shall be commandersence of both houses, and the person having the in-chief of the land and naval forces of the State,
highest number of votes, and being constitution- and may call out the militia to repel invasions
ally eligible, shall be the Governor, and shall suppres insurrections, and enforce the execition
qualify in the manner herein prescribed, on the of the laws; but shall not take the command in
first Monday of January next ensuing his elec- person without the consent of the Legislature.
tion, or as soon thereafter as may be practi-  Sec. 11. He shall take care that the laws be
cable.                                      faithfully executed.
Sec. 4. And if two or more persons should have  Sec. 12. He shall nominate, and by and with
the highest and an equal number of votes, then the advice and consent of the Senate, appoint all
one or themn shall be chosen as Governor by the civil and military officers of the State whose apjoint ballot of tbe Senate and House of Dele- pointment or election is not otherwise herein progates; and all questions in relation to the legality vided for.
and number of votes given in the election of  Sec. 13 And in case of any vacancy during the
Governor, and in relation to the returns of said recess of the Senate in any office which the Goelection, shall be determined by the House of vernor has power to fill, he shall appoint some
Delegates.                                   suitable person to fill said office, whose cornmisSec. 5 The State shall be divided into three sion shall continue in force till the end of the
districts; the eight counties of the Eastern Shore next session of the Legislature, or until some
to be the first; Baltimore, Harford, Carroll, other person is appointed to the same office; and
Frederick, Washington and Allegany counties, the nominati -n of the person thus appointed durthe second; and' St. Mary's, Charles, Calvqrt, ing the recess, or of some other pers,,n in his
Prince George's, Anne Arundel and Montgomery place shall be made to the Senate within thirty
counties, and the city of Baltimore, the third; days after the next meeting of the Legislature.
and the Governor elected from the second dis-  Sec. 14. And no person, after being rejected by
trict in October last, shall continue in office dur- the Senate, shall be again nominated for the
ing the term for which he was ejected; his sut- same office at the same session, unless at the recessor shall be chosen from the third district; and quest of the Senate; nor bhall he be appointed to




4X52
the same office during the recess of the Legisla- prescribed by law, or as may properly belong to
ture.                                       his office.
Sec. 15 All civil officers appointed by the Go-  Mir. SPRIGG offered a substitute for the report
vernor and Senate, shall be nominated to the of the gentleman from  Queen Anne's, (Mr.
Senate within fifteen days from the commence- Grason,) which substitute was read as follows:
ment of each regular session of the Legislature;  Sec. 1. The supreme executive power of this
and their term of office shall commence on the State shall be vested in a chief magistrate who
first Monday of May next ensuing their appoint- shall be styled the Governor of the State of Mament, and continue for one year, (unless they are ryland.
sooner removed from office,) or until their suc-  Sec. 2. The first election for Governor, in purcessors respectively, qualify according to law.  suance of this constitution. shall be held at the
Sec 16. The Governor may suspend oI arrest same time and places of electing electors of Preany military officer of the State, for disobedience sident and Vice President of the United Stales
of orders, or other military offence, and may re- in the year eighteen hundred and fifty-two, and
move him in pursuance of the sentence of a court at the same time and places in every fourth year
martial; and may suspend or remove alny civil thereafter; and every fiee white male citizen,
officer whose tenure of office is not placed be- possessing the legal qualifications of electors of
yond his control by some other provision of this this State, shall be entitled to vote for Governor.
Constitution.                                 Sec. 3. The returns of every election for GovSec. 17. The Governor may convene the Legis- ernor, until otherwise provided by law, shall be
~Sec. 17. The Governormade out, sealed up and transmitted to the seat
lature or the Senate alone, on extraordinary oc- ofgovernment, and directed to the Speaker of
casions; and whenever, from the presence of an  e f goverm en, ad dretes,  o shal, duri  the
enemy, or from any other cause, the seat of Go- theHouse of Delegates, who shall d uring the
vernment shall become an unsafe place for the first week of the next session of the Legislature
meeting of the L      egislature, he may pdirct their thereafter, open and publish them in the presence
sessions to the Legislature, soe o  ther convenient of both Houses of the Legi-lature; and the person
sessions to he held at some other convenient having the highest number of legal votes, and
place.                                      being constitutionally eligible, shall be declared
Sec. 18. He shall from timeto time, inform the by the Speaker, under the direction of the LegisLegislature of the condition of the State, and re- lature, to be Governor; but if two or more percommend to their considerationsuch measures as sons shall have the highest, and an equal number
he may judge necessary and expedient.       of votes, one of them shall be immediately choSec. 19. He shall have power to grant reprieves sen Governor by joint vote of both Houses of
and pardons, (except in cases of impeachment,) the Legislature. Contested elections for Governand to remit fines and forfeitures for offences or shall be determined by both Houses of the Leagainst the State; butshall in every case in which gislature.
he exercises this power, report to either branch  Sec. 4. The Governor shall hold his office for
of the Legislature, whenever required, the peti- the term of four years from the first Monday of
tions, recommendations and reasons, which in- January, eighteen hundred and fifty-three, aid
fluence his decision.                       for the same term, and from the same day, in
Sec. 20. For contingent expenditures, not pro- every fourth year thereafter, and until his sucvided for by law, he may draw from the treasury cessor shall be duly qualifit d
such urns of money as the public service mat  Sec. 5. No person who shall be hereafter electrequire, provided that the whole amount shall ed Governor of this State, in pursuance of the
not exceed       thousand dollars in any one provisions of this constitution, and shall act as
year; and he shall inform the Legislature, at the such, shall be again eligible until, and after the
commencement of each regular session, of the expiration of the next succeeding six years; he
amount of the sums so drawn, the purposes to shall be, at least thirty years of age, a native
which they were applied, and the names of the burn citizen of the United States, a citizen of this
persons to whom they were respectively paid.  State for ten consecutive years and an actual reSec. 21. And the Governor shall reside at the sident of the gubernatorial district from which
seat of governmen't, in order that he may con- he may be taken, three whole years next preceedstantly attend to the duties of his office, and shall ing his election.
receive for his services an apnual salary of four  Sec. 6. The first Governor elected under the
thousand dollars.                           provisions of this constitution, shall be taken
Sec. 22. The Secretary of State shall be ap- from the counties of Saint.Mary's, Charles, ('alpointed by the Governor, by and with the advice vert, Prince George, Arinn Arundel, (including
and consent of the Senate, and slall continue in the City of Annapolis,) Montgomery and the
office, unless sooner removed, till the end of the City of Baltimore; which said counties aid city,
term for which the Governor, appointing him, shall, together constitute and be known as the
was elected, or until his successor shall qualify, Fiist Gubernatorial District; at the second elecand shall receive such annual compensation as tion he shall be taken f om the counties of Cecil,
may be fixed by the Legislature.            Kent, Queen Anne, Caroline, Talbot, DorchesSec. 23. And he shall carefully keep and pre- ter, Somerset and Worcester, which said counserve a record of all official executive acts and ties shall, in like manner, together constitute and
proceedings, and'shall lay the same before either be known as the Second Gubernatorial District;
branch of the Legislature whenever required, and at thp third election he shall be taken from
and shall perform  such other duties as may be the counties of Baltimore, Harford, Carroll, Fred



453
erick, Washington and Allegany, which said also each case of reprieve, commutation and
nounties shall, in like manner, together consti- pardon granted for the same time, and he shall
tute, and be known, as the Third Gubernatorial state the name of the convict, the crime of which
District.                                  he was convicted, the sentence and its date, and
Sec. 7. He shall, at stated times, receive a the date of the commutation, suspension, pardon
compensation for his services, which shall not be or reprive.
increased or diminished duringithe term for which  Sec. 14. He shall have power to fill all vacanhe shall have been elected, which compensation ci'es in the civil offices of the government which
shall be      dollars per annum.            may occur during the recess of the Legislature;
Sec. 8. No person holding the office of Gov- and all such appointments, so made, shall be valid
ernor, shall hold any other office or commission  and remain good to the end of the first session of
civil or military, nor receive the perquisites, or the Legislature thereafter.
any part of the perquisites, of any other office.  Sec. 15. He shall nominate and by and with
Sec. 9. He shall be the Commander-iti-Chief of the advice and consent of the Senate, snail apthe army and navy of this State, and of the mili- point all officers of the State whose offices are,
tia, except when they may be called into the ser- or may be created by law, and whose appointvice of the United States; and shall, (by and ment shall not be otherwise provided for by the
with the advice and con-ent of the Senate,) ap- Constitution and form of government, or by any
point and commis-ion all the officers of the mill- law not inconsistent with the Constitution and
tia; and all commissions shall be in the name form of government.
and by the autho ity of the State of Maryland,  Sec. 16. He may remove any of the civil offibe sealed with the seal of the State, signed ny cers of the Government, of his appointment,
the Governor, and attested by the Secretary of upon satisfactory evidence of any malfeasance in
State; and the seal of the State heretofore used office, but shall report every such case to the Leas such, snail be the future seal of this State and gislature at the next session thereafter.
be kept by the Governor and used by him offici-  Sec. 17. He may call out the militia to repel
ally.                                      invasion, supp ess insurrection, and to enforce,
Sec. 10. He may by proclamation, should the if needs be, the execution of the laws.
public exigencies require it, convene the Legisla-  Sec. 18. Thereshall be acontingentfundof
ture at the seat of Government, or at a different dollars placed at the control of the Governor, to
place, should the seat of Government be at the be expended by him for such purposes only as
time visited by any infectious disease, or be in may appear to him necessary to the faithful disthe actual possession of a public enemy; and charge of his duties, and he shall report annualwhen assembled he shall, in writing, state to ly to the Legislature the amount expended, the
them the purposes for which they were assembled; object and purposes for which said amount so exbut they shall transact no legislative business pended, was incurred.
other than that for which they were so especially  Sec. 19. The Governor before he enters upon
assembled. He shall reside at the seat of Gov- the duties of his office shall, in the presence of
ernment, and the city of Annapolis shall continue both Houses of the legislature, take and subto be the seat of Government of this State.  scribe the following oath: I do solemnly swear
Sec. 11. He shall, from time to time, give to or affirm upon the Holy/ Evangily of Almighty
the Legislature information ir writing, of the God that I will support the Cnstitution and laws
state of the Government, and recommend to their of the State of Maryland, so help me God.
consideration such measures as he may deem ex-  Sec. 20. There shall also be a Lieutenant Govpedient.                                    ernor, who shall be chosen at every election for
Sec. 12. He shall take care that the laws be Governor, by the same persons, and in the same
faithfully executed.                       manner, and from the same gubernatorial disSec 13. He shall have power to grant nolle trict, who shall continue in office for the same
prosequies and, after conviction to grant re- time and possess the same qualifications. In votprieves, commutations and pardons, for all offen- ing for governor and lieutenant governor, the
ces, except treason and cases of impeachment, electors shall distinguish for whom they vote as
upon such conditions, restrictions, and limitations lieutenant governor. (The lieutenant governor
as he may think pioper, subject, nevertheless, to shall, by virtue of his office, be president of the
such regulations as rmay be provided by law rela- Senate, and shall, when the Senate is equally ditive to the manner of applying for padons; and, vided give the casting vote.) In case of the
under such rules as the legislature shall prescribe, death, resignation, removal from office, inabi ity
he shall have power to remit fines and forfeit- or refusal of the governor to serve, or of his imures. In cases of treason, he shall have power  peachment, or absence from the State, the lieuby and with the advice of the Senate, to grant tenant governor shall exercise the power and
reprieves avrd pardons; and he may, in the recess authority appertaining to the office of governor,
of the Senate. suspend the execution of the sen- until another be chosen at the periodical electence until the next meeting of the Legislature, tion, and be duly qualified, or until the governor
to which he shall report the case. and the Legis- impeached, absent or disabled, shall be acquitted,
lature shall either pardon or commute the ben- return, or disability be removed.
tence, direct the execution of the sentence, or  Sec. 21. Whenever the government shall be
grant a further reprieve.  He shall annually  administered by the lieutenant governor, or he
communicate to the Legislature the number of shall be enabled to attend,as President cf the - enolle prosequies granted during the year, and nate, the Senate shall elect one of their own




454
members as President for the time being; and if cy shall not be filled until the next meeting of
during the vacancy of the office of governor, the the Senate.
lieutenant governor shall die, resign, refuse to  Sec 25. A Treasurer and Comptroller of public
serve, or be removed from office, or be unable to accounts shall be elected by the joint ballot of
serve, or if he shall be impeached, or be absent both Houses of the Legislature at its January
from the State, the President of the Senate for session, eighteen hundred and fifty-three, and at
the time being, shall, in like manner, administer every (quarternian) session thereafter; and in
the government until he shall be superseded by case of a vacancy in either of said offices, during
a governor, or lieutenant governor. The lieuten- the recess of the Legislature, such vacancy shall
ant governor shall, whilst he acts as President of be filled by the Governor, which appointment
the Senate, receive for his services the compen- shall continue until the close of the next session
sation which shall be allowed to the Speaker of of the Legislature thereafter.
the House of trepresentatives and no more; and  Sec. 26. The Governor shall transact all exeduring the time he shall administer the govern- cutive business with the officers of Government,
ment as governor, he shall receive the same corn  civil and military, ai d may require infornati.n
pensation which the governor would have receiv- in writing from the officers of the executive deed for the same time. T he President of the Sen- partment upon any subject relating to the duties
ate for the time being, shall, in like manner, du- of their respective offict s.
ring the time he shall administer the government  Sec. 27, Whenever the Governor shall, with
receive the same coinpnsation which the gov- the consent of the Iegislature, be out of the State
ernor would have received. If the lieutenant in time of war, at the heal of any military force
governor shall be required to administer the gov- thereof, he shall, nevertheless, continue Comernment, and shall, whilst in such administra- mander-ii-Chief of the military force of the State.
tion, die, resign, or be absent from the State du-  The substitute h-ving been read,
ring the recess of the legislature, it shall be the  The question recui red on the original report of
duty of the Secretary of State to convene the Mr. GRASON, which was taken up by sections.
Senate for the purpose of choosing a President  And the first section was taken up as follows:
for the time being.                           Sec 1 The Executive power of the State
Sec. 22. There shall be an Attorney-General shall be vested in a Governor. whose terni of ofof the State, who shall be appointed by the Gov- fice shall commence on the first Monday of Januernor, by and with the advice and consent of the ary next ensuing his election, and continue for
Senate; and there shall be a Secretary of State, three years, or until his successor shall have
who shall also be appointed by the Governor, qualified by taking the oath herein prescribed.
by and with the advice and consent of the Sen-  Mr. 1)ORSEY mnoed to amend said report o' the
ate, both of whom shall continue in office during committee on the ixecutive Depaitmient, by interm of service of the Governor, by whom they serting after the word "Governor," in the second
shall be so appointed; subject nevertheless, to re- line, first section, the following g:
moval for cause, and the Secretary shall keep a  "To be chosen by an electoral college, consistfair register of all official acts, and proceedings ing of one elector from the city of Baltinore, and
of the Governor, and shall, whenever required, one from each of the several counties of the Staie,
lay the same and all papers, minutes and vuch- which election of Governor shall be by ballot,
ers relative thereto, b, fore the Legislature, or and the person receiving a majority of all the
either House theieof; and shall perform such electoral votes heieby authoristd to be given,
other duties as may be required of him by law. shall he declared duly elected; and the nuniber of
He shall receive as compensation for his servi- ballots or votes which each elector shall put into
ces. such sum per annum, as the Legislature may the ballot box, shall be as follows: The elector
by law allow; but which shall neither be increas- from the city of Baltimore, shall give six votes;
ed or diminished during the term for which he from Baltimore county, four votes, from Fredershall have been appointed.       i.k county, four votes; from Anne Arundel counSec. 23. The Governor shall, in no case what- ty three votes; from  Washington county, three
ever, have the power to remit any portion of the votes; from Al egany county, two votes; Somerprincipal or interest of any debt or debts which set county, two votes; Worcester county, two
may be due to this State, except in cases of fines votes; Prince George's county, two votes; Carandf forfeitures.                           roll county, two votes; Harford county, two
Sec. 24. Nominations to fill all vacancies that votes; Cecil county, two votes; Dorchester counmay occur during the recess of the Senate,'and ty, two vote.; Ci arles county, two votes; Monrtwhich the Governor has the power to make, gomery county, two votes; Queen Arne's county,
shall be made to the Senate at least twenty days one vote; St. Mary's county, one vote; Talbot
before the end of the next session thereafter; ai.d counity, one vote; Kent county, one vote; Caroshould any nomination so made, be rejected by line county, one vote; and Calvert county, one
the Senate, the same individual shall not again vote.
be nominated during the session, except at the  Mr. GRASON made a few remarks, (which will
request of the Seniate, to fill the same office; nor be published hereafter.)
be appointed to the same office during the recess  The question was stated to be on the amendof the Senate. And should the Governor fail to ment of Mr. DORSEY.
make nominations to hit any vacancy existing  Mr. CHAMBERS, of Kent, called for a division
during the session of the Senate, which vacancy of the question so as to allow a distinct vote to
may have occurred during its recess, such vacan- be taken as to the mode of electing the Gover



455
nor-whether it should be by the popular vote   Mr. SPENCER called for a division of the quesor by col ege.                               tion on striking out;
The division was ordered.                    Which waso, dered.
Mr. DORSEY said, he had on a former occasion  The yeas and nays were asked and ordered,
expressed his reasons for desiring a change in the and
mode of electing a Governor. He would not      Being taken, resulted as follows:
trespass on the time of the Convention by repeat-  firmatie-Mesrs. Chapman, Pre'st, Blakisilg tem..                  tone, Dent, Hopewell, Ricaud, Lee, Chambers
Mr D. then made a few remarks as to the in  of Kent  Mitchell, Donaldson, Dorsey, Wells,
crease of power which Baltimore would obtain Randal    ent, Weems, Dalrymple, Bord, Jesiafter tie next census.                       fer, Bell, Welch, Rigely, Crisfield, Dashiell,
Mr. MITCHELL said:                         Hicks, Hodson, Goldsborough, Eccleston, Bowie,
That as far as he understood the history of the Sprigg, McCubbii, Bowling, Spencer, Grason,
State, the counties of St Mary's and Kent were George, McMaster, FoPks. 1 homas, Gaither,
the original State. In consideration of this fact, Annan Sappington, Thawley,Hardcastle,Schley,
he would suggest as an act of generosity antd  iery, Neill, John Newcomer, Davis, Weber,
grape oi ihe part of the Convention, that each Hollyday, Slicer, Ege and Cockey-51.
of these counties should be allowed twenty votes.  Jegative-Messrs. Lloyd, Colston, Chambers,
[Laughter]                                   of Cecil McCullough. Miller, Shriver, Biser,
The qit.stion then recurred, and was taken on Stephenson, McHenl y Magraw, Gwinn, Brent of
the first branch of the amendment of Mr. DOR- Baltimore city, Sherwood, of Baltimore city,
SEY, in these words:                        PPressi man, Ware, Michael Newcomer, Parke
"To be chosen by an electoral college."    and Brown-18.
Mr. WARE asked the yeas and nays,            So the motion to strike out was agreed to.
Which were ordered,                          The question then recurred on the motion of
d being t,  r   a   Mr. GRASON to insert "four" years.
And being taken, resulted as follows:        Mr. EGE moved -two years.".ffirmative-VVlessrs. Chapman, Fres't, Cham-  The question was taken on the motion, to inbers of Kei t, Dorsey, Wells, Kent, Bond,Sprigg, sert "four" years, and
MlcCubbin anud Fooks-9.
The result was as follows:
Negative-Vlessrs. Blakistone, Dent, Hope-B
well, Ricaud, Lee, Mitchell, Donaldson,Randall,  AStlmativ ew-Messrs. Chapman, Pres't, BlakisSellman, Weems, Dalrytnple, Sollers, Jenifer, tone, Dent, Hopewell, Ricaud, Lee, Chambers
Bell, Welch, Ridgely, Lloyd, Colston, Dashiell, of Kent, Mitchell, Donaldson, Dorsey, Wells,
Hicks, Hodson, Goldsborough, Eccleston,Cham: Randall, Kent, Weems, Jenifer, Crisfield, DaBicks, Hodson, Goldsborough, EcclestonCharn," — hiell, Hicks, Hodson, Goldsborough, Eccleston,
bers of Cecil, McCullough, Miller, Bowie Bow:shiell Hicks, Hodson, Golsborough, Eccleston,
ling, Spencer,  Gra:on, George, McMaster, Bowie, Sprigg, McCubbin       Spencer, Grason,
Thomas. Shriver, Gaither, Biser, Annan, Sap- George, Melaster, Fookl, Thomas. Atnnae, Mcpington, Stephenson, M.lcHenry, Magraw, Thaw- "H y          Fiery  Ne,        Newcomer,
ley, Hardcastle, Gwinn, Brent of Baltimore city, Dav  H day and  licer-39.
Slerwold of Baltimore cty, Presstman, Ware, -    egative-Messrs. Dalrvmple, Bond, Bell,
Schley, Fiery, Neill, John Newcomrer, Michael Welch, R dgely, Lloyd, Colston, Chambers of
Newcomer, Weber, Hollyday, Slicer, Parke, Cecil, McCullough, Miller, Bowling, Shriver,
Ege, Cockey and Brown-60.                    Gaither, Biser, Sappingtonr, Stephenson, HardSo the first branch of the amendment of Mr. castle, Gwinn, Brent of Baltimore city, SierDoRnsE was rejected.                         wood of Baltimore city, Presstman, Ware, WebThe rest ol the proposition of Mr. DORsEY er, Parke, Ege, Cockey and Brown-27.
fell, the first branch having been rejected..  So the motion to insert "four" years, was
Some conversation followed in relation to the agreed to.
order of proceeding.:               And then the Convention adjourned until toMr. DORSEY moved an amendment, (as to the morrow at ten o'clock.
day of the election,) which amendment, he said,     -
had been made necessary by the action of the              DEFERRED DEBATES.
Convention in relation to the day of'the meeting
of the legislature. As originally reported, the Reinarks of JMir Constable, JMarch 4th, on the moe
bill was all right. The charge had been made  titn made by him to strike out a portion rf the
since.                                         amenedment of Mr. George. [See proceedings of
Mr. GRASON was not, he said, in the Conven-  March 5-]
tion when the time was fixed for the meeting of  Mr. CONSTABLE was understood to say, that,
the legislature.  He would prefer the second when the Convention, on Friday last, reconsiderWednesday in January.                        ed the section proposed by the gentleman from
Mr. DoRSEY accepted the modification.      Queen Anne's, (Mr. George,) he, (Mr. C.,) had
The amendment was agreed to                offered a substitute, with the understanding that
The question was then stated to be on the mo- the subject would he postponed to a future day,
tion of tvlr. GKASON to strike out three years, (as when he hoped to be abte to take some part in
tiue term of tie governor,) and insert four.  the discussion. In this, however, he was disapMr. JENIFER briefly sustained the motion.  pointed, as ill health still admoniohed him to ab



456
stain from mingling in debate. Without then at- contracting of one such debt-the borrowing at
tempting to open a discussion of the several one time of one hundred thousand would not eximportant propositions contained in his substitute haust the power, but only operate as a temporary
-for he did not even intend to propose them for suspension of it until the revenue raised by taxaconsideration at this time-he would endeavor tion, or derived from some other source, should
very brifly to state some of his objections to the discharge the debt. And why may not this be
first branch of the present amendment of the gen- done every year? Thus a succession of debts
tieman from Queen Anne's, and for which he within the amount specified, be contracted and
proposed to offer the first ot his propositions as a paid off during each year by a trifling tax, until
substitute. And he was gratified to find that millions had been borrowed and improvidently
there was now far less disagreement between the squandered. Any authority which might bring
views of that gentleman, as shown by the remod- about such a condition of thiugs, was not only to
eling this morning of his amendment, and those be deprecated, but was scarcely less objectionexpressed in his, [Mr. C's.,] substitute. Indeed, able than a power to borrow in any one year, a
the section as now amended by that gentleman, sum not exceeding one hundred thousand dollars,
was not only essentially different, but in one re- without the condition that a tax should be imspect, [and that quite important,] was a counter posed when the debt was contracted. In either
proposition. The whole of the second branch of case, the Legislature might exert the power with
the original, as submitted by that gentleman, and equal facility, and he feared to an improper exonce adopted by the Convention, was lft out tent. In boih cases the burdens on the people
of the section as amended by him this morning, who have to pay might be onerous, and as little
while the first branch of it was so modified as to relished as their present heavy taxes. The chief
render it imuch less obnoxious. In fact, the arti- difference consisting rather of the time when they
cle as now amended, approximated nearer to his, shouldbe taxed,than as to the amount-whether,
[Mr. C's.,] substitute than to the original of the immediately, the small sum necessary in each
gentleman fiom Queen Anne's. But there still year to re-emburse the principal and interest,
remained one point of difference between them, or a larger amount at a future and remote time.
and which he, [Mr. C,] regarded as of essential  Sucha consideration, Mr. C. said, was not, in
importance. The first uranch of the section, as his judgment, a sufficient restrainton this power.
now amended by the gentleman, proposed to lim- Wherever it exists, as in the counties, where the
it the power to contract debt by axing a maximum  amount borrowed is paid by taxes imposed durof one hundred thousand dollars, while the origi- ing the 3ear, it has never been regarded as an
nal conferred the power without such limitation; obstacle or check on the power to borrow and
both, however, required that a tax should be im- contract debt.
posed sufficient to pay the accruing annual inte-  Mr. C said, that he desired the most stringent
rest and discharge the principal in fifteen years. and effective limitation of this power-that nothNow, while he thanked the gentleman from   ing but the highest public exigencies should call
Queen Anne's f,r this concession, still it did not it into being. He would, therefore. move to
come up to what he, [Mr. C.,] considered as the strike out the first branch of the section as amendproper and necessary restriction of the power. ed by the gentleman from Queen Anne's, with a
For, said Mr. C., I regard the withholding from  view to substitute the following:
the Legislature of all power to contract debt ex-          s      h   n   r      r
cept in the emergencies of invasion or insurrec-  The Legisatue shall he o po  to cact
tion, as the only true and reliable safeguard He debts or borrow money, except to repel invasion or
also adverted to the fact that this branch of the insurrection.
amendment contained no specification of the objects  Mr. C. remarked, in conclusion, that the other
for which debts might be contracted, and remarked propositions of which he had given notice in his
that he did not know that he would object to the substitute, related to the general powers of taxapower to negotiate temporary loans, when neces- tion and appropriation for State purposes, to a
sary, to meet an unexpected deficit in the reve- proper enumeration of the purposes as well as the
uue, although he feared that this very facility for subjects of the fermer, and the appropriate limitasupplying such deficit might sometimes have a tioil of the latter. These he should not now pretendency to cause one. Such was the general sent or attempt to discuss, for the reason already
course with individuals, and the same might te indicated, but he would oiler them for consideraindicated in regard to States. But here the pow- tion when the subject again came before the
er is not confined by any declared purpose and Convention.
may consequently be exerted for any and every
object within the whole range of legislative action.
Not only was it objectionable in this respect,
but the professed limitation of the powerby at
maximum amount of any such debt, as that it shall
not, at any time, exceed one hundred thousand          SATURDAY, March 8th, 1851.
dollars, he regarded as delusive  A much larger  The Convention met at te o'clock.
authority lurks under the words of this grant, than
many may suppose. Any amount that the peo-   Prayer was made by the Rev. Mr. GRAUFF.
pie will endure to be taxed for may, in a series of  The roll was called, and the journal of yesteryears, be borrowed under this amendment. The day was read, and several corrections having




been made therein, not affecting any matters er- hundred and fifty-three, and on the same day and
roneously set forth in the Register, was agreed month in every third year thereafter, at the
to.                                         places where they are entitled to vote for deleMr. CRISFIELD presented a petition of Edward gates, and elect a Governor; the election to be
Burford, and sixty-two others, citizens of Somer- held in the same manner as the election of deleset county, to restrict the issuing of licenses to gates, and the returns thereof, under seal, to be
sell liquor, unless the same be approved by a addressed to the Speaker of the House of Delemajority of the voters of the election district, in gates, and enclosed and transmitted to the Secrewhich the license is to be used.            tary of State, by whom or by the Executive, they
Mr. RuDGELY presented the petition of seventy shall be delivered to the said Speaker atthe comcitizens of Baltimore county, praying constitu- mencement of the session of the legislature next
tional protection against the sale of spirituous ensuing said election.
liquor, without the assent of a majority of voters             subtiute or sad secton,
Mr. G. offered as a substitute for said section,
in the neighborhood, and                    the following:
Mr. WEBER presented a petition signed by one e ollowng:
hundred and seventy-two citizens of Allegany  Section 2. The first election for governor, uncounty of similar import;                   der this constitution, shall be held on the first
Which were severally read, and            Wednesday in November, in the year eighteen
Referred to the select committee already ap- hundred and           and on the same day
pointed on that subject.                    and month in every fourth year thereafter, at
the places of voting for delegates to the GenGOVERNOR'S TERM OF OFFICE.         eral Assembly, and every person, qualified to
Mr. BUCHANAN rose and said:               vote for delegates shall be qualified and entitled
He was detained fiom his seat in the Conven- to vote for governor; the election to be held in
tion on yesterday from indisposition,       the same manneras the election of delegates, and
He had been informed that; in his absence a the returns thereof, under seal, to be addressed to
vote of the Convention had been taken, establish- the Speaker ofthe House of Delegates, and ening quadrennial elections of Governor. To this, closed and transmitted to the Secretary of State,
Mr. B. said, he was altogether opposed, and if he and delivered to the said Speaker at the cornhad been present, would assuredly have voted mencement of the session of the legislature next
against the proposition.                    ensuing said election.
One of the great objects of the people, as he  Mr. G. said, that the substitute contained no
understood it, in demanding the convocation of new provisions, but it was merely made a little
the Convention, was that theterms'of servicesof more simple and clear. He hai left out the
public functionaries might be abridged rather time at which the first election for governor unthan enlarged. Mr. B. was in favor of the pre- der the new Constitution should take place, besent term  of three years. Mr. B. then gave cause the Convention was thin, and the quesnotice that at the proper time he would move a tion was one which he desired should be discussre consideration of the vote of yesterday, for the ed when there was a full attendance,
purpose of offering an amendment, providing for  Mr.DoNALDsoN suggested to the gentleman from
election of Governor every three years.     Queen Anne's, (Mr. Grason,) to leave blank the
The motion was entered on the journal.    day of election as well as the year.
Mr. GRAso N' assented.
CLERKS, REGISTERS, ETC.            Mr. GVWINN suggested that the month also
Mr. DAVIS gave notice of his intention to move should be left blank.
a reconsideration of the vote of yesterday, on the  Mr. GRSON again assented.
first section of the report of the committee on the  Mr. DORSET suggested that the amendments
Legislative Department, and adopted by the Con- and new section- inteid, d to be proposed by the
venltion, in relation to the fees and perquisites of gentleman from  Quenn Alne's, (Mr. Grason.)
office, now payable to the Clerks and Registers should be printed.
of the several courts of law and equity, &c.  This led to some conversation in which Messrs.
The motion was entered on the journal.    GRASON, BRENT, of Baltiniore city, JENIFER,
DORSEY, SPENCER and THOMAS, took part.
THE EXECUTIVE DEPARTMENT.                  I 
Mr. GinAsoN finally moved that the consideraThe Convention resumed the consideration of tion of said section, and substitute be informally
the unfinished business of yesterday, being the passed over.
report made by Mr GRASON, as chairman of the  Ordered accordingly.
committee on the executive department.''he third section of the report was read as folThe pending question was on the adoption of lows:
the first section of the said report.         Sec. 3. And the Speaker of the House of DelAfter a verbal amendment made,            egates shall then open the said returns in the
On motion of Mr. GRAsoN,                  presence of both IHouses, and the person having
The section was adopted.                  the highest number of votes, Tnd being constitulThe second section of the report was then read tionally eligible, shall be the Governor, and shall
as follows:                                 qualify in the manner herein prescribed, on the
Sec. 2. The persons qualified to vote for dele- first Monday of January next ensuing his elecgates to the General Assembly, shall meet on the tion, or as soon thereafter as may be practicafirst Wednesday of October, in the year eighteen ble.
58




458
Mr. DORSEY moved to amend said section by  Mr. BRENT, of Baltimore city, then moved to
striking out the words "Speaker of the House of amend said section by adding at the end thereof
Delegates," and substituting in lieu thereof "Pre- the following:
sident of the Senate."                       "And if the person receiving the highest numSome explanation as to the propriety of the her of votes should not be constitutionally eligiamendment, passed between Messrs. DORSEY   ble, then the Governor shall be choen by the
and'GRAsoN.                                joint ballot of the Senate and House of DeleThe question was then taken, and         gates. "
The vote stood ayes 31, noes 32.           Mr. G WINN offered as a substitute for said
So the amendment was rejectedamendment, to come in at the end of'said section,
So the amen    t.             the, following:
Mr. BRENT, of Baltimore city, moved to t,floi
r  BRENTof Baltimore city, moved to  "And in case that the person receiving the
amend the said third section in the first line, by hiAnd ln case thatthe person receiving the
striking out the words "the Speaker of the highest number of votes, shall not be constituHouse of Delegates," and inserting, "Secretary tionally eligible, it shall be the duty of the GovHu6of State for the time beinng."   "er y ernor for the time being, or in case of the vacanof State for te te b "         cy of the said office, for trie Speaker of the
Mr. B. briefly explained the amendment.   House of Delegates to issue writs for a new
Messrs. GRASON and SPENCER opposed it.   election."
Mr. BRENT, not desiring, he said, to excite de-  The substitute was sustained by Mr. GWINN,
bate, and feeling no solicitude as to the adoption and opposed by Mr. BRENT, of Baltimore city.
of the amendment, withdrew it.
Mr. DORSEY moved to amend the section by   Mr. GWINN said he offered the amendrrent as
inserting before the word "votes" in the third a substitute for thatof his colleague, (Mr. rent.)
line, the word "legal."                     The contingency provided for, was certai ly reMr. GRASON opposed the amendment as unne- mote, butif it required any notice in the ( onticessary.        wsare                      tution, it was only right that the means acopted
The amendment was agreed to.              to remedy the evil should be in consistency with
Mr. GRASON moved further to amend said see- the spirit of the Constitution, on which it was
tion by striking out in the fou th line the words, e afted. Until 1836, the Governor of Mary"first Monday," and inserting in lieu thereof, land was elected by the joit vote of the two
"second Wednesday."' Houses of the Legislature. This feature in the
The amendment was agreed to.              system was long opposed by all who thought that
Andthe third section, as amended was adopt- the people of the State should, by a direct vote,
ed                                          appoint the chief executive officer of the Commonwealth. He did not think it wise, when
The fourth section of the report was then read this result had been attained with such Sxteme
as follows:                                difficulty, to adopt any provision, which would,in
Sec. 4. And if two or more persons should have any contingency, defeat the good effects ofa strugthe highest and an equal number of votes, then gle so protracted, and place the Executive power
one of them shall be chosen as Governor by the in the hands of that body, from whose grasp it had
joint ballot of the Senate and House of Dele- been wrested with such difficulty.
gates; and all questions in relation to the legality  If the amendment had cotemplated only the
and nuniber of votes given in the election of case of a vacancy arising by death or resignation
Governor, and in relation to the returns of said during the term, it would have been liable to
e,shall be determined by the House of during the term, it would have been liable to
election shallbe determined by the House of great objection, but still, its advocates cou'd then
Delegates.                                  have argued the inutility of renewing an exciting
Mr. DORSEY moved to amend said section by contest for supremacy during the few remaining
inserting after the word "Governor" in the fifth months of the official term. But the proposition
line, the words "his eligibility."          now introduced, has no such justification. It is
Some explanation followed on the part of the case in which the people have, through fraud
Messrs. DORSEY, GRASON, JFNIFER and CRIS- or misapprehension, been induced to cast their
FIELD.                                      suffrage for one who was not constitutionally eliMr. CRISFIELD moved as a substitute for said gible, or have equally divided in their preferamendment to insert after the word "election," ences for rival candidates. In such instances it
in same section and fifth line, these words, "and would seem that there was paramount reason
in relation to the qualifications of the persons for permitting them to exercise again the privi.
voted for as Governor."                    lere of which they had been defrauded, without'h e substitute of Mr. CRISFIELD was re- aid, upon their part. Certainly, there is no jusjected.                                    tification for taking from them the privilege of
The question recurred on the amendment of correcting their mistaken confidence, or in case
Mr DORSEY.                                  of an equa~l vote, of determining, in a more deFurther explanations passed on the part of liberate manner, their preference for one or
Messrs. BRENT, of Baltimore city, GRASON, the other of the two candidates who may have
BoWIE, BROWN and DORsEY.                    received their suffrages.
The question was then taken, and            The only inconvenience resulting, would be
The amendment of Mr. DORSEY was agreed    the interregnum which would result. This could
to.                                         easily be provided for; and he had no objection




459
to permit the Legislature to appoint some one  Mr. GRASON moved further to amend the said
who should under certain restraints, exercise the section by strik ng out the words'ballot by the
ordinary executive functions, until a new elec- Senate and House of Delegates,': in the third
tion could be held.'I he period, needful for pre- line, and inserting in lieu thereof, "vote of the
paration, would be necessarily a very brief one, Senate and House of Delegates, the said vote to
and no mischief could result.                be taken viva voce.',After a few remarks by Mr. DoIlSEY-         The amendment was agreed to.
Mr. GWINN said, that the gentleman from      Mr. DENT moved further to amend said section
Anne Arundel, did great injustice to the argu- by inserting between  the word "the," and
ment he had made. By necessary preparation "House," in the sixth line of said section these
for the election of a Governor. was not meant words "by thejm int vote of the Senate ald."
provision for electioneering purposes; nor had he  Mr. D. said, he offered this amendment for the
supposed that in this Convention, there was any purpose of having the provision as to questionsof
reason for such a disclaimer                 eligibility and contested elecoions of Governor,
The mind of the gentleman seemed busy with conform to the previous provisions in reration to
the images of corruption and evil influence, which the same officer.
he had dwelt upon in the early part of the Con-  The question was then taken.
vention, and he had construed "preparation" to  No quorum voted.
mean banners, music, and translparelcies-the   Mr. GWINN asked the yeas and nays.
secret struggles of political clubs-and all the  Some explanation passed on the part of Messrs.
machinery which parties put in operation for DENT, GRASN, THOMAS, JENIFER, SPENCER, and
their support. Whatever effect such arrange- BLAKISTONE.
ments may have upon the popular mind, he cer-  The yeas and nays were asked and ordered,
tainly had not intended to allude to them in the and being taken, resulted as follows:
Conventi, n..l/trmative-Messrs. Blakistone, Dent, HopeBy "preparation," speaking in the hearing of a well, Lee, Chambers of Kent, Mitchell, Donaldgrave constitutional assembly, he had meant only son, Dorsey, Wells, Kent. Dalrymiple, Bond,
thatfulland reasonablenoticenfthe electionabout,Merrick, Cri:field, Dashie~l, Hicks, Hodson,
to occur, which would be sufficient to enable the Goldsborough, Ecceston, Bowling, McMaster,
people of the State to exercise a deliberate judg- Fooks, Fiery, John Newcomer, and Davis-25.
rientin the choice ofan executive. Noone could  Ntegative-Messrs. Jenifer, Buchanan, Bell,
properly misconstrue such a purpose. There Chandler, Ridgely, Lloyd, Colston, Chambers of
were reason and advantage in parties, wherever Cecil, Miller, Bowie, McCubbin, Spencer Graformed; but no party man could so far forget the son, Thomas, Shriver, Gaither, Biser, Annan,
dignity which properly attached to combinations Sappington, Stophenson, McHenry, Magraw,
embracing the whole people of a State, as to Thawley, Haidcastle, Gwinn, Brent of Baltiimagine that their honor or success lay in the more city, Sherwood of Baltimore city, Presstmanagement of petty shows, or in small elec- man, Ware, schley, Neill, Michael Newcomer,
tioneering details.                          Weber, Hollyday, Slicer, Parke, Ege, Cockey,
Mr. DORSEY opposed the substitute of Mr. and Brown-39.
GWINN, and sustained the amendment of Mr.      So the amendment was rejected.
BRENT.                                wc       The fourth section as amended was then adoptMr. DENT gave notice of an amendment which ed.
he would hereafter offer.                      The fifth section of the report was read as folAfter an explanation by Mr. SPENCER,       lows:
Mr. GwjNN called the yeas and nays on his
substitute,
substitu  1^   1    ^"te,  -n   R              Sec. 5. The State shall be divided into three
Which were ordered, and                    districts; the eight counties of the Eastern Shore
Being taken, resulted as follows:          to be the first; Baltimore, Harford, Carroll,
/ffirmative-Messrs. Lloyd, Chambers of Cecil, Frederick, Washington, and Allegany counties,
McCullough, Miller, Shriver, Sappinigton, Ste- the econd; and St. Mry's, Challes, Calvert
phenson, McHenry, Gwinn, Sherwood of Ralti- Prince George's, Anne Arundel and Montgomery
more city, Presstman, Ware, Michael Newcom- counties, and the city of Baltimore, the third;
er, Weber, Parke, Ege and Brown-17.          and the Governor elected from the second disNeigative-Messrs. Chapman, President, Blakis- ttrict in October, last, shall continue in office dutone, Dent, Hopewell, Lee, Chambers of Kent, ringthe term for which he was elected; his sucDonaldson, Dorsey, Wells, Dalrymple, Bond, cessor shall be chosen from the third district, and
Merrik, Jenifer, Bcha, Bell, Chandlerthen a Governor shall be taken from each disRidgely, Crisfield, Dashi(:ll, Hicks, Hodson, trict in regular successibn.
Goldsborough, Eccleston,  Bowie, McCubbin,     Mr. GRASON moved to amend by inserting the
Bowling, Spencer, Grason., McMaster, Fooks, word "Howard," after the words "Anne ArunThtmas, Gaither, Annan,, Thawley, Brent of del."
Baltimore city, Fiery, Nill, John Newcomer,   The amendment was agreed to.
Davis, Hollyday, Slicer:and Cockey-42.        Mr. GRASON suggested that the section should
So the substitute of Mr. GWINN was rejected.  be informally laid over.
The question then reciurred on the amendmen t  Some conversation followed.
of Mr. BRENT, of Baltin 1ore city,              Mr. JENIFER moved to amend said section by
And it was agreed to.'                   inserting after the words "Eastern Shore," the




460
words "and Harford county," and by striking out  Mr. JENIFER, chairman of committee No. 14,
from the word "first," in the second line, to the asked leave to report back the petition from citiword "and," where it occurs in the fifth line, zens of Allegany county, praying that the Conand inserting in lieu thereof the following: "Bal- vention "provide in the new constitution that
timore city, Baltimore and Carroll counties, the the privilege to sell intoxicating liquors shall not
second, and St. Mary's, Allegany, Washington, be granted to any person in any part of the State,
Frederick, Montgomery, Anne Arundel, Prince except the same shall first be sanctioned or apGeorge's, Calvert, Charles and Howard coun- proved of by a majority of the voters in the electies, the third."                          tion district where the same is to be sold," and
Mr. J. briefly explained his amendment.,  that the same be referred to the committee alMr. THOMAS moved to amend said section by ready appointed on that subject. Also, the petition from citizens from Washington county, on
striking out all of said fifth section to the word tion from ctizens from  Washington county, on
"third," in the fifth line, and inserting in lieu same sect, be referred to the same co
thereof, the following:
thereoft, the following:          Also, that the petition of Wm. B. Shield and
"The State shall be divided into four districts, forty-seven other citizens of Frederick county,
Allegany, Washington, Frederick, Carroll and praying for a new county, composed of Hawvers,
Baltimore counties to be the first; Harford and Catocton, Middletown, Petersville and Jefferson
the eight counties on the Eastern Shore, the districts of said county,' be referred to the comsecond; St. Mary's, Charles, Prince George's, mittee on new counties.
Anne Arundel, Howard and Montgomery coun-    Also, that the petition for the protection of
ties, the third, and Baltimore city the fourth dis. grave yards from desecration, be referred to the
tric s."                                  next General Assembly of Maryland.
The amendment was briefly explained by Mr.  And that committee No. 14 be discharged from
TnoaAS.                                   the further consideration of the same.
Mr. Donsr roffereld the following amend-   Which was read.
mwxn~~~ent"~~~~~: q,~        ~~~.. The report of the committee was concurred
Strike out in fifth section, second line, "Balti in, and the several petitions therein mentioned',
more, Harford," and insert "St Mary's,Charles, were severally referred as recommended in said
Calvert, Prince George's, Anne Arundel, How- report
ard, Montgomery,'" and alter the word "and"in  Mr. SOLLERS presented an account of Edward
third line, strike out' St. Mary's,Calvert,Charles  M. Wise, Messenger to His Excellency, the GovPrince George's Anne Aruidel and Mentgom- ernor of Maryland.
cry," and insert "Baltimore and Harford."    Which was read, and
Mr. D. proceeded to explain the object of his  Referred to the committee on accounts.
amendment, butyielded to a motion that the Convention adjourn.                                    THE EXECUTIVE DEPARTMENT.
A motion was made that the when the Cnnven- T        rd t            c 
tion adjournsit adjourn to meet at twelve o'clock  The Convention resumed the consideration of
(instead of ten,) on Monday, so as to allow time the report heretofore made by Mr. GrasN, from
for members to alrive by the cars.  the        committee on the executive department of
The motion was agreed to,                the government.
And the Convention adjourned until Monday at  The question was on the fifth section, and the
twelve o'clock.                            amendments thereto pending.
On a suggestion by Mr. GRASON, the section
was informally passed over for the present.
The Convention then proceeded to the consideration of the sixth section of the report, as follows:
Sec. 6. A person to be eligible to the office of
Governor, must have attained the age of thirty
MONDAY, Mah 1   1     years, and been for ten years a citizen of the
MONDAY, March 10,1851.       United States, and must have been for seven
Mr. BLAKISTONE, (the President pro emn,) cal- years next preceding his election a resident of
led the Convention to order at 12 o'clock, being the State, and for two years a resident of the
the hour to which the Convention stood adjourned  disrict from which he was elected.
this day.                                     Mr. GRASON moved to amend said section by
Prayer was made by the Rev. Mr. GRAUFF.   striking out " ten," in the second line, and insertThe journal of Saturday was read.         ing" seven," and by striking out " seven," in the
Some conversation followed, arising out of the third line and inserting " five," and striking out
fact that a substitute amendment, offered by Mr. " two," in the fourth line, and inserting "three."
DORSEY, to the fifth section of the report, had  Mr. l)UCHANAN moved to amend by striking
not been entered on the journal.            out "seven," in the second line, and inserting in
A point of order arose as to whe her the amend- lieu thereof " five"
ment was received as in order, or was only offer-  The PRESIDENT, (pro tern,) stated that the
ed as a notice of amendment. The result was question would be on the largest number first.
that the amendment was ordered to be entered  Mr. DORSEY said he had intended to offer an
on the journal.                            I amendment somewhat, but not exactly similar to




461.
that of the gentleman from Queen Anne's, (Mr. tive office,but the continually growing demand for
Grason.) It seemed to him that the Convention the privileges of thiese people, the accession of
should not make odious distinctions between na- new advocates and the defeat of opposition to
turalised and native-born citizens, which were them, was now leading the Convention to overunnecessary. He was, therefore, in favor of the rule the well considered caution of the commitamendment of the gentleman from   Baltimore tee. He thought it time to call a halt in this procounty, (Mr. Buchanan.) He thought that re- gress.
strictions enough would be imposed by that    Ie had yet to learn that in any State in this
amendment.   No discriminations, he thought, Union, a foreigner had been made Governor.
should be drawn except such as might be required Why should Maryland desire to go ahead of the
by the interests of the people, or important ob- rest of the American world in this respect? Was
jects of public policy  He thought there was no it toinvite foreigners to come amongst us? It
such, object in the present case, and he should could scarcely be supposed they could propose
therefore vote for the amendment of the gentle- to themselves such a motive for their emigration.
man from Baltimore county.                  Hesupposed no man he-re expected, that he or
Mr. BRowN gave notice, that when in order, his children or his children's children, would live
he would move to strike out, in the second line, to see the day when a foreigner, in ten years afthe words ti been for ten years," and insert the ter his coming into the country, would be made
word " be," [so as to permit any man who had chief magistrate of the State.
been a resident of the State for seven years to be  He was willing to pay any just tribute to the
eligible.]                                  merits of foreigners, but such a provision as is
Mr. SPENCER. Say ten years.               now advocated, is an ind;irect imputation of inMr. BROWN. It will shut out native Ameri, competency, upon our own citizens. Had there
Mr.ans-those who ae hee in thout ntry, coming every been a dearth of our own people, that we
cans-throse who arte rein the country, coming dmst invite foreigners to fill this station? Cerro   anoher Sate into Maryland.            tainly there was no evidence of scarcity in naMr. btlSPENCER. Not at altlh.            tive material at present,nor any prospect of a fuMr. BRowN, [resuming.1 A foreigner, then, tue diminution. He preferred the proposition
cannot he elected Governor, unless he has been reped by the cormitee, and as no advantage
a resident of the State for ten years. I think  t        y                         ag e
that is enough.                            couid result from any high bidding on the one
LMi. SPENCER gave notice that at the proper side or the other, he hoped the house would not
tMr. hENER gavffer te oowthat at th  proper consent to change it. There being neither netime, he should offer the following amendment, cessity nor advantage to recommend it, why
strike out in sixth section, from the word "year," ce y  or a nte  o  eco  en 
in the second line, to the word " and," in the change it for the mere sake of change?
fourth line, and insert these words, " and been  Mr. BROWN read the fourth section of the
for ten years a resident citizen of this State."  second article of the Constitution of the State of
Mr. GRASON thought, that practically, it was Pennsylvania, inithe words following:
a matter of very little importance whether the  "He, [the Governor.] shall be at least thirty
Convention decided upon the term of tt n, seve, years of age, and have been a citizen and an inor five years. It was not probable that any for- habitant of this State, seven years next before
eigner would ever be nominated or elected Gov- his election; unless he shall have been absent on
ernor of the State of Maryland. Still, hethought the public business of the United States, or of
it was their duty to show to the people that this this State."
Convention was not making a provision with the  Mr. BUCHANAN said he did not know what the
express object of bringing in a man who had not gentleman from Kent, (Mr. Chambers,) meant
been for ten years a citizen of the United States. by "high bids." He was unable to say whether
He had, in the first instance, designated the pe- the gentleman intended to apply his remarks to
riod of ten years, but, upon subsequent reflection,' his venerable colleague, (Mr. Dorsey,) who had
had thought it better to designate seven  At the favored the amendment offered by him, (Mr. B.,)
s ime time, he repeated, that so far as the practi- or to some other person.
cal operation of the section was concerned, he  I can only say, continued Mr. B., that howevwas indifferent as to the term.             er disconcerted the gentleman from Kent may
Mr. CeHAsBERS said, he must express his regret feel at the undoubted indications of a liberal tenat these unceasing, persevering efforts to shape dency on the part of the gentleman from Anne
our Constitution, as if we were in an especial Arundel, [Mr. Dorsey,] we who desire to advomanner providing for a particular class of per- cate liberal doctrines here, are altogether satissons-a class of foreigners and strangers. The fled with his position on this question, and welcurrent seemed continually to become deeper come his advent with pleasure. The grounds
and wider as we proceeded. This instance ex- assumed by the honorable gentleman from Anne
emplified the remark. An intelligent committee Arundel, in his argument just submitttd to the
in the calm quiet of their committee room, had Convention, are liberal, equitable, and patriotic.
unanimously reported these restrictions. They  He is opposed to odious and ungenerous distinchad deemed it proper to require of foreigners a tion between the native born and the naturalireasonable period of time for a residence amongst zed citizen. And this we hold to be the true docus, to enable them to acquire a knowledge of our trine.
peculiar institutions, and to undergo a probation  Although, said Mr. B., this remark of "high
before they could be admitted to the chief execu- bids' was made by the gentleman from Y.fint,




462
sotto voce, and apparently without any specific  Mr. CHAMBERS said with regard to the good or
meaning-still it had its object. The design of bad taste of his remarks, which had formed the
the gentleman doubtless was gently to insinuate principle subject of the lecture just administered
to the public that, there were gentlemen here by the gentleman from Baltimore county, [Mr.
ready to "bid high" for popularity.          Buchanan.] he had only to remind that genlleNow an imputation of this sort, Mr. President, man that it was a subject on which he should not
[said Mr. B.,] made by another with referenceto be too dogmatical. One of the most ancient
the gentleman from Kent himself, would have adages we have, has taught us to believe that
been, as we all know, repelled with quite suffi- "taste is not a matter for argument "  He was
cient point. He must, therefore, not be surprised quite willing to submit to the House the decision
if others are not disposed quietly to submit to of the question of taste. Another attempt of the
such intimations when applied to them. Does gentleman was rather amusing. He had gratuinot the gentleman from Kent perceive, said Mr. tously given to his remarks about"bidding" a perB., that his intimation of "high bids" is quite sonal application to his venerable friend from
broad enough to involve his friend from Anne Anne Arundel, [vir. Dorsey.] Why, asked Mr.
Arutdel, [Mr. Dorsey,] who here advocates the C., can any one suppose that at his time of life,
liberal doctrine-and yet it is surely to be pre- that gentleman is preparing fora race in the field
sumed, that a gentleman of the advanced age of of popularity? We all know it is quite impossithe honorable gentleman from Anne Arundel, ble. But to the subject. He had said, and he
would not turn upon his heel for any office in the repeated, our course was downward in this mat-'State.                                     ter. The current was continually setting more
If my friend from  Kent, really designed an and more strongly down hill. Did not the votes
imputation invidous, in the remark which he on the elective franchise bill show that? The;made, I can only say, coming from him, it is in gentleman from Baltimore county, he believed,
very bad taste. For mysell', said Mr. B., the wentin every case for ei larging the privileges of
mover of this amendment, 1 claim to stand as far foreigners. Did not the history of the present
removed from any unworthy influences here, as hill confirm the existence of ihis tendency? In
the honorable gentleman from Kent possibly can. the quiet of their chamber the committee had
I ask nothing-I desire nothing-but the con- matured asystem, which they thought reasonable,
sciousness of having endeavored faithfully to dis- and he believed, properly so thought. It is incharge my duty here as a representative of the troduced here, and the moment the idea is sugpeople. My part here is to act upon my best gested that an alteration may be made, enlarging
judgment ot what is proper to be done, uninflu- the privileges of the foreigner, that moment the
enced by any one. What effect a particular act eloquence of gentlemen is put in requisition to
or votemay have on my personal popularity, I resound the popular note-"no distinction,"
stop not to enquire and care not to know.'no proscription," "no exclusion."  It was his
This amendment, said Mr. B. was offered by decided opinion that sound reasons existed for a
me mainly for the reasons which have been as- distinction in the matter.
signed by the gentleman from Anne Arundel,     Our system of government is a complicated
i(Mr. Dorsey,) that is to say to guard, against in- one. Educated as we are in the, midst of these
vidious and odious distinction between native institutions and familiar with their operations,
born and naturalized citizens. Such distinctions we do not appreciate this fact. But its made
are in my judgment illiberal, impolitic and un- evident by the observation of the almost univerjust.                                        sal errors that prevail on this subject abroad. It
My friend from Queen Anne, [Mr. Grason,] is not at all understood by foreigners. Anything
said Mr. B., thinks that there is not the least approaching to an accurate knowledge of our sysproability that a man of foreign birth will be ter is confined to persons connected with affairs
elected Governor of Maryland, and that, there- of government at home, whose official duties
fore, the restriction is unimportant. If this be make it necessary to know something of the nathe fact, I cannot conceive why it is that my ex- ture and proceedings of other governments. Of
cellent friend so tenaciously adheres to it. Why this class none emigrated to this county. Of
not Obliterate it at once?  If thereis no danger this class even, we constantly witness instances
there is no need of the restriction.         of the greatest misconception of the practical
Mr. President, [said Mr. B.,] our present Con- operation of our complex federative system.
stitution contains no such objectionable provi-  It was not likely then, that under such circumsion4, as that which is now proposed. We are stances foreigners, who came here at mature age,
going back instead of forward-we are becoming with habits of thought formed and fixed, could
more restrictive instead of becoming more libe- without a reasonable period for experience as
ral. We came to this Convention avowedly to well as probation, be qualified to administer the
enlarge the privileges of the people, and now we office of Chief Magistrate, as well as one who,
desire to be engaged in an effort to contract equal in all other respects, had a perfect acquaintthem.                                        ance with all the peculiarities of our condition.
Suppose a naturalized citizen should be elec-  Again, it is one most important item in the duted Governor of the State —where the harm? ties of a Governor to make selections from the
Where the danger?  Have we not confided our citizens of the State for the various offices. Strip
dearest interests to them  in other days, and him as you may of his present patronage, still it
where have they shown themselves faithless or is quite impossible to avoid the necessity of leavangrateful? I shall vote for the amendment.  ing with him the sole power to appoint, in some




463
instances, and the power to appoint ad interim in there placed on an equality with the native.
many of the most. important                 And no inconvenience has heretofore ever resultTo do this usefully, he should know well the ed from,that equality. We have never had a
character of those who are to be selected. A  foreigner in the gubernatorial chair. But if, at
fitness for some of these high offices, is not to be any time hereafter, some eminently qualified forevidenced but by a course of life and conduct eigner should reside among us, who, in a time of
pa-sitg over many years. The very language of war, should save our State from conquest and
our Constitution, pays respects to this principle, desolation, rendering it services above all price,
by requiring a given age as a qualification. The by successfully leading the sons of Maryland in
man who has passed his life amongst us, knows the field of battle, and who should be as pure and
the character, and has observed the course of patriotic as Lafayette, and he residing five years
life, of his prominent fellow citizens.    among us after being naturalised, and being emiHas the foreigner the same advantage? Can nently possessed of every valuable and intellectuthe man who is here but since yesterday, be pos- al acquirement, beloved and trusted by the peosibly able to exercise an equally sound judgment, pie, were proposed by them as a candidate for
in selecting persons for office? Is the State as Governor, would you shut the doors of office
likely to be well served in the various depart- against him? He would impose no such restricmerits, which his appointees are to fill?  tion when no danger would result from its nonIt must be obvious, that in executing such a existence-no benefit follow its imposition.  ie
trust, he must either act without sufficient infor- would leave the people to elect him who was the
mation, or he must be the Iccum tenens for some object of their choice.
party favorite, whose opinions govern the Go-  He was disposed to say, that the same resivernor.                                    dence of five years after naturalization, should
If, however, these arguments were not conclu- be required of a native citizen of another State,
sive, he had one more question to propound. to qualify him to fiill the office of Governor of
Why, if no   distinction  should  be made-  Maryland  It had been said that five years was
why require any residence at all? Why not ad- not a sufficient time to enable a foreigner to obmit the foreigner to hold office just so soon as he tain that knowledge of the interests of the State
is a naturalized citizen? The argument is aban- which is necessary. He appealed to gentlemen
doned, and the whole principle surrendered,by whether a naturalized foreigner whom the peoa short time. as effectually by a longer time. We pie would be willing to select, might not be as likehave natives enough, and are likely always to ly to be qualified within that period, as many of
have enough, to preside over us; let us not inti- own own aspirant citizens now are? We ought to
mate a fear, or a doubt, of their ability to fulfil put all on an equal footing.
this high trust, without calling in the aid of  Mr. D here read the clause from the old Conforeigners.                                 stituiion, relating to this subject, and said that he
Mr. SPENCER said, the section, if amended, as had lived seventy-five years uuder this Constituproposed, would discriminate between foreigners tion, which interposes no barrier between forand the native-born  In order to prevent this, eigners and the gubernatorial chair, yet no forhe would submit a modification, which would ef- eigner h ad ever occupied that chair. Still, he
feet all that the committee had in view. Whilst thought, it was an omission in that Constitution,
it required a proper residence, it made no dis- and he was therefore willing to impose a restriccrimination between the classes of citizens. It tion to a residence of five years after naturalizaput all on the same footing.               tion. -If we take the amendment of the gentleMr. DORSEY stated that he did notregard the al- man from  Baltimore county, [Mr. Buchanan,]
lusion of the gentleman from Kent as having refer- and place foreigners on a footing with the citience to him. He believed himself discharging zens of the other States of the Union, it would be
his duties as independently of all views to popu- amply sufficient. He thought that the office of
larity as any member in this Convention. He Governor was not the only important branch of
certainly desired to retain and deserve the good our government. The Legislature is quite as
opinion of his fellow citizens. But he would much so; and if weintend to be consistent in our
never swerve from that course pointed out by a cousre here, we ought to have required a somesense of duty, to win popular favor. It was said what similar restriction as to residence, in relathat this proposition is an invitation to foreigners tion to members of thqt body, as we now require
to occupy the gubernatorial chair of the State. in the case of the Governor. Yet this had not
Hedid notsoregar it. Butsuppose itweresoto been done. He would not propose such an
be regar:led. That invitation assumes as a condition amendment, because he thought it was unnecesprecedent to its acceptance, that the accepted sary. He referred to a naturalized foreigner
must be eminently distinguished for his patriot- with whom he was acquainted, who was worthy
ism, intellectual acquirements and many other and intelligent, and who, with himself, had once
virtues which should adorn the station. He had represented the city of Baltimore in the Legislanot the slightest objection to extend the same in- ture, and no inconvenience had resulted from it.
vitation to every qualified citizen of the State, He sta.ed that a foreigner was not disqualified to
whether native-born or naturalised.         hold the highest station in the courts of the UniHe referred to the old constitution of 1776, to ted States or of this State, and as both the Legisshow that in the choice of Governor, there was lature and the judiciary were left open to natuno express requisition of citizenship-it contain- ralized foreigners, as well as natives, why was it
ed no restriction of this kind. The foreigner is thought necessary to raise this excessive distinc



464
tion as to Governor? He was quite willing to wished that all persons who were citizens of the
impose reasonable restrictions, sufficient to give United States, and residents of Maryland, should
an opportunity for candidates to learn all of a participate in the honors of the State, if the peolocal character, that it is necessary for them to pie desired so to elevate them.
know, wisely and faithfully to discharge their du-  He was not opposed to the provisions of the
ties.                                       Constitution of the United States in regard to the
He was afraid the gentleman from Kent, inhis qualifications ofa President of the United States.
unwillingness to change any of the features in the What would he the population settling our inmold Constitution, may be looking beyond the pre- mense Wpstern wilds could not be foreseen, and
sent question, and may desire hereafter to retain where danger may be rationally apprehended, it
what, in this progressive age, we may not think ought to be against. But, in reference to Maryit necessary to retain. He referred to the Con- land, there are no grounds of apprehension, and
stitutions of different States, on the subject of therefore, no such restrictions should be imposed
qualifications for office, commenting on them as on the rights of the people.
he proceeded, and stating that although he had  As to the remark of the gentleman from Queen
referred to them, he should disregard their local i Anne's, (Mr. Grason,) that danger might occur
prejudices, the causes for them not existing in in case the gubernatorial chair should be filled by
Maryland. This body should not be controlled  a foreigner against the country of whose birth a
by what has beenldone by other States,dissimilarly war might be waged, he replied, that if this was
situated, but act independently, and solely with  a good objection, it was not provided against by
reference to the feelings and interests of our own the amendment of the gentleman from Queen
State. He would not consent to impose any un- Anne's. The Governor cannot taie the cornreasonable unnecessary restrictions on the popu- mand of the army and navy, without the authorlar will                                    ity of an act of the legislature.
Mr. GRASON said he had already suggested    He did not believe that if such a case occur.
that the restriction ought to be limited. The red, the Goveinor would turn traitor. There
people Were not likely to elect a Governor who have been traitors among natives, as well as
had not been a resident of the State for seven adopted citizens, and our revolutionary war
years. In reply to the gentleman from  Anne shows they were more frequently among the forArundel, (Mr. Dorsey,) that no such restriction mier than the latter, and there would be no greatwas provided for in the legislative branch, he er danger of treason, if a naturalized foreigner
would suggest that there will probably be some filled the Chair. He hoped the amendment of
discrimination of the same kind, in reference to the gentleman from Baltimore county, would be
the Legislature. But he would remind the gen- adopted.
tlerran from Anne Arundel, that the executive  The question was then taken first on striking
powers were confided to a single person, while  out "ten" years;
the powers of legislation were distributed among  And by ayes 36 noes 22
a considerable number. In time of war the Gov-  It was agreed to.
ernor is invested with important powers, and is  The quetion was then put first, on the notion
at all times commander of the land and naval tof Mr. GRASON, to insert "seven," in place of
forces of the State. Without some such restric- the word ten stricken out.
tion as was proposed, the Governor might be a  Mr. DORSEY called the yeas and nays,
recently naturalized citizen, and commanding    hich were ordered, and
our forces while we were waging a war with     eirg taken resulted as f Ilows:
the country that gave him birth. He referred te.iative   Messrs. Blakistorle, Pres't pro.
to the provisions of the federal Constitution, te., Dent, D-lopeell, Ricaud, Lee, Chalbers
which required the President-to be native citi-of Ket, Donadsn, Raall,  ent, alrypfe
en and Senatorsof the  United States to be e cit- Bond, Brent of Charles, Jenifer, Colston, Criszen; and Senators of the United States to be cit-  ^  DashielL Hicks, Hodson, Goldsborough,
izens for nine. years. Our naturalized citizens eld ashie, lSicks, MCubin, Grason, Diric
had never complained of these discriminations.  cest, Sprigg, McCStepn, Gras,   ai
son, Mc.Master, looks, Stephenson, Ware and
They wished to be admitted to the general rights Davis-9.
of citizenship, but were not unreasonable enough  Ngatve Messrs  Dor ey,  Wells, Sllers,
to expect, as soon as they landed on our shores, Buchanan, Bell, Welch, Lloyd, Dickinsoi.Chamto fill the highest offices of government. He bers of Cecil, Miller, Mcl.ane, Spencer, Shriver,
was not disposed to require a very long resi- Gaither, Biser, Annan, Sappington, McHenry,
dence, and had fixed the time according to what Nelson, Hardcastle, Gwinn, Stewart of Baltihe supposed to be the general sentiment of the more city, Sherwood of'Baltimore city, Schley,
people.                                     Fiery, Neill, John Newcomer, Michael NewMr. DORSEY said:                          comer, Kilgour, Weber, Hollyday, Slicer,Parke,
This could not properly be considered as a Cockey and Brown-35.
constitutional restriction, because the legislature  So the Convention refused to insert "seven."
has the power to control it. The legislature can  The question recurred on the amendment of
pass an act authorising a foreigner to hold real Mr. BUCHnAMAN to insert "five."
estate; so that the fact of an individual being by  Mr. BROWN gave notice that he would, at the
the constitution recognised as holding real estate proper time, ofter a substitute, which was taken
does not of necesssity, prove him not to be a for- verbatim from the Legislature of the State of New
eigner. There ought to be a discrimination. He York.




465
He (Mr. B.) liked that provision much better States, which confine the choice of candidates
than any he had seen.                       forthe Presidency to natural born citizens.The substitute was read.                  There may be an argument made in favor of this
Some conversation followed.              limitaiion: because the President is, in fact, from
The question then recurred on the amendment the existence of his veto power, one of the coof Mr. BUCHANAN, inserting "five" years,   ordinate branches of the National Legislature;
Mr. BISER asked the yeas and nayand  s, which aupon his action may depend the integrity of
were ordered, and being taken, resulted as folbthe whole system  And to prevent a possible,
lows:                                      though not probable danger, it was well to affix.ffirmative —Messrs..Blakistone, President, pro this single limitation to the office.
JRirmcatlwe-Messrs. Blakistone, President, pro
tern., Dent, Hopewell, Ricaud, Lee, Chambers of  Mr. SPENCER said, that after the views preKent, Donaldson, L)orsey, Wells, Randall, Kent, senteJ by the gentleman from  Baltimore city,
Bond Sollers, Brent of Charles, Jenifer, Buchan  (Mr. Gwinn,) he Mr. S.] wondered that the
an, Bell, Wel. h, Lloyd, D ckinson,Colston, Cris-gentleman did not offer an amendment.
field, Dashiell, Hicks, Hodson, Goldsborough,  Mr. GWINN said he would do so, and he offerEccleston, Constable, Chambers of Cecil, Me  ed an amendment.
Lane, -prigg,'MciCubbin, Spencer, Grason, Dir-  MR. SPENCER suggested that the gentleman's
ickson, McMaster, Fooks, Shriver, Gaither, amendment did not sustain his argument.
Biser, Annan, Sappington, Stephenson, Magraw,  MR. GWINN indicated the perfect consistency
Nelson,Hardcastle,Gwinn, Ware, Schley, Fiery, of the two.
Neill, John NewComer, Michael Newcomer,      MR. DORSEY expressed his dissent from  the
Davis, Kilgour, Hollyday, Parke, Cockey, and views of the gentleman from  Queen Anne's,
Brown-61.                                  [Mr. Spencer,] as well in his construction of
Negative-Messrs. Miller, McHenry, Stewart his amendment, as on the expediency of its
of Baltimore city, Sherwood of Baltimore city, adoption.
Weber and Slicer —6.                         Mr. SPENCER modified his amendment, by inSo the amendment was agreed to, and the blank serting before the word "citizen  the word
was filled with "five."                              citizen.
An explanatory conversation passed between
Mr. GRASON moved to amend said section, by M   SPENCER and Mr. GWINN, On the subject of
striking out in the third line the word "seven,"the amendment proposed by the latter.
and inserting "five," and in the fourth line the  Mr DORSEY dissented both from the law and
word'two," and inserting in lieu thereof the argument, of the gentleman from   Queen
"three."'                                 Anne's. He referred to the proceedings of the
Mr. SPENCER in accordance with the notice Convention in an earlier period of the session,
given, then moved to amend said sixth section, when it was decided by an overwhelming
by striking out from the word "year," in the se- majority, that naturalization only conferred
cond line, to the word "and," in the fourth line, civil rights, but did not impart political privand inserting in lieu thereof these words, "and ileges. In the same way we may give the citbeen for ten years a resident citizen of thisizen of another Stale, residing amongst us, who
State."                                   is a native of the United States, civil rights, but
Some explanatory conversation as to the inter- exclude him from political office. We can, if
pretation of this amendment followed, on the we please, confer all these rights on unnatural
part of Messrs. SPENCER, DORSEY, and SoLLERS. ized foreigners, as far as concerns our State govMr. GWINN opposed the amendment of Mr. ernment. He would be willing to take the
SPENCER.                                   amendment, which made no difference between
Mr. GWINN said, that he should vote against naturalized foreigners, and the natives of other
the amendment of the gentleman from Queen States of the Union. He would fix the term of
Anne's, [Mr. Spencer.] He could not agree to the five years for residence for each.
necessity of restricting the people of the State in  Suppose one of our distinguished citizens, of
theselectionoftheirchiefexecutiveofficer. They other states, as for example, Clay, Cass, Dickwere not likely to overlook the claims of a native inson, Webster, or any other eminent citizen,
citizen, and to honor with their confidence any should remove into our State, and it became the
individual, recently naturalized, unless there ex- wish of the people of this State to show their
isted strong reasons for the preference. And if gratitude for noble patriotic public services, and
there were such, in the superior qnalities or ser- to pay honor to them in their declining years, by
vices of such an individual, the people should be placing them in the Gubernatoial chair, would
left at liberty to confer on him what office they you, by a Constitusional provision, say that they
pleased. Besidesthe wholetheory ofnaturaliza- should be ineligible unless they had resided in
tion, as understood in this country is, that it the State for the term of ten years? He thought
places the foreigner, who has complied with the the amendmentof the gentleman from Baltimore
requirements of the law on the same footing with county could not work any evil, and he believed
those who were native-born. And there was, in no one would refuse to honor so distinguished
truth, no reason for departing from the principle citizen, because he had resided but five instead
which this establishes in the case of our chief of ten years in the State.
magistrate. It was true that there are certain  Mr. WEBER desired to ask a single question.
limitations in the Constitution of the United If he understood the amendment, it would re59




466
quire that a foreigner shall reside in the -State  Negative-Messrs. Blackistone, President pro
fifteen years, and a native citizen of another tern., Dent, Hopewell, Ricaud Lee, Chambers,
State ten years, before he shall be qualified for of Kent, Donaldson, Dorsey, Wells, Randall,
the office of Governor. Ifhe comprehended the Kent, Bond, Sellers, Brent, of Charles, Jenifer,
force of the language employed, it certainly Buchanan, Bell, Welch, Lloyd, Dickinson, Colcalled for the term of residence which he had ston, Crisfield, Dashiell, Hicks, Hodson, Goldsstated. He thought that the proposition of the borough, Eccleston, Sprigg, McCubbin, Spengentleman would produce the very evil which cer, Grason, McMaster, Fools, Gaither, Annan,
he had stated it to be his intention to obviate.  Sappington, Hardcastle, Ware, Schley, Fiery,
The question then recurred on the amendment Neill, John Newcomer, Davis, Kilgour, Dirickof Mr SPENCER.                             son and Hollyday-46.
Mr. GWINN asked the yeas and nays, which   So the Convention refused to strike out the
were ordered, and being taken, resulted as fol- sixth section.
lows:                                        The sixth section was then adopted.
Afirmative-Messrs Blackistone, President,  The seventh section of the report was read
pro tem., Dent, Hopewell, Ricaud, Lee, Cham- as follows:
bers, of Kent, Donaldson, Bond, Brent, of
bers, of Kent, Donaldson, Bond, Brent, of    Sec. 7. In case of death or resignation of the
Charles, Jenifer, Crisfield, Dashiell, Hicks, Hod.
Charles Jenife, Csfied, Dhiel, H s,  Governor, or of his removal from the State, the
son, Goldsborogh, Eccleston, Sprigg, Spencer, General Assembly if in session, or if not, at
Dirickson, McMaster, Fooks, Jacobs, Stewart, their next session, shall by joint ballot elect
of Baltimore city, and Doavis-29. Wellsome other qualified resident of the same disNegrBuchae-Mssrsn,  Do, Wel, Lloy, Dick, Sol- trict, to be the Governor for the residue of the
lers, Buchanan, Bell, Welch, Lloyd, Dickinson, term for which said Governor had been elected.
Colston, Constable, Chambers, of Cecil, Miller, 
McLane, McCubbin, Grason, Shriver, Gaither,  Mr. GRASON moved to amend the said section.
Biser, Annan, Sappington, McHenry, Magraw, by striking out in the 3d line'by joint ballot,"
Nelson, Hardcastle, Gwirin, Ware, Schley,Fiery, and inserting in lieu thereof, the words, "by the
Neill, Jno Newcomer, MichaelNewcomer, Kil- joi  vote."
gour, Weber. Hollyday, Slicer, Parke, Cockey  The seventh section as amended, was then
and Brown-39.                              adopted.
So the amendment was rejected.             The eighth section of the report was then read
Mr. GW1NN withdrew his amendment.        as follows:
Mr. BROWN then moved to strike out the 6th  Sec. 8. And in case of any vacancy in the
section in said report, and substitute in lieu of office of Governor during the recess of the Legit the following:                          islature, the President of the Senate shall dis"No person except a citizen of the United charge the duties of said office till a Governor is
States, shall be eligible to the office of Govern- elected by the two Houses; and in case of the
or, nor shall any person be eligible to that office, death or resignation of said President, or of his
who shall not have attained the age of thirty removal from the State, or of his refusal to serve,
years, and who shall not have been five years then the duties of said office shall, in like mannext preceeding his election, a resident within ner, and for the same interval, devolve upon the
this State, and for three years a resident of the Speaker of the House of Delegates, and the Legdistrict from which he was elected.        islature may provide by law for the case of imThe substitute having been read,         peachment or inability of the Governor, and de 
Mr. WARE moved for a division of the ques- clare what person shall perform the executive
tion on striking out.                      duties during such impeachment or inability;
Mr. SOLLERS asked the gentleman who moved and for any vacancy in said office, not herein
the amendment, to state the difference between provided for, provision may be made by law,
this substitute and the proposition as it stood.  and if such vacancy should occur without such
Mr. RROWN explained,                     provision being made, the Legislature shall be
Mr. SOLLERS submitted that the only differ- convened by the Secretary of State for the purence was in the taste and the wording.     pose of filling said vacancy.,- <-,,. Pending this sectionMr. SPENCER submitted that a substantial dif- Pending this setionferenceexisted; anheexplained     The Convention adjourned until tomorrow
ference existed; and he explained.         at ten o'clock.
Mr. SOLLERS persisted that there was no substantial difference between the two propositions.
Mr. BROWN asked the yeas and nays,                    _       -___
Which were ordered, and,
Being taken, resulted as follows:
Affirmative-Messrs. Constable, Chambers, of           TUESDAY, March 11, 1851.
Cecil, McCullough, Miller, McLane, Shriver,  The Convention met at ten o'clock.
Biser, McHenry, Magraw, Gwinn, Stewart, of   Prayer was made by the Rev. Mr. GRAUFF.
Baltimore city, Michael Newcomer, Weber,      The roll was called, and the journal of yesterSlicer, Parke, Cockey and Brown-17.         day was read.




467
LICENSE LAW.                  The PRESIDENT, pro tern., directed the SecreMr. ANNAN, presented a petition of sundry tary to count the Convention.
The count having been made,
citizens of Frederick county, praying that provi-  uoru  a  eca     to be present.
sion may be made in the newConstitation to pre-  qu    e       stion having been stated to be on the
vent the sale of intoxicating liquors. except theeen                stated to be on the
same shall be approved of by a majority of the  r.    andme nt ofinserted the
votes in the election district where the same is  Mr. G. explained   t hat  e had not inserted the
~~~~~to be sold.  ~words "tile Constitution of the United States,"
Which was read, and                      because that was a separate oath which all offiWhRefich was read, and co  e a      d on cers of the United States were obliged to take,
eferred to the select committee appointed on when they entered upon their duties
On a request to that effect made in his behalf,  Mr. DORSEY enquired whether, under the old
On a request tDENT,  o that effect made in his behalf, Constitution, the oath did not include the oath to
by    the PRESDET, (pro te,) Mr. BLKI- support the Constitution of the United States. If
Leave of absence for Wednesday and Thurs- not, it was a very appropriate oath, and both, he
day of this week, were granted to HENRY G. thought, should be embraced.
WHLELER, official reporter of the Convention.  a   GRASON said,  he  nele thet sep te
act legal provisions. But he knew that separate
THE EXECUTIVE DEPARTMENT.          oaths were taken, first to support the ConstituThe Convention resumed the consideration of' tion and laws of the State. There was then a
the-special order of the day, being the report separate oath to support the Constitution of the
heretofore made by Mr. GRASON, chairman of United States, and another in relation to the bethe committee on the executive department of lief in the Christian religion.
the government.                              Mr. DORSEY invited Mr. GRASON to refer him,
Thpe government.   w  t        to the clause of tie old Constitution. It seemed
The pending question was the eighth section of to him that the oaths might be put together in a
the report:                                few words.
Section 8. And in case of any vacancy in the  Mr. GRASON said, the Convention should bear
office of Governor during the recess of the Legis- in mind, that this provision looked to the oath to
lature, the President of the Senate shall discharge be taken by the Governor of the State, of Marythe duties of said office till a Governor is elected land, as such, and he, (Mr. G.,) thought that the
by the two Houses; and in case of the death or oath should not be blended with the oath to supresignation of said President, or of his removal port the Constitution of the United States. The
from the State, or of his refusal to serve, then Constitution of the United States, required every
the duties of said office shall, in like manner, and State officer, before he entered upon the disfor the same interval, devolve upon the Speaker charge of his duties to take an oath to support
of the House of Delegates, and the Legislature that Constitution. It was not necessary, theremay provide by law for the case of impeachment fore, to insert it here. Still he had no particular
or inability of the Governor, and declare what objection to it.
person shall perform the executive duties during  Mr. DORSEY enquired, whether there was not
such impeachment or inability; and for any another oath, which required the incumbent to
vacancy in said office, not herein provided for, swear that he would not receive the profits of
provision may be made by law, and if such va- any other office held by any other person? To
cancy should occur without such provision being give an opportunity for examination of these
made, the Legislature shall be convened by the several oaths, he suggested that the section ahould
Secretary of State for the purpose of filling said lie over informally.
vacancy.                                     Mr. GRASON said, he thought there was in the
On motion of Mr. GRASON,                 bill of rights a provision requiring such an oath,
Said section was amended by striking out in as the gentleman referred to. He hoped, howthe 3d line the words "by the two Houses," and ever, that the Convention would not put in this
inserting in lieu thereof "as hereinbefore pro- executive oath, every thing which might be revided."                                    quired by other parts of the Constitution. The
And the section, as amended, was adopted.  effect would be so to complicate and extend the
The ninth section of the report was then read section as to make it cumbersome.
as follows:                                  Mr. DORSEY said, he would not'ask any delay
Section 9. The Governor before entering upon but, if he should hereafter deem it necessary, he
the duties of his office, shall take the following would move a re-consideration.
oath:                                        The question was then taken on the amend
Mr. GsAsoN moved to amend said section by ment of Mr. GRASON.
adding at the end thereof, the following:    But no quorum voted.
"I do solemnly swear (or affirm,) that I will  Mr. GWINN asked the yeas and nays.
faithfully discharge the duties of the office of  Mr. DONALDSON sugggested, that some time
Governor, and will to the best of my ability, pre- since the gentleman from Kent, (Mr. Chambers,)
serve, protect, and defend the Constitution of had proposed that a general form of oath should
Maryland."                                 be adopted for all officers. This, Mr. D. thought,
The question was put,                    was in the legislative report-and the question
Mr. DENT suggested that no quorum was pre- had gone over so that the whole matter might be
sent.                                       made to accord. His impression was that such




468
was the understanding. He suggested the pro-  Sec. 13. And in case of any vacancy during the
priety of not multiplying oaths  The gentleman recess of the Senate in any office which the Gofrom Kent, (-Mr. Chambers,) was not at the mo- vernor has power to fill, he shall appoint some:
ment in his seat-and he, (Mr..D.,) thought that suitable person to fill said office, whose commisthe section should lie over.               sion shall continue in force till the end of the
Mr. GnAsoN thought, he said, that in addition next session of the Legislature, or until some
to the general oath, it might be proper to take other person is appointed to the same office; and
the oath here prescribed. The Constitution of the nomination of the person thus appointed duthe United States imposed an oath upon the Pre- ring the recess, or of some other person in his
sident nearly in the same words, and embraced in place shall be made to the Senate within thirty
two lines.                                 days after the next meeting of the Legislature.
Mr. SPENCER explained the previous action of  On motion of Mr. GRAsoN,
the Convention on the subject of oaths, and con-  Said section was amended by inserting after
firmed the opinion expressed by the gentleman the word "until," in the fourth line. the words
from Anne Arundel, [Mr. Donaldson,] in regard "the same or," and by striking out the word
to the intention of the gentleman from Kent, "the," in the fifth line, and inserting the word
[Mr. Chambers,] to offer a general oath, and "every."
suggested that the matter should lie over for the On motion of Mr. HOLLYDAY,
present.                                     Said section was further amended, by striking
Mr. GRASON acquiesced.                   out in the sixth line, the word "some," and i~And the section was informally laid over.  serting the word "any."
The section, as amended, was then adopted.
The tenth section was read, and no amendment  The sectio,  of Kende, cal the attent
having been offered, was adopted in the follow-  Mr. CHAMBeRS, of Kent, called the ttention
ling words:                                 of the gentleman from Queen Anne's, [Mr. Grason ] to the language of the thirteenth section,.
Sec. 10. The Governor shall be commander- which provided that "in case of any vacancy duin-chief of the land and naval forces of the State, ring the recess of the Senate in any office which
and may call out the militia to repel invasions, the Governor has power to fill, he shall apsuppress insurrections, and enforce theexecution point some suitable person to fill said office,
of the laws; but shall not take the command in whose commission shall continue in force until the
person without the consent of the Legislature.  end of the next session of the Legislature, or until
The eleventh section was read, and no amend- some other person is appointed to the same office."
ment having been offered, was adopted in thefol- And he, [Mr. C.,] suggested a difficulty Nvhich
owing words:                               might grow out of it. Suppose the case of a noSec. 11. He shall take care that the laws be mination by the Governor being rejected by the
faithfully executed.                       Senate-and where there was a failure during
The twelfth section of the report was read as the session of the Senate to agree to any nomifollow                      rt  was r      nation of the Governor. What would be the.
condition of the Governor's appointee during the
Sec. 12. He shall nominate, and by and with recess?
the advice and consent of the Senate, appoint all  Mr. GRASON thought, he said, that the suggescivil and military officers of the State whose ap- tion of the gentleman from Kent, [Mr. Champointment or election is not otherwise herein pro- bers,] would apply more properly to the fourvided for.                                 teenth than to the thirteenth section. He, [iVMr.
Mr. GRASON moved to amend the said section G, would state why the words had been insertby adding at the end thereof, the following:  ed as they stood in the report. In the Constitu"Unless a different mode shall be prescribed tion as it now  was, the commission was to be
by the law creating the office."           continued in force until the end of the next sesMr. CRISFIELD said, he had intended to offer sion of the Legislature. Judging from his own
an amendment to the same purpose. But he sug- experience, it occurred to him that it might hapgested to the gentleman from Queen Anhe's, [Mr. pen that persons thus appointed during the recess
Grason.] to substitute for the language of his might be incompetent and might be turned out
amendment that adopted in the old Constitution, by the Governor before the Legislature met, and
[which Mr. C. read.]                        some other person be appointed. This provision
Mr. GRASON said, he preferred the language of was made to enable the Governor to turn out a
his own amendment, and stated   that these person of his ow n appointment, if he should be
amendments had been prepared with g eat care found to be incompetent during the recess of the
and upon consultation with very eminent law- Legislature.
yers.                                         The next sectkon, [No. 14 ] brought up, he
Mr. CRISFIELD said, he offered no amendment. thought, the question suggested by the gentleman
He simply made the suggestion.             from Kent, [Mr. Chambers ] Under that secMr. GRASON said, he thought the object of tion some difficulty might arise. Hethought that
both propositions was the same.             the fourteenth section would present the question
The question was then taken, and the amend- more properly.
ment was agreed to                            The PRESIDENT, (p)ro tern.,) to Mr. CHAMBERS.
And the section, as amended, was adopted.  Does the gentleman move to reconsider the vote
The thirteenth section of the report was read hv which the fourteenth section had been adoptas follows:                                 ed??. 




469
Mr. CHAMBERS said it struck him that some an amendment which was substantially a copy
difficulty might occur. He took it for granted of the act of 1836.
that the intention of the Convention was, that the  The PRESIDENT, pro. tern. The gentleman
appointments made by the Governor ad interim, must move to reconsider before he can offer his
should cease with the termination of the session. amendment.
The difficulty on his mind was, that this provi-  Mr. CRISFIELD then moved to reconsider the.
sion went to continue in office the person appoint- vote of the Convention just taken on the thired by the Governor, not only until the end of teenth section, to enable him to move the followthe session, but until another appointment should ing as a substitute for said section.
be made. Of course, this was only the sugges-  The amendment of which Mr. C. intended to,
tion of the moment. So far as he could, at this offer, if the motion to reconsider should prevail,
moment, appreciate the object of the gentleman was then read as follows:
from Queen Anne's, (Mr. Grason,) he, (Mr. C.,)  "The Governor shall have power to fill any
doubted whether the language of the fourteenth vacancy that may occur during the recess of the
section controlled the language of the thirteenth. Senate, in any office to which the Governor has
In other words, he thought it was doubtful wheth- the power of appointment, by gianting a comer the fourteenth section would correct the mis- mission, which shall expire upon the appointchief of the thirteenth.                   ment of the same person or any other person, by
Mr. GRASON said that he had, in the first in- and with the advice and consent of the Senate, to
stance, misunderstood the enquiry of the gentle- the same office, or at the expiration of one calman from Kent, (Mr. Chambers.) He, (Mr. endar month, ensuing the commencement of the
G.,) now thought that there might be a difficulty next regular session of the Senate which ever
which the fourteenth section would not, as he had shall first occur.":
at first supposed, sufficiently meet. He thought  Mr. GRASON compared the section with the
that an amendment should be made to that sec- amendment as offered by the gentleman from
tion. There was now a general provision in re- Somerset, [Mr. Crisfield.] and argued that it
lation to all appointments, that the incubents was not open to the exceptions taken against it
should continue in office until their successors by that gentleman. Its object simply was, to
should be appointed. The object had been to guard against vacancies. There were some ofprevent detriment to tie public interests from  fices which it was extremely important should
interregnums, whether arising from  the re- not be left vacant.
fractory temper of the Governor or the Senate,  Mr. SPENCER could not see the difficulty in
or both.                                   this section which his friends on the other side
Mr. CRISFIELD said he had very imperfectly saw in it.
heard the remarks of the gentleman from Queen  He gave his construction of it, and submitted
heard the remarks of the gentleman from Qaeen that by looking at the bill in allits parts-by
Anne's, (Mr Grason,) but it seemed to him, (Mr. that by looking at the bill in all its parts-by
Anne's. (Mr Grason,) but it seemed to him, (Mr.          effectof one section uon the
C.,) that under the section as it now stood, the comparing the ect of one section upon th
Senate might, under sonle circumstances, be pre- other,!(noticing specially the twelfth, thirteenth,
and fifteenth,) it would be found that every obeluded from any participation in the appointing ject had been attained.
power. He supposed such a case, and asked at
power. He sucha pposed s woSuch a case, and ake Mr. CHAMBERS, of Kent, dissented from the
how such a provision would work? Such a case construction put upon the amendment by the
might occur. Under the old constitution it was cogenstruction  put upon Annes, (Mr. Spent by the
gentleman from Queen Anne's, (Mr. Spencer,)
specially guarded against.                 and submitted that the language of the section
Mr. C. read the fifteenth section of the act of did not carry out the idea of the committee; and
1836, (amendatory of the constitution,) as fol- he suggested that the whole difficulty might be
lows:    obviated by inserting after the word "office" in
"The Governor shall have power to fill any the fifth line, the words "which ever shall first
vacancy that may occur in any such offices during. occur."
the recess of the Senate, by granting commis-  Mr. GRASON replied to the objections taken by
sions which shall expire upon the appointment Mr. CHAMBERS, and expressed the opinion, that,
of the same person, or any other person, by and it was scarcely possible thatthe mischievous rewith the advice and'consent of the Serate, to the suits which that gentleman supposed might ocsame office, or at the expiration of one calendar cur from the adoption of the section could be
month, ensuing the commencement of the next realized.
regular session of the Senate, which ever shall  He, [Mr. G.,] was not disposed, however, to
first occur."                              be tenacious in a matter of this kind.
This provision, he, [Mr. C.,] thought, was  Mr. CHAMBERS,'of Kent, remarked that the
much less liable to lead to mischief than the see- amendment he had indicated, could, at least, do
tion. He had no doubt that the object of the no harm.
gentleman from Queen Anne's, (Mr. Grason,)   Mr. GRASON supposed a case in which injury
was precisely the same as that contemplated in to the public service might result from  the
the act of 1836.                           amendment, and insisted on the importance of
He thought that the section as it stood, might some provision guarding against vacancies which
be perverted-that it was open to doubt and mis- might occur from a collision between the execuo
construction, and might be construed to give to tive and the Senate. It was not likely that sunh
the Governor the exclusive power of appoint- cases would occur often; but it was wellto
ment. To obviate this difficulty, he would offer guard against the possibility of them.




470
Mr. BRENT,'Of Baltimore city, desired a re-  Some explanation followed on the part of
cnnsideration for another object.          Messrs. BRENT, DORSEY, and CRISFIELD, when
He read the twelfth section, and said, that the  Mr. )oRSEY waived his objection.
appointing power was vested in the Governor  Mr. BRENT stated that the object of his amend-:and the Senate concurrently. Now, the thir- ment was to obviate a difficulty that had arisen
vteenth section provided only for cases of vacancy under the old Constitution (referred to hereduring the recess of the Senate. But he sub. after).,mitted that a case might occur-and had occur-  Mr. CRISFIEID had not been aware, he said,
red under the old Constitution, and under the that any such difficulty had arisen under the
Constitution of the United States-where a new  provision of the old Constitution.  And he
office had been created at the end of the ses- thought that some such amendment as the gentlesion. Could the Governor fill that office during man from Baltimore city had offered, properly
the recess? As the thirteenth section now stood, guarded, should be adopted.
he could not,either under that or the twelfth sec-  Mr. GRASON expressed his regret that the
tion. To remove this doubt he should hereafter section had not been permitted tostand as amend(if the  reconsideration prevailed,) offer an ed. The section of the old Constitution retained
amendment.                                 the old debateable grounds which had been acted
Mr. GRASON said, that probably the gentleman uon in different ways by different Governors.
Ifrom Baltimore city, (Mr. Brent,) was right in As the section was now amended, he thought
bhis construction, but he, [Mr. G.,] would call that its language was not susceptible of any mistthe attention of the gentleman to the particular construction.,words of the thirteenth section.            Mr. BRENT, of Baltimore city, to show that
Some conversation followed,              difficulties had arisen on this question, read the
Tthe question was then taken,           following extract from a letter addressed to him
And the vote by which the thirteenth section by THoS. H. O'NEAL, Esq., Secretary of State:
had been adopted, was reconsidered.                           STATE DEPARTMENT, 1
Mr. CHAMBERS, of Kent, then moved to amend            Annapolis, Feb. 27, 1851.
the section by inserting after the word "office,' 5 Hon. R. JO BRENT,
in the fifth line, the words "which ever shall first  attorney General:
occur."                                      SIR:-By the direction of the Governor, I reThe question was taken, and              spectfully call your attention to the following
The vote stood ayes 33, noes 17.         point, which you will please submit in writing,
WNo quorum voting.                       at an early day:'The question was again taken, and         By the act of 1836, (arendatory of the pre-'The vote stood ayes 39, noes 21.        existing Constitution,) chapter 197, sec. 14, the
So the amendment was agreed to.          appointing power is vested in the Governor, to
Mr. CRISFIELD said, he would now  offer his be exercised by and with the advice and consent
amendment, as a substitute for the section. The of the Senate. Bythe 15th sec. the Governor is
amendment of the gentleman from Kent, (Mr. authorized to fill vacancies which may occur,
Chamsbers,) would not do away with the difficul- during the recess of the Senate.
ty, he, [Mr. C.,] saw.                       The practice heretofore obtaining in this DeThe substitute was again read.           partment, in the appointment of new Justices of
The question was then taken, and         the Peace, has been to confine such appointments,
The substitute was agreed to.            during the recess of the Senate, exclusively to
The question then recurred on the adoption of cases of  acancy; thereby seeming to view the
Rthe said substitute, as the thirteenth section of power of the Governor as limited by a strict
ithe report.                               construction of the 15th section of the act of
Mr. BRENT, of Baltimore city, said, that as the 1836, before referred to.'substitute of the gentleman from Somerset, (Mr  Notaries Public, Commissioners to take acCrisfield,) had been adopted, it would be neces knowledgments of deeds, &c. out of the State,
sary for him, [Mr. B.,] to move an amendment, Auctioneers in the city of Baltimore, and other
which he probably might not have offered, if the similar officers, created by law, come within the
proposition had been.allowed to stand in the operation of the 14th section, aforesaid; and the
original form.                             number and location of said officers, in most
Mr. B. then moved to amed said sstitute bycases, are left discretionary with the Executive.
inserting after the  ord "appointment" in the It frequently occurs that additional appointments,
fourth line, the following:                during the recess of the Senate, are required by
"O'rt line  e any.office oapim tslthe public interests, and yet it is a matter of
"Or in care any office or appointment shall doubt with the Executive as to whether or not
be created by law, and shall not be filled during he is restricted to the filling up of actual vacanthe session of the Senate."                cies, occasioned by d.sath, removal, removal out
The amendment was read, and the pending of the place designated by law, resignation, requestion was stated to be on the adoption thereof fusal to qualify, or any other recognized cause of
Mr. BRENT explained its object.          vacancy.
Mr. DoRSEY suggested that the substitute of  The extract having been read,
Mr. CRISFIELD covered more ground than the   Mr. BRENT said that the object of his amendgentleman aupposed,                        ment was to obviate this difficulty.




471
Mr. CRISFrELD moved to amend the amend- the term of which would be longer; and to proment of Mr. BRENT, by inserting after the word vide for such a contingency, he suggested that
" law," " within twenty days next before the re- the words he had designated should be inserted.
cess of the Legislature."                     Some conversation followed.
The question was then taken and decided in  Mr. GRASON had no objection, he said, to the
the affirmative, ayes 27, noes 25.         amendment, but submitted to the gentleman from
So the amendment of Mr. CRISFIELD was agreed Kent, (Mr. Chambers,) whether the word "' bito.                                        ennially," inserted after the word " appointed,"
The question recurred and was taken on the in the first line, would not answer the purpose?
amendment of Mr. BRENT,                      Mr. CHAMBERS assented.
And it was agreed to.                       On motion of Mr. GRASON, the said amendAnd the thirteenth section, as amended, was ment was agreed to.
then adopted.                                 On motion of Mr. DORSEY,
The Convention then resumed the considera-  Said section was amended by striking out in
tion of the fourteenth section.            the fifth line, the word "or," and substituting the
On motion of Mr. DORSEY,                  word "and "
Said section was amended by striking out the  On motion of Mr. CHAMBERS, of Kent,
word " and," in the first line.              Said section was further amended by striking;
And the section, as amended, was adopted.  out in the fifth line, the words "they are."
Mr. SPENCER rose to an explanation. On page  Mr. DORSEY moved further to amend said fif164 of the register of debates, he is leported in teenth section, by adding at the end thereof, the
the following words                        following:
U.  nless the appointment be made to fill a va"Mr. SPENCER explained that he, as chairman cant office, when the appointee's term shall comof the committee of ways and means, recom- mence as soon as he shall have qualified."
mended a compliance with the opinion of the  Which was read.
Governor, but the committee did not agree with  Mr. DORSEY withdrew said amendment.
him."                                        The said fifteen section was then adopted as
He was not understood by the reporter. He amended.
did not say the committee did not agree with
him. He said that the Legislature would not  The sixteenth section of the report was then
sustain him. But a majority of the committee read as follows:
were willing to go with him.                 Section 16. The Governor may suspend or arThe fifteenth section of the report was then rest any military officer of the State, for disoberead, as follows:                          dience of orders, or other military offence, and
may remove him in pursuance of the sentence of
Sec. 15. All civil officers appointed by the Go- a  cor  maria an may suance o te senee ao
shall be nominated to tea court martial; and may suspend or remove any
vernor and Senate, shall be nominated to the civil officer whose tenure of office is not placed;
Senate within fifteen days from the eommence- beyond his control by some other provision of this
ment of each regular session of the Legislature; Constitution.
and their term of office shall commence on the  Mr G   N moved to amend said section b
first Monday of May next ensuing their appoint- adding at the end thereof, the following: "or the
ment, and continue for one year, (unless they are law creating the office."
sooner removed from office,) or until their su-  Mr. CHAMBERS would enquire ofthechairma,
cessors respectively, qualify according to law.  what was in contemplation of the committee,
Mr. GRASON moved to amend the section by when in this sixteenth section they say, the Gostriking out, in the fifth line, the words " one vernor may remove all civil officers whose tenure
year," and inserting in lieu thereof, "two years." of office is not placed beyond his control by an
The question was taken, and the amendment express provision of the Constitution.
was agreed to.                               If it was intended to introduce here, or to counMr. GRASON moved further to amend the sec- tenance the practice of removal from office for
tion by striking out, in the last line, the words political opinion, he should regret the success of
" according to law."                       any such design. He had not anticipated any atSome conversation followed on the part of tempt to insert a provision, which could imply
Messrs. GRASON and DORSEY.                 the right of the executive, to remove from office,
The question was then taken on the amend- without just cause, officers who received their apment.                                      pointment from the joint action of the Governor
But no quorum voted,                     and Senate. He was unwilling to make those.
The question was again taken, and the vote who were thus deliberately appointed, and who
stood, ayes 46, noes 6.                    should prove themselves competent, and faithful,,
So the amendment was agreed to.          dependent upon the breath of the Governor. A
Mr. CHAMBERS, of Kent, suggested to the chair- power to cut short the political existence of a
man of the the committee (Mr. Grason,) to in- meritorious officer, in the midst of the term for
sert the words " unless otherwise provided for." which he was appointed, by the mere ipse dixitof
The section, Mr. C. said, was drawn upon the a party Governor, was a dangerous incentive to
theory that ail officers were appointed by the mal-administration. It should be controled.
President and Senate, and were to hold their of-  It was said the same power had been given in
fices for two years' But there might be an office the new article introduced into the Constitution




472
of 1836. If so, it still left the question now to be persons of opposite sentiments from office, and
considered, whether it was proper. But it was the common excuse set up, when enquiry was
never practically so considered. The power to made, was that it was foi cause. He had seen
remove had never been exercised, but in the case men of the most respectable standing, of the
of inferior officers, on complaint, and for mis- highest class of business men, skilful and indusconduct, or incompetency. An attempt to ex- trious, struck down, and removed, as it was alercise it, would have been visited by an indignant leged, for cause, He would say it was not for
public sentiment. A deliberate introduction now cause. The Councils of the city of Baltimore
of such a clause might possibly be regarded as have been in the practice of removing their offian invitation, or at least an inducement, to exer- cers. They are all removable by the will and
cise such an odious power, and lead to gross power of the Executive, and so it is throughout
abuse.                                     the country generally. And there was as much
He was not aware that any other portion of the money too in the hands of the city officers, who
bill had provided any adequaterestraint upon the have been removed, as can be found any where.
mischievous indulgence of this prerogation; of He liked to see a strong Executive. It was not
this, however, the chairman could inform the asking too much, to ask that eitner party should
House. Some guard ought to be introduced.  possess the power.
Mr. GRASON said, that the gentleman from   He objected to the principle of the gentleman
Kent, had commented on the power of the Pre- from Kent. The power is notonly sustained by
sident of the United States, to make removal the Constitution of 1836, but by the Constitution
from office. That subject was discussed in the of the State of 1776, and he believed that when
first Congress under the Constitution, and it was the gentleman from Kent looked back to that
then decided, Mr. Madison concurring, that the instrument, and saw what had been done by our
power of removal, if not expressly limited, was ancestors, who are so much revered by that genincidental to the power of appointment. The tieman, that he would be induced to withdraw
gentleman from Kent, contended that it was now  iis objection. He (Mr. P.) was of opinion that
proposed to confer a new and dangerous power the Governor ought to have the power to remove
on the Executive, but if he had examined our any incompetent persons. The abuse of the
present Constitution, he would have seen that power is one thing, and the existence of it for
this power had been conferred by the origi- wise purposes another. Those who to-day may
nal provisions of 1776, and had never been sub- be disposed to deny its very existence, will apsequently modified. The power of removal pro- prove perhaps to-morrow of its exercise, under
perly belonged to the Executive, in relation to a flimsy pretence of cause to justify a political
annual or biennial appointments, and if it did end.
not exist in some branch of the government, pub-  Mr. CHAMBERS said, he had not discovered the
lie officers might retain their commissions, after precise point of his remarks, to which the gentlethey had notoriously betrayed their trust, or man from Baltimore city was opposed. He did
proved themselves incompetent to the discharge not understand the gentleman to deny any one of
of their duties. He had, however, prepared an his propositions. He did not know of any inamendment for the purpose of obviating some of stance, in which the Governor of Maryland had
the objections of the gentleman from Kent.  removed a person from office.
The amendment was then agreed to.          Does the gentleman know of any case?
Mr. GRASON then offered the following amend-  Mr. PRESSTMAN replied that he did not at the
ment, (suggested to him, he said, by the explana- moment call any case to his recollection. But
tion of the gentleman from Kent, (Mr. Cham- every one knew that the existing government of
bers,)                                    the United States had removed many persons
Amend the section by striking out all after the from office. He did know cases in Maryland
word "remove," ill the fourth line, to the end of where parties had been removed on account of
said section, and insert in lieu thereof the fol- incompetence in the performance of their duties.
lowing: "all civil officers who are appointed But removals of this kind did not grow out of the
biennially by the Governor and Senate."    Constitution. The question we are discussing is
Mr. PRESSTMAN expressed his fonviction that as to the power, not its application.
after the forcible views presented by the honor-  Mr. CHAMBERS. It the Governor has ever reable Chairman of the Committee, the Conven- moved an officer before the expiration of his
tion would see the propriety of letting the sec- term, on the ground of a difference in political
tion stand without further amendment, than the sentiments, he was yet to learn the fact. With
modification which the Chairman had prepared. some acquaintance with the history of the State
On the subject of the doctrine of removal from  for the last forty years, he had no recollection of
office he dissented entirely from the view of the I such a case. The power of removal, in the case
gentleman from Kent. The power of removal, of inferior officers, as a conservative power, was
he (Mr. P.) insisted had always been in the defensible. An officer might be found utterly
hands of the Governor. It was a power which incompetent, might become demented, or guilty
every lresidentol the United States exercised of gross crime, and in such cases his removal
when he came into office. And if the power might be very proper. The original Constitution
was not in the hands or'the Executive, the effect gave the power of removal in cases wheie a civil
would be that any subordinate must remain in officer was not appointed during good behaviour,
office, whether he was able to perform the duties but in the very next section, it provided that all
or not. Each of the political parties removed I such officers should be appointed annually. The




473
remult was, that the Governor could only remove of the removal of Mr. Duane from the cabinet.
officers, who were annually appointed, and these  Under all parties from the beginning of the fedweie,f his own appointment. There was no eral government, by the elder Adams, Jefferson,
danger of removal for political opinion in such a &c., down to this day, the power of making
state of things; and in point of fact, as far as he removals from office has been exercised.
was informed, removals had only occurred in the  A. to the State of Maryland, the removals
case of justices of the peace and officers of that have not been very numerous, but the power has
grade, who had been sutject to charges for in- neverbeen doubted.
competency or misbehaviour.                   He then called the attention of the gentleman
He had heard, that at one time, the question  to the case of Col. W. R. Stewart, of laltiiirore
was mooted, whether the Governor, under the city, who was removed from the office of cornamendments of 1836 had power to remove clerksmissioner of lotteries, and stated at some length
and registers, who had beeen appointed by his the particulars of that removal.
prederessors, and whose term of office had not  The gentleman from Kent has demanded to
expired. But the attempt was not malte and he know when this power was exercised-neither
supposed never Vorld be made, because he of us have command of the files of the Executive
thought no Governor would subject himself to theChamber a this moment. He did not doubt an
just and universal ind gnalion which such an at- examination would sustain his position.
tempt must incur  He submitted to the genile-  Mr. JENIFER said:
man, and to the house, whether ary one act could  It was too late at the present day to charge
be imagined, which would occasion greater ex- upon one party or the other, removals from office
citement or greater odium throughout the length wthout cause. He believed it had long been
and breadth of the State, than that of an edict of conceded, if not a fixed fact, that political reathe Governor, revoking the commissions of the sorns are sufficient.
clerks and registers, granted by his predecessor,  He did not think that either his friend from
for no other reason but that of a difference in Kent, (Mr Chambers ) or from the city of Balpolitical opinion.                          timore, (Mir. Pesstman,) eloquent as they both
He was aware, that in the Federal gove n-were, would succeed in reversing the principle
ment, officers had been removed on such grouds. which had been in practice ever since it had
With regard to a certain class of officers such as been proclaimed, and just acted on by a distinthose representing the Governmeet abroad and gui"hed f nctiorary in a sister State, [Governor
others necessarily intrusted with the confidence Marcy, of New  York, who happened at this
of the Executive, in the discharge of such duties moment to be within the bar of the Conas were political in their nature, it might be ne- vention.]-;"]hat to the victor, belonged the
cessary. We had no such class in the State.  spoils."
The question was then taken on the amendIt was true, that when the Government was ment of Mr. GRASON,
wieldedby the powerful arm of Genfral Jackson,  And it was agreed to
appointnets were revoked, as well as made,    Th  section as amended was then adopted.
from party considerations. Some of the best and  The seventeerth section was then reLd as folwisest men in the nation resisted the power. and lows:
denied It to be found in the spirit of the Consti-  Sec. 17. The Goveror ma convee the legistution. But there was no appeal fron his decis- lature or the Senate alone. on extraordin ry ocions. It had ultimately grown into familr prac-casions; and whenever from the presence of an
tice, and it was now pursued, as much by one  nemy or from any other cause, the seat of govparty as the other. In this respect he believed ernment shall become an unsafe place for the
they were pretty much alike.                meeting of the legislature, he may direct their
He trusted never to see any such practice in- sessions to be held at sonoe other corvenierit
troduced into Maryland. As he wished never to place.
live under such a dispensation, so he must refuse  Noamendment having been cffred
his assent, to any provision in the Constitution,  The sectionwas adopted
which, by recognizing such a power, seems to  The eigheenth section was read,
invite its exercise. We rnow krow how it has   o eamendmenthavingb enoffered,wasadoptbeen elsewhere abused, and therefore how it ed i the words followin.:
may be here abused. He hoped a considera-      e.     He sallfrm    time to ime, iform
tion of the subjee-t would induce the Conventionr the legislature of the condition of the Siate, and
to shape the provision in such a way, as to secure recommend to their consideration such measures
officers, who were competent, faithful, useful, as he may judge necessary and expedient.
and acceptable to the commrrlnity, from being'he nineteenth section was rea( as follows:
sacrificed merely hecauise their best and h nest  e  9 He srall Iave power togrart reprieves
Sec 19 He shall hlave power to;lra1t reprieves
convictions led them to adopt a particular class and pardons, (except in casts ol impeachment)
of political opiniorns.                     ard to remit fires and forfeitures for offences
Mr. PRESSTMAN replied,                    against the State; butshal in every case in which
That some of the ablest statesman in the Union, he exercises this power, report to eith r branch
had maintained tlie right of the Execiltive to of the legislature, whenever required, the petimake removals from offi e. He then referred to lions, recomnmendations and reasons, which inthe advocacy of that d ctrine by Mr. Calhoun, fluence his decision.
then opposed to the administration, in the case  Mr. DORSEY moved to amend said section by
60




474
inserting after the word "impeachment," in the ded, and that the House would never consent to
second line the following:                 give the Legislature an unlimited authority to
"And in cases where he may be deprived of restrict the power in the hands of the Execusuch power by some provision of this Constitu  tive,but only in reference to the cases restricted
tion, or express legislative enactment."   in the Constitution.
Mr. DORSEY said there were some cases in   Mr. DoRsry contended that the gentleman
which he thought it indispensible for the Legis from Baltimore couty, (Mr. Rigely,) had sssumed more than he could sustain. The Govlature to hold this power  If the Legislature ernor has no costi utinal power.  e did not
should think it right to deprive the Governor of ofer his amendment with a view to deprive the
the power of extending pardon in a case where
the power of extending pardon in a case where Governor of the pardoning power. But to leave
its exercise would be injurious to the public  the pardoning powr in the same condition it alterest, it would be proper that they should have way  heretofore exited  It appeared to him
the power to do so. There ought to be this re- very important that there should be a power in
strictive power somewhere; the Constitution the Leei-lature-an authority as there always
had vested it in the Legislature, and there it heretofore had been-to restrict its abuse wheishould remain. And it was with this onvic- ever there is danger of its exercise to the pubtion that he had proposed this amendment. By lie injury. He referred to the possibility of
the Constitution of 1776, the pardoning power is abolitionists persevering in abducting our slaves
conferred on the Governor, with this express and attempting to murder their masters when
limitation; and by the act of 1782, ch. 42, this seeking to recover them, and the Governor of
power of restriction was exercised by the Leg- the State being tinctured with abolitionism, an
islature. Have your Governors of late years event by no meats impossible, under the present
become so pure, so eminently trustworthy, that mode of electing him, were induced to grant nolthey should be clothed with all powers, as well le prosequis in all such cases, would you deprive
legislative as executive? Such appears the ten- the I.egislature of the authority alwa)s heretodency of our proceedings, and of modern democ- fore possessed by it under our present constiturary; it formed no part of the democracy of tion, of prohibiting the pardoning;ower from heolden times.                               irg exerted. He insisted that in such a case, the
Mr. SPENCER stated that he had contemplated power ought to be in the hands of the Legislaan amendment in some respects similar to that ture, to restrict the Governor'.  He believed
which the gentleman from Anne Arundel had there was no danger that the power of the Legisoffered. And if the gentlemen would modify his lature would be exercise. except in extreme
amendment, by striking out the words'an ex. cases, where its neces ity was apparent.
press legislative enactment," he [Mr. S] would  The question was then talen on the first branch
vote with him. But he was not willing to give of slid amendment, being in, these words,' and
the Legislature an indefinite power to be exer  in cases where he may be deprived of such powcised at their discretion.                 er by some provision ot this constitution."
A divi-ion of the amendment was ordered.   And it was agreed to.
Mr. SOLLERS gave notice of an amendment,   The question recurred on the second branch of
which he would offer when in order.        the proposition.
Mr RIDGELY stated that if he understood the  Mr. DORSEY. This is a very important quesamendment proposed by the gentleman from   tion. I call for the yeas and nays.
Anne Arundel, it purposed to place in the hands  The yeas and nays were ordered.
of the Legislature the authority to restrict the  Mr. CRISFIELD expressed his willingness to go
pardoning power in the Governor, whenever i  forthe anedmet, if its operation was limited
to future cases.
their discretion, they may see fit to do so. II to future cases.
therefore, he understood the amendment rightly,  Mr CRISFIELD desired to ask the gentleman
if it was adopted, it would be idle to give the fromi Anne  ndelf hen cnvicted that after an
Governor the power at all. It was idle to give indivdual ad bee convicted o a crire, and
the Governor the power at all It was idle f give had gone to the penitentiary, the right of the Gothe Governor the'power to papdon offences if          p          complete     as it his
that power was liable to be restricted at the dis  vernor to pardon was ot complete?  as it p is
intention that in such a case where the punishcretion of the Legislature, who may thus entirf ly  t of the crime is inflicted, the egilatu e may
take,iway the power from the Governor. It interfere to check the pardonig power in the
would, under such a constitutional provision I e hands of the Executive?  f the gentleman from
perfectly competent for the Legislature, by a Anne Arundel would confine his amendment to
single enactment, to divest the Governor entire- such cases as mav hereafer occur, which may
ly of the pardoning power, and thus render ths arise after the passage of the act creating the ofproper constitutional prerogative a mere shad- fc, ce, he would be willing to vote for it  But
ow   He did not think the Convention was di:- without some limitation, he could not give it his
posed to give such a power into the hands of tl e support
Legislature  He concurred with the g-ntleman  Mr. GRA^ON adverted to what he regarded as
from Queen Anne's. [Mr. Spencer] in the views a defect in the amendment of the gentleman from
he had expressed. He was willing to vote for a Anne Arundel, aid ieferred to the debates in the
restricting power in the Legislature in such cases New York Convention, and the opinions expresas are specified in the ( onstituton. He ex- sed by Kent, 8I encer, and other eminent judges,
pressed a hope that the question would be deci- that the pardoning power ought to be vested in




475
the Executive, notwithstanding its liability to satisfied that the convictions were the reult of
abuse in his hands  He also took up tne Consti- p.ersecuti n and without evidence. He would
tuti: n of the United States, and read the clause discriminate too, be ween the one who gave and
which gives the pardoning power to the Presi. the leceiver of a bribe. They were g nerally
dent of the United States. This section is the i humble. poor and uneducated men, who were
same in effect, but is not so well expressed as in seduced by thetemptalions which were offered to
the Constitution of the United States. He hoped them-temptations, wlhich tinder the circumstanthe Convention would not consent to take away ces cf penury and want, thty could not resist.
the pardoning p,wer from the Governor. If he  MIr. DORSEY said, teiat he was struck with the
can pardon in cases of murder and the hghest force of the proi osilioni of tile gentleman from
crimes known to our laws, why is he not to be Somerset, (Mr. Crisfield,)' nd had modified the
permitted to pardon in cases of bribery? For it second branch of his amendment, to meet the
would be recollected, his colleague had intro- views of that gentleman. As uny legislative restricduced a restriction on the Executive power to tion, after the p.rpetration o' tie crime, of the
pardon in cases of bribery  He hoped no authori- pardoning power, would be somewhat in the naty would be conferred on the Legislature to re- ture of an ex post facto law. With reference to
strain or take away this power              the objections of the gentleman from Queen
Mr. SPENCER said he was opposed to the prin- Anne's, he would reply, and he was sure the geneiple of leaving so delicate a power to be exer- tleman from Carroll, (,ir. Brown,) would agree
cised, subject to the discretion of tl-e l.egisla- with him, there ought to be some confidence reture. He wol Id not vote for such an amend- posed in the Legislature. He lad heard of the
ment. The gentleman from Anne Arundel (Mr. pardoninrg power, or one somewhat analogous,
Dorsey) had referi ed to the possibility that some having been abused in the han s of the Executive.
abol tion excitement may spring up, and that in Even since we have met here, a case tad oecursuch contingercy, it might be important that the red, in which the Govei nor had thourght proper
Legislature should have the power to say vheth. to release the sum of eight hundrec and fifty-three
er persons engaged in it should be subjects of the dollars due on a debt to the State, from a collecpardoning power or not. There was no man, tor of taxes, thus indirectly levying taxes to that
who would go farther than he (AMr. S.) in plnish- amount upon the people, a power which he.(Mr.
ing agitators of this kind, and set he could not D..) had, under like circumstances, never heard
yield to the force of such an argument. We of, as having been exercised bel' re; and the remust remember, that this is a subject, which of currence of which he hoped the Convention would
all others is most calculated to excite feeling and take care to prevent.
prejudice. It is a charge which necessarily ex-  In the case to which he had referred, the Gocites the passions of men, and under such a state vernor could not have acted fromn any political
of feeling,'public indignation might be directed feeling, because the collector was a whig, hacked,
against an innocent man, and his conviciion be however, by an opposite and powerful influence.
the result. In such cases he preferred to leave The reasons assigned by the collector. in his apthe pardoning power in the hands of the Execu- plication for the release, was that in 1844 and
tive, who would never pardon unless he were fully 1845, when he was appointed collector, there was
satisfied that the conviction had been brought at indisposition in tax payers, to pay their taxes,
about under the influence of excitement and un- and thaat money was scarce in those years.
just prejudice. He was opposed to the amend- Every member of this body knew the indiscreet
ment of the gentleman from Anne Arundel.    manner in which the pardoning power had been
His friend and colleague, [ vr. Grason] re- exercised; and he had heard maly complaints on
ferred to his [Vir. S.'s] amendment, withholding the subject-a general desire prevailed that it
from the Executive the power to pardon in cases should be rtstrained. He had proposed no new
of bribery. He explained his purpose in offering restriction. He had left the pos er to be exacted
that amendment, and drew a distinction between  as it has existed from 1776. He did not propose
an offence committed from a sudden impulse, or to add any restriction, but would merely leave
in a moment of thoughtlessness, and a crime cool- the Governor in the position, in which he has in
ly and deliberately planned and carried out.-  been since the year since the year 1776; and yet
He had voted for the first branch of the amend- he was told that we must not touch the power of
ment of the gentleman from Anne Arundel, in the Governor; and one wvould imagine, from the
order to leave the question open to the Conven- mannter in which this declaration is made, that
tion.                                       even the Constitution itself has no power to conReferring again to the offence of bribery, he trol it. Sir, the Governor possesses no pardonstated thatit was always perpetrated with de- ing power, but as given to him by the Constituliberation  Thebribe must be deliberately of- tion. Here ilr. D  read the section from the
fered. The party offering must have previously  Constitution of 1776.
arranged his plans, sought out his object, and  Because it was supposed that this power had
acted deliberately. In no case where a man been abused, coiiplaints have been made again
calmly and deliberately conceives a crimitalpur- and again, and he knew that these complaints
pose and carries the desigq into execution, ought came from all portions of the State  He had
the pardoning power to be exercised  He was moved his proposition without reference to atny
therefore willing to restrain the Executive in political party. He had nothing to do with pollgranting pardons, in cases of convictions against tical parties. He did not care whether the Goan individual for giving bribe, unless he was vernor was a whig or a democrat. But com



476
plaints had been made, and if he was sure that left in the discretion of the Legislature to create
whig Governors would alwax s hereafter be elec- new crimes?
ted. he would still desire that he should be slb-  Mr. DORSEY replied, it was not intended to
jicted to this restriction, because the Executive confer any new power on the Legislature, but
is always in more danger of error from the infla- merely to enaile them to exercise the power
ences brought to bear on him, than from the free they already possessed.
exercise of his own judgment.                 Mr. t3UCHANAN expressed a readiness to tale
Thegentleman from Queen Anne's, [Mr. Spen- from the Executive all the patronage which decer,] was opposed,o his proposition, because he volved,,rn that department, even to the appointthinks that the excitement and prejudice in the ment of Secretary of State, and confide it directminds of the jury, when cases of a certain class ly to the people, but he never would consent to
come before them may lead to an unjust verdict, deprive the Executive of the benign prerogative
He, [Mr. D..] during the time he had been on of mercy. 
the bench, had always found juries most humane  This power of pardon, (said Mr. B.,) must
and conscintious, and he had not known of any rest somnewhere. It exists in every governconviction, not warranted by the law and the ment and cannotsafely be dispensed, with in
testimony save one. In case such conviction  any.
should take place, it was in the power of the  It has been said that punishment should tread
court to grant a new trial, and, if the court upon the heels of the transgressor, and thatto
thought the conviction improper, it was ever convict and punish the glil'y..hould be the object
r?ady to do so. But he believed the jury com- of every government  Thisis true, buta no less
p'tent to form a correct judgment from the nature importa tit object of every government, should be
of the discussions and proofs before them. But to protect, sustain and shield the innocent.
how is it with the Governor? He has not before  If the guilty alone could suffer, then, indeed,
him all the evidence which is before the Court. there  igt be some pretet for the effot to disWhat informationhe has is generally derived from  pense with the prerogative of pardon, but when
the persons convicted or his friends, who are ap- we remember the infirmities of our nature, the
plicants for the pardon, and who represent the imperfection of our laws, the difficulty of corcise in the form monst favorable to their wishes. rectly a.pply ing them, the possibility-nay, the
He thought that the Governor should use greater probability of mistake, we see at once that the
caultion and circumspection in the granting of innocent: may be involved as well as the guilty.
p.rdons. And there are cases in which the Gover- And it is, for the protection of the innocent, that
nor ought not to have the power to pardon. There the parsoniing power is chiefly designed.
are many complaints against the unqualified ex-  I repe:at, then, Mr. President, (said Mr. B.,)
ercise of the power. Some wish it to be restrict- that the pow er to pardon should rest in some deed in one case, and some in another. The Gov- partment of the government. It should rest in
ernor was generally found too ready to pardon, a depart.ment of high and undivided responsibilinot indeed so much so as a Governor of Pennsyl- ty. Whiere can it be with more propriety revania, who if newspaper statenients be true, posed th an w itt the Executive?
granted to a political favorite a pardon, for an  The C uty of the Executive is to see that the
offence Subsequently to be committed.       laws shail be faithfully executed, and that the
After a few words by Mr. BRENr, of Baltimore  adminis tration of the laws shall never become
city,                                       an engii ie of oppression.
Mr DORSEt said he had only intended to say  The   ower to pardon in all countries, rests
Ihat, under the Constitulion of 1836, Baltimore with th e Executive. In England, it belongs to
as it now is, or in a few years will be, has prac- the Cre wn. The-King by his coronation oath is
tically obtained the exclusive power to elect the bound t o exercise justice in mercy. And in that
Governor.                                   country it has been said by an able writer, that
He did not propose, he repeated, to add any there are cat es in which the exercise of the parnew limitations to this power. On the contrary, doning powe r is at once beneficial to the Crown
he increased the power in the hands of the Exe- which bestowes, and just to the party who recutive, by limiting the means of restriction in ceives it. It is in many cases the only mode in
conformity with the views of the gentleman from  which a party can be protected from the conseSomerset, [lvr. Crisfield.] He had no doubt that quences of an improper verdict and judgment.
the power would be discreetly exercised. The  In the gover nment of the United States, (said
gentleman from Baltim re said that it was not a Mr. B.,) the p ower to pardon is confided to the
sufficient reason for taking away the power be- Executive excl usively. By the Constitution of
cause it had sometimes been abused, but it was the United Stat's, the President shall have powa good restricting it; for appointing a controlling  er to grant rep Irieves and pardons for offences
authority ny which its abuse might be prevented. against the Unit'd States in all cases, except
Mr. DIaRIcsos wished to enquireof the gentle- in cases of impt %achment.  Even in cases of
man from, nne Arundel, if it was intended to treason he may  rant reprieves and pardons,
take away the pardoning power from the Exe- without control or limit. This power has been
c itive, with reference to any other class of c. imes exercised by the va rious Presidents of the Uniexcept imipeachment?                        ted Stat es ever since the adoption of the Cons!ifMr. DoRsEY replied. Where the Legislature tution.  No harm has been found to grow out of
may think it proper.                        it-nor has any effort at any time been made to
ivr. D1RmcisoN.  One other question. Is it withhold it from the.national Executive. The




477
great object of the framers of the Constitution of  But if I understood him correctly, Ve was not
the United States in confiding this power to the disposed without much restriction to vest this
Executive alone, was to consolidate responsi- power with the Executive. In a case (of clear
bility. Alexander Hamilton, says: "that as the and undoubted guilt, [said Mr. B. ] my friend, if
sense of responsibility is always strons st in pro- I understood him correc ly, would not l-ave the
portion as it is ul divided, it may be inferred that power of pardon in the hands of the Executive.
a single man would be most ready tu'attend to  That might perhaps be well if it could be surethe force of those motives which might plead for ly known when guilt did actually exist with notha mitigation of the rigor of the law, and least apt ing to allevia e. But how are we to be sure of
to yield to considerations which were calculated this undoubted, unredeeming guilt. May there
to shelter a fit object of its vengeance."  not be false accusations, perjured witnesses, misIn most ol the States of the Union, the power led juries, inaccurate judgments, inefficient counto pardon, said Mr. B., is confided exclusively to sel? May there not be mitigating, justifying cirthe Executive departments. It is irue that in cumstances?
the Constitutions of' some of the S ates, provi-  Can you imagine no case, Mr. President, [said
sions are inserted requiring the Executives to Mr. B.] in which, although the rigor of the law
report to the Legislature; but in most of the might demat d the offender, the shield of justice
States the power to pardon belongs exclusively to should protect the victim?
the executive departments.                   You cannot with safety, [said Mr. B.,] restrict
Mr. President, (said Mr. B.,) the proposition or divide this power to pardon  Under its exerhere as I understand it, is to divide the respon- cise, there is no fear that the guilty will escape.
sibiliy of the exercise of the pardoning power, And by it the innocent may be protected.
between the executive and the legislative branches  Mr. SPENCER replied that lie was always pleased
of the government. It is in effect to say to the to hear the eloquent bursts of his friend from BalExecutive, you can grant pardons and reprieves, timore county. That gentleman had kntown him
but you are to do so only in concurrence with or for a long time, and he seemed to think that he,
in suhordirnation to the Legislature.       [Mr. S.,] had lost some particles of those kind'Why is this? Why this distrust of the Execu- qualities which he had imbilbed from being so
tive? Gentlemen express the fear, (said Mr. long in instructive association with him. But
B.,) that favoritism or prejudice may find their his friend from Baltimore county did him injusway into the Executive chamber. Have gentle- tice. He, [Mr. S.,] had not deviated fronom his
men never heard of favoritism finding its way course. He had said on a former occasion that
into the halls of Legislation.  May not the there was one class of offences in relation to
Legislature be sometimes in danger of being which he would take away the power of the Exoperated on by motives or feelings inauspicious ecutive to pardn. What was that class of' ofto the just and merciful exercise of this preroga- fences? It was bribery. And his aim was to
tive. No, Mr. President, (said Mr. B,) if we prevent pardon from being extended, not to the
desire to have this power safely confided. let it person who received, but to him who gave, the
be left in the hands of the Governor to be exer- bribe. It was against the individual whose circised on his respo0nsilility alone.        cumstances placed him beyond the reach of corMr.Hamilton well says: "The reflection that the ruption, but who went about with a preconceivfate of a fellow creatures depends on the sole fiat ed purpose to corrupt others, that he would arm
of the Executive, would naturally inspire scru- the law with its utmost terrors. It was in referpulousness and caution. The dread of being ac- ence to these persons that he would withhold the
cused of weakness or connivance would beget pardoning power from the Executive. If such
equal circumspection, though of a different kind. an offence, calmly determined on, and perpetraOn the other hand, as men generally derive con- t'd with entire deliberation, were brought home
fidence from that nurnber,they might often encou- to a man, would his friend from  Baltimore
rage each other in an act of obduracy, and might county tell him, that such a man was a fit subject
be less sensible to the apprehension of censure for the pardoning power? No. That power
for an injudicious or affected clemency. On should be exercised towards those who have
these accounts one man appears to be a more eli- been inconsiderately and under some sudden imgible dispenser of the mercy of the Govern- pulses, hurried into a violation of law. This was
ment, than a body of men." This, Mr. President, the position he had taken and occupied. He
(said Mr. B.,) is the best doctrine, and an adher- would stand by that part of the amendment of
ence to it, will guard us against difficulty and the gentleman from Anne Arund. I, which redanger.                                    stricts the pardonling power in all cases provided
t A word only, (said Mr. B.,) to his friend from  in the Constitution. But he would never give his
Queen Anne's, (Mr. Spencer,) and he would vote for the second branch which gives the Lehave done. That gentleman and myself, have gislature unlimited authority to restrict this powformany years borne the most intimate and friend- er in the hands of the Executive in relation to
ly relation towards each other. A kinder heart other cases.
does not animate a human bosom than does his.  Mr. DonsEY, by consent, modified his amendAnd yet, Mr. President, (said Mr. B.,) it seem- ment to meet the view of Mr. CRISrIELD, by aded to me, that to-day, an entire change came over ding the words "passed before the perpetration
the feelings of my friend. Of all men else I of the crime."
should have ca!culated on him to battle for the  Mr. SOLLERS, (to the Chair.) Is it in order
privilege ofpardon, for the prerogative of mercy. to move the previous question?




478
The PRESIDENT, pro tern. It is.          been obtained by a young lawyer, who died very
Mr. SOLLERS demanded the previous question. suddenly, escaped from the law, and an imputaThere was a second. The main question was tion was cast on the reputation of the oung gen-,ordered to be now taken, (being on the second tieman who had obtained the judgment, that he
branch of the amendment of Mr. DoRSEY,) in had received the money from the forger and dis-these words, "or express legislation passed before sipated it.
the perpetration of the crime"               That was the reason for the amendment which
The question was then taken, and the result he had proposed requiring the publication of the
was as follows:                            names of the signers of petitions asking for the
lffirmative-Messrs. Blakistone, President, pro pardon of criminals.
tem., Dent, Hopewell, Chambers of Kent, Don-  Mr. JENIFEP referred to a case of a different
aldson, Dorsey, Wells, Randall, Kent, Dalrym- character, to show that such publication might
pie, Bond, Sollers, Brent of Charles, Crisfield, act injuriously.
Hodson, Sprigg, Bowling, and Davis-18.       The question was then taken, and
Negative —Messrs. Ricaud, Lee, Jenifer, Bu-  The motion to reconsider was agreed to.
chanan, Bell, Welch, Chandler, Ridgely, Lloyd,  The Convention then adjourned until to-morDickinson, Sherwood of Talbot, Dashiell, Hicks, row at ten o'clock.
Eccleston, Constable, Miller, McLane, McCubbin, Spencer, Grason, Dirickson, McMaster,
Fooks, Shriver, Gaither, Biser, Annan, Sappington, Stephenson, McIHenry, Magraw, Nelson,
Hardcastle, Gwinn, Stewart of Baltimore city,
Brent of Baltimore city, Ware, Schley, Fiery,
Neill, John Newcomer, Harbine, Michael New-         WEDNESDAY, March 12th, 1851.
comer, Kilgour, Brewer, Weber, Hollyday, Sli-  The Convention met at 10 o'clock
cer, Parke, Ege, and Brown-51.               Prayer was made by the Rev. Mr. GRAUFF.
So the last branch of the amendment was re-  The journal of yesterday was read, and, after
jected.                                     being amended,
The question then recurred on the section as  On motion of Mr. CRIsFIELD, by substituting
amended-and it was adopted.                the word "recess," for the word "adjournMr HOLLERS, (who had called the previous ment," in the amendment offered by him, was
question under a misunderstanding of its effect,) approved
desired to offer the amendment of which he had
given notice.                                             DOORKEEPERS.
Mr. DONALDSON [with a view to offer amendments contemplated by him] moved a re-consid-  Mr. SAPPINGTON submitted the following oreration of the vote just taken.            der:
Mr. DIRICKSON asked the gentleman to state  Ordered, That a select committee be appointed
twhat the amendments were,                  and instructed to enquire and report to this House
Mr. DONALDSON explained,                 whether or not it would not be expedient to disThe question was stated to be on the motion charge some of the doorkeepers and committee
to reconsider.                             clerks.
Mr. JENIFER said:                          On motion of Mr. SAPPINGTON, the special
committee was ordered to consist of three memHe should oppose the motion to reconsider, bers.
notwithstanding the disposition he always felt to  Mr. MAGRAW moved to lay the order on the
show courtesy to gentlemen in motions of this table.
kind.                                        Mr. SAPPINGTON asked for the ayes and noes,
Hfe thought that the Convention, so far as it  And they were ordered.
had gone, had shown too great a disposition to  The question was then taken on the motion of
restrict the Executive, and to take away from  Mr. MAGRAW, to lay the order on the table,
him powers which belonged to him, and which when it was decided in the negative, as follows:
the interests of the State did not require should.firmative -Messrs. Blakistone, President. po
be lodged elsewhere. It seemed as if the Con- ten., Dent, Hopewell Ricaud, Lee, Chambers,
vention d esigned to make an automaton of the of Kent, Donaldson, Kent, Dalrymple, Sollers,
Governor, and nothing more.                Brent, of Charles, Jenifer, Chandler, Dashiell,
Mr. SeOLLERS said:                        Hicks, Eccleston, Sprigg, Bowling, Grason,
That if the gentleman from  Charles, (Mr. Dirickson, McMaster, Annan, Magraw and KilJenifer,) thought that he wished to strip the Ex- gour-24.
ecutive of any power,he was mistaken. He did  ANegative.-Messrs. Dorsey, Wells, Sellman,
not belong to that new fangled school which Lloyd, Dickinson, Sherwood, of Talbot, Chamwent for cutting down every thing. His only bers, of Cecil, Miller, McCubbin, Spencer, Shriobject was to guard the power against abuse. He ver, Gaither, Biser, Sappington, Nelson, Hardthen stated a case of extreme hardship, in which castle, Gwinn, Stewart, of Baltimore city, Brent,
the executive had been deceived by numerously of Baltimore city, Ware, Schley, Fiery, John
signed petitions from  Calvert, into granting a Newcomer, Harbine, Michael Newcomer, Brewnolle prosequi, by which a man against whom a er, Weber, Hollyday, Slicer, Parke, Cockey and
suit and judgment for the crime of forgery had Brown-32.




479
So the Convention refused to lay the order on  Referred to the select committee already apthe table.                                 pointed on that subject.
The question was then taken on the adoption
of the order, when it was decided in the affirma-ITTEE OF ACCOUNTS.
tive.                                        Mr. WELLS from the committee on accounts,
So the order was adopted.                submitted a report, accompanied by the followThe PRESIDENT, pro ter., then appointed Mess- ing resolution:
rs. SAPPINGTON, ANNAN and HICAUD to compose  Mr. WELLS, chairman of the committee on
the committee under said order.
accounts, submitted the following report:
On motion of Mr. RICAUi, he was excused      cots, submitted thefo    llowng  report
The committee of accounts respectfully report
from serving on said committee.                            eained    he  accopanyin
And Mr. icsoN wasappointed in his room. that they have examined the accompanying
And Mr. DIhiCKsoN  was appointed in his room. claims numbered 1, 2, 3, 4, 5. 6 and 7, amounting
Mr. DIRICKSON asked to be excused from servto the sum of $357 52, and recommend the adoping on said committee.                     tion of the subjoined resolution.
Mr. BROWN moved to reconsider the vote by  ion of the suboined resairution.
which the order had been adopted. He then
withdrew the motion.                         Resolved, That the accounts herewith filed, be
Mr. SOLLERS renewed the motion to reconsid- paid by the orders of the President of the Coner.                                        vention, on the Treasurer of the State, in favor
Mr. SAPPINGTON asked for the ayes and noes, of the persons entitled to receive the same, for
And they were ordered.                   the amounts due to them respectively.''he question was then taken on the motion to  Which was twice read and adopted.
reconsider,                                          EXECUtIVE DEPARTMENT.
And decided in the negative, as follows:
d d   i  s f   On motion of Mr. GRASON, the Convention re3f:irmative.-Messrs. Blakistone, President pro
/fTrm ive.-Messrs. Blakistone, President pro sumed the consideration of the orders of the day,
tem, Dent, Hopewell, Lee, Dalrymple, Sollers, being the report on the executive department.
Brent, of Charles, Jenifer, Buchanan, Welch, 
The quesmion being on the nineteenth section
Dickinson, Sherwood, of Talbot, Colston, Da- as amended,
shiell, Hicks, H'dson. Eccleston, Chambers, of as am
Cecil, Tuck, McCubbin, Bowling, Grason, Dir-  Mr. SOLLERS moved to amend said section by
ickson, McMa ter, Annan, Magraw, Gwinn, striking out from the word "case," in the third
Stewart, of Baltimore city,     a, Prestman,Ware, line to the end of said section, and inserting in
Kilgour, Waters and Brown-33.              lieu thereof, the following:
AJegative -Messrs. Ricaud, Chambers, of Kent,  "Before he exercises the power of granting reDonaldson, Dorsey, Wells, Randall, Sellman, prieves and pardons, cause to be published at
Bell, Charndler, Ridgely, Crisfield, McCullough, least thirty days in some newspaper published at
Sprigg, Spencer, Shrive, Gaither, Biser, Sap- the seat of government, and n some newspaper
pington, Nelson, Hardeastle, Schley, Fiery, published in the county where the person petiNeill, John Newcomer. I arbioe, Michael New- tiuning for a reprieve or pardon resides, if there
comer, Davis, Brewer, Weber, Hollyday, Slicer, be any, the petition of such person, and thenames
Parke and Cockey-33                         of all persons signing such petition, and the pubSo the motion to reconsider was not agreed tolication aforesaid shall be made at the expense of'
Sthe State, or the party petitioning as the GovAnd the question being on the motion of Mr. ernor may determine."
DvRicgsoN to be excused from serving on the
DIRlcKsoN to be excused from serving on the   Mr. SOLLERS said, it was that reprieves and
committee, it was decided in the affirmative.  rdo  had been sometime s ranted iproperly;
pardons had been sometimes oranted improperly;
On motion of Mr. ANNAN, he was excused because petitions, numerously and respectably
from serving on said committee,            signed, had been sent to the Governor, on which
Mr. BISER presented a petition of two hundred he had decided the case without much examinaand eighty-six citizens of Frederick and Wash- tion. It may be that persons will be more cauingtn counties, remonstrating against the crea- tious in signing such petitions, if it be required
tion of a new county from parts of the aforesaid that the petitions and signatures shall be pubcounties.                                  lished.
Which was read and referred to the committee  ir. RIDGELT did not think the amendment
on new counties.                            would reach the object which the mover intended. It gave the right to pardon, in the first
place, and provided for the publication of the peMr. CHAMBiRS presented a petition of sundry titions afterwards.
citizens of Cecil county, praying that provision  Mr. SOLLERS modified his amendment to obmay be made in the new Constitution,to prevent viate this objection.
the s le of intoxicating liquors, except the same  Mr. BREWER suggested the possibility of no
shall be approved of by a majority of the votes in newspaper beirg published in the county. He
the election district where the same is to be sold; therefore moved to amend the amendment, by in-.
and                                        serting these words, "and if there be no newspaMr. MAGRAW, presented a petition of sundry per in said county, then a copy of said petitions,
citizens of Harford county. of a similar import. together with the names of the petitioners, to be
Which were severally read, and           set up at the court house door of said county."




480
Mr. PRESSTMAN suggested that the party might his associates were arrested. He had himself
be sent to the penitentiary, before the Executive granted a volle prosequi, in a case of this kind,
could issue the pardon. It would be better to at the request of the President of the Frederick
grant the pardon before the accused is subjected  county Bank.
to the ignonminy of going to the penitentiary.  Again, a person, perhaps a female, suffering
There might be a provision that the court should from cold or hunger, might steal as much wood
delay the sentence, until the decision of the Exe- or provisions as would  upply their immediate
cutive on the case should be known.         wants. There might be casesof this kind, in
Mr. SOLLERS replied that the ignominy was not which the court and jury and the whole commuin the punishment, but in the conviction. He  nity would invoke the pardoning power  Why
thoughtt -uch a case would beof rare occurrence. should there be a necessity for keeping such an
If there wa~ any disposition to grant a pardon, offender in prison to await the publication of the
the Executive could issue a respite.        namvs and petitions?
Mr. STEWART, of Baltimore city, suggested to  There was another class of cases-the escape
the gentleman from Montgomery, (Mr. Brewer,) of a slave from his owner, is made felony by an
the propriety of withdiawing his amend,ent. He act of assembly. If arrested and committed to
was satified from the information before the jail, he cannot be delivered to his master without
committee on printing, that there was no county  a nolle proscqui, which is usually granted on conin which there was not a newspaper printed.  dition of his being sent out of the State. In such
Mr BREWeR then withdrew his amendment. cases, why should any delay or expense be inMr. PRESSTMAN suggested a modification of curred, by a publication of the names and petithe amendment, by adding at the end thereot, the tions in the newspapers?
following:                                    Mr. SOLLERS said:
"Ard that sentence of the court shall not be  The objection of the gentleman from Queen
executed where the court is satisfied that the con- Anne's was based on the ground of inconvevicted party has applied for Executive clemency, nience. The object of the amendment was to
until the Governor shall have acted upon the ap- guard against the escape of criminals from punplication."                                 ishmeit by means of petitions, which did not emMr. SOLLLERS was about to accept, when    body the public sentiment and came from irreMr. TucK suggested, before the gentleman from  sporisible sources. By such means many a crimCalvert, accepted the modification, the propriety inal may go "unwhipped of justice," especially
of so amending the amendment as to make it read  on the eve of an election. He desired to prevent
that the party shall have previously applied for a this evil, by requiring the publication of the
pardon and notified the court of such applica- names of those who signed such petitions.
tion.                                         Mr. BRENT, suggested that tihere should be a
Mr. KiLGOUR said there might be cases of provision for the publication in a Baltimore pawrong which would not be reached by the amend- per, and that it should not be confined to a paper
ient as it stood. He moved the following printed in Annapolis.
amendment:                                    He hoped the gentleman from Calvert, would
"Amend, said amendment by inserting af- agree to introduce after the words "if theie be
ter the words'signing such petition," these any," the words "or elsewhere in the discretion
words'unless recommended for pardon by the of the Governor.a
court and jury before whom convicted."        Mr. SLLERS accepted the amendment and
SMr. SOLLERS accepted the amendment of the modified his amendment accordingly.
Mr. GwINN offered as a substitute for the said
gentleman from Baltimore city, and modified his amendment, the fol
amendment accordamendmenmendment, the follhwing:
amendment accordingly.
The question was then taken on the amend-   "And the Governor shall before proceeding to
ment offered by Mlnr. KILGOUR, and it was re- grant any pardon or nolleprosequi, (unless where
ipjected. o e b  Mr K     R adiwsre         the same is'granted for reason of public policy,)
jeMr. GRASON obected to the amendment of give a reasonable notice of the application of
M r. GPASON objected to the Intendment   of such patdon or nolle pros, qui, alnd of the grounds
the gentleman from ('alvert, which required the such p the sa or   le  s   and of te grounds
publication of the names of all who signed peti-  which the said pardon or  e prse    is
tions for pardon. Applications of this kind were prayd
often made in letters, which sometimes had more  Mr. GWINN said:
influence than the names attached to petitions.  That he thought that the Governor should be
He objected to the publication, on account of tie required to give a reasonable notice of such apdificulty and expense. In the case of Turner, it plications, but that it was improper to fix tie
was understood that t e petitions were signed by precise period which should be required for such
three thousand persons. It would take several notice. It would necessarily vary according to
numbers of the largest newspaper to contain the circumstances.
names and petitions in t at case. There might  If the offence were newly committed, in a
be cases in which it would be improper to pub- thickly settled community, the briefest notice
lish the names.                             would suffice to excite public attention, and to
A person committing a crime, might' be will- prevent imposition upon the:xecutive, or upon
ing to give testimony against his accomplices, the prerogative of pardon. But in other cases,
on condition of'first receiving a nolle prosequi, where the neighborhood was sparsely  t ttled, a
and of not being publicly known as a witness till greater length of time might be required.




481
Again, this right of pardon does not extend to by inserting after the word "pilrdons," in the first
recent cases only, but to offences long since com- line, the words "after conviction."
mitted. After an individual has been some years  He said, every one must acknowledge that the
in the penitentiary, he is to some extent lost sight power of granting pardons before trial and conof in the community. If an application is made viction, was liable to great abuse; but to his
in his behalf, the lapse of time, the death of wit- mind the abuse of it seemed so certain and the
nesses, the forgetfulness of men, would make it benefits derived from  its used, so insignificant,
impossible to act upon the case with the same that he thought it ought to be entirely taken
facility, as if he were recently arraigned or cor- away. The power of pardoning after convicvicted. In allthese different cases, the degreeof tion he would still retain. There were many
notice varies with the particular instance brought cases where it could be used beneficially, and the
to the consideration of the Governor, and it cause of justice was in fact promoted by its judishould be left to his conscience to determine what cious exercise. It was sometimes necessary to
was sufficient information to the public. After protect innocence against the prejudice and exall he must finally determine for himself; and, cited pass ons which have usurped the place of
however strong the resistance may be, he can judgment; facts might cometo light after convicunder the power granted, exercise his discretion. tion, which if known before trial, would have proIf the object is to make him amenable to public duced an acquittal; a man might be technically
opinion, the end will be accomplished by that guilty of a criminal charge, and yet the circumcommeit, which must ensue, if the notice of ap- stances might be such as would make it unjust or
piication, which he directs, should be irfsufficient peculiarly harsh, thathe should suffer the penalty
for public remonstrance.                   by law affixed to that crime; and the subsequent
There is no reason to prescribe the way in conduct of a convicted man might be such as to
which this notice shall be given. It is not proper call for some mitigation of his punishment. This
to say that it shall he in a newspaper only, reserved power of mercy in the Executive, when
because in thinly settled sections, the end may properly exercised, gives greater certainty to the
be attainable only by proclamation. The Gov- administration of justice by our courts and juries.
ernor will always conscientiously determineupon Even that power should be more checked, than
the means, which are sufficient to inform the it is by the sections under consideration, and he
pulblic of the application made for clemency. proposed, if not cut off by the previous question,
The question was then taken, and the substi- to offer another amendment, requiring the Gotute of Mr. GWINN was rejected.            vernor to report all these cases to the Legislature,
The question recurred on the adoption of the whether called upon or not. But in regaid to the
amendment, as amended.                     amendment now proposed, he, would say, that he
Mr. SPENCER moved for a division of the ques- did not know of a case in out present state of
tion, (upon striking out,) which was ordered.  society in which a pardon, before conviction,
And the Convention refused to strike outt.  would be productive of any benefit worth estimalMr. GWINN then read a substitute which he ting, when compared with the evls arising froun
proposed to otier.                         the exercise of such a power. The only just
Mr. SOLLERS  referred to a class oif thieves ground forexercising the power, was for the pioagainst whom he was anxious to guard. They   etion of innce   nce A   hat   innocent man,
were the receivers of stolen tobacco; and were wn suspicion is once ataneahe   to his name,
well known to the Executive Department. He would not court, rather than evade a trial
evidence enough, of whatever sort, could be proreferred to a case in wvhich one of these depreda- evidence enough, of whatever sort, could be rotors, whose guiltn was notorious, who had got up duced aogainst him to cause a grand jury to pretors, whose guilt was notorious, who had got up set him a fair, and ope trial was his only proa petition to the Governor, and obtained a nolesent him a fair, and open trial was his only proa petition to the Governor, and obtained a nolle tection fromnthe tongues of calumny. If a false
prosequi, when, had the fact of his appliationy. If a alse
been known in his neighborhood, every respect- and  alicious acsaton could be entirely smothable person there would have petitioned against ered by a pardon, then there might be some reait. Worse than that, this man wi,s afterwards son for retaining the poer, but the slightest
made a justice of the peace. He desired to pro- whisper of such a charge is caught up by the
pu nblic press and spread far and wide. in these
tect the Governor against these deceptions.  public prss and spread far and wide.  ese
A  times,there is no power to seal the accuser's lips,
After a    iew explanatory remarks beteen h  and le who seeks, by tie interposition of the
Msubsttte ofthC latterNN,   efeece to the Executive, to shield himself fron trial, fires on
arGi       meisubstittte of the latter,  his character i stain that cannot be effaced.
1Mr. GWINN moved his substitute, when       l    )Mr. D. called u(pon those who opposed this
Mr. BRENT asked for the previous question.  amendment, to state the cases which justified
The previous question was then ordered.   such an interposition, that they might be tested,
The question-was then put on the substitute of- to see whether there was any thing to outweigh
fered by Mr GWINN, and it was negatived.    the great public policy of permitting the adminisrhe question recurring on the amendment of tration of justice to take its course until judgMr. SOLLERS, as amended,                    ment was rendered. This is a matter in which
Mr. SPENCER moved for a division of the ques- all good citizers ar"e deeply concerned, and the
tion.                                       manner in which the pardoning power had been
The question was then put on striking out, and abused, is a subject of general complaint. To
it was, decided in the negative-ayes 27, noes 29. place these restrictions upon it, would be a reMr. DONALDSON moved to amend the section form which might not commend itself to the poli61




482
ticians, but which certainly would be acceptable against unfounded imputations. He had no doubt
to the people. They are willing that mercy that the gentleman from Anne Arundel wished to
should temper justice, hut not that justice should improve the section, but the amendment was
be superseded in her office.                calculated to produce an opposite effect, and the
Mr. D. said, in conclusion, that the great ma- Convention ought to consider it carefully before
jority of State Constitutions contained the quali- they adopt it.
fication he now proposed to attach to the pardon-  Mr  PENCER was opposed to the amendment
ing power, and in many States it hadbeenin force of the gentleman, (Mr. Donaldson,) because it
for a great number of years.               would deprive the Executive of the power to
Mr. GRASON, in reply to the urgent call of the grant a nolle prosequi. He was disposed to leave
gentleman from Anne Arundel, for reasons,would this attribute ultouched in the hands of the Ex
say, that if "reasons were as plentiful as black- ecutive. He had no doubt that the power is liaberries," it was notpleasantto give them on com- ble to abuse, but it often happens that truth
pulsion. He would, however, state such as oc- comes to light after trial and conviction. He
curred to hin. Suppose a man bears a chal- stated the case of a man who was convictlenge, and the fact is admitted and known to ed of an offence and was recommended by the
every one, would it be necessary to have a trial, jury to mercy. But the Governor happening to
as the gentleman suggests, if the circumstances be present at the trial, was thoroughly convinced
were such as to justify a nolle prosequi?  Would of his guilt. A new trial was granted in conseit be necessary to pay counsel for defending him  quence of some irregularity in the indictment,
from a'charge which he admitted to be true? and some lost evidence which the man on his
Take another case-a poor woman may be keep- first trial urged, would prove his innocence if it
ing house, without a particle of fuel to protect could be found, having come to light, his entire
herself and children from the cold, and may take innocence of the crime was proved. Numerous
a few sticks of wood under the pressure of abso- cases of this kind were always occurring to relute want. The circumstances may be known quire the exercise of this important power in the
to all, and all may wish the Governor to itnter- hands of the executive. He could call the attenpose; but the gentleman from Anne Arundel tion of the Convention to other cases. Take a
would have her imprisoned, and subjected to the man whose character stands well, he did not
delay and torture of a public trial, in order that mean of adventitious character, but one moving in
the Governor should be prevented from abusing any sphere of life, esteemed fo, his general ami4his powers. Numerous cases might be stated, bility of demeanor, throw him suddenly into a
but as the gentleman had only asked for a single scene of strong excitement, where he is suddenly
reason, it was needless to say more on this point. provoked by some violent attack on his honor,
Mr. G. then read an extract from a speech of and, under a momentary provocation, he seizes
Chancellor Kent, on the subject of pardons. He a stick and inflicts a blow which fatally wounds
was aware that the Governor might err in exer- the traducer of his character. Public sympathy is
cising this pover, and sometimes in not exerci- with him, but he has violated the law. In such
sing it. He believed that he had himself erred in a case would you deprive the Governor of the
several instances, in which he had refused appli- power of granting a nolle prosequi, when it is
cationsforpardon. Lawyers and judges seemed known that he must otherwise be brought to
to think that the real facts of a case can only be trial, and that the facts being proved in evidence,
ascertained by a trial before the court and jury; he must be convicted? Would you say he should
whereas it was notorious that material fact,, not be pardoned before conviction? Would you
which were known to the whole community, and compel him to s'and in the felon's box, to hold
which would decide the guilt or innocence of a up his hand like a felon, and be consigned to a
prisoner, were shut out by the rules of evidence  felon's doom? He would leave the power where
or concealed by the prevarication of witnesses. It has always been. He could cite cases of a
Gentlemen seemed to believe that courts and school master, a parent, a master of a family,
juries could never be deceived in the investiga- inflicting incautiously a blow which inadvertently
tion of a criminal offence; and that it was pre- caused death. Yet every one knew that nothing
sumption in the Executive to look behind the re- could be further from the intention of the parent,
cord for mitigating circumstances.  He could andthe effect of that blow would be to carry
state a number of cases to show the incorrectness that parent in sorrow to his grave. And would
of such an opinion. He had another objection to vou add to his agony by making him stand in the
the amendment of the gentleman from Anne Ar  felon's box?
undal. The amendment requires the Governor   Mr. BRENT, of Baltimore city, asked for the
to report every case to the House of Delegates. previous question.
Suppose a runaway slave to be arrested, and a  The previous question was ordered.
nolleprosequi to be granted at the instance of the  Mr. DONALDSON asked for the yeas and nays,
owner-what advantage could be derived from a which were ordered.
communication of the facts to either branch of  The question was then taken on the amendthe Legislature? The bill now provides that ment of Mr. DONALDSON,
every case of pardon shall-be reported, with all  And decided as follows 
the petitions and reasons, whenever required by  iftfirmative.-Messrs. Lee, Chambers, of Kent,
the Senate or House of Delegates. He wished  Donaldson, Dorsey, Wells, Randall, Kent, Solthe Governor to have an opportunity of giving lers, Crisfield, Dashiell, Hicks, Eccleston, Mchis reasons, for he could then justify himself Master, Gaither, Davis, Weber and imith —17.




483
Jegative.-Messrs. Blakistone, President, pro portant one and many gentleman wished to have
tem., Hopewell, Ricaud, Sellman, Brent, of it acted on.
Charles, Jenifer, Buchanan, Bell, Welch, Chan-  Mr. DORSEY read the following amendments
dler, Ridgely, Lloyd, Dickinson, Sherwood, of which he proposed to offer when he could have
Talbot, Chambers, of Cecil, McCullough, Miller, the opportunity:
McLane, Bowie, Tuck, Spiigg, McCubbin, Bow-  Article. " Tile Governor shall in no case reling, Spencer, Grason, Dirickson, Fooks, Biser, mit any portion of the principle or interest of any
Annan, Sappington, McHenry, Magraw, Nelson, debt due to the State, except in cases of fines and
Hardcastle, Gwinn, Brent, of Baltimore city, forfeitures."
Presstman, Schley, Fiery, Neill, John Newcom-.rt. "It shall he the duty of the Governor
er, Harbine, Michael Newcomer, Kilgour, Brew- semi-annually, and oftener if he deem it expedier, Waters, Slicer, Parke, Cockey and Brown-  ent, to inspect the bank book, books of accounts,
51.                                         and other proceedings of the treasurer."
So the amendment was rejected.              Mr. BowIE hoped the bill would be gone thro'
The question then being on the section,   before we go back.
Mr. SPENCER asked for the ayes and noes,    Mr. GRASoN was satisfied that the bill would
And they were ordered,                   not be gone through in two days. And on SatThe question was then taken and decided, as urday the House will be too thin to take any imfollows:                                    portant vote. He had notified the Convention on
J.lirmnative.-Messrs. Blakistone, President, pro Saturday that he would call up this section on
ter., Dent, HIopewell, Ricaud, Sellman, Dal- Tuesday or Wednesday.
rymple, Sollers, Brent of Charles, Jenifer, Bu-  Mr. JENIFER thought it would expedite busichanan, Bell, Welch, Chandler, Lloyd, Dickin- ness to go through the bill first.
son, Sherwood, of Talbot, Chambers, of Cecil,  Mr. GRASON supposing the gentleman from
Miller, McLane, Bowie, Tuck, Sprigg, McCub- Ch-rles had not heard him, repeated what he had
bin, Bowling, Spencer, Grason, Dirickson, Me- said.
Master, Fooks, Shriver, Biser, Annan, Sapping-  Mr. SPENCER asked for the ayes and noes on
ton, Magraw, Nelson, Hardcastle, Gwinn, Stew- the motion,
art, of Baltimore city, Brent, of Baltimore city,  And they were ordered.
Presstman, Schley.. Fiery, Neill, John Newcom-  The questior was then taken on the motion of
er, Harbine, Michael Newcomer, Brewer, Hol- Mr. GRASON,
lyday, Slicer, Parke, Cockey and Brown-52.    And decided as follows:
N'egative.-Messrs. Lee, Chambers, of Kent,.ffirmative-Messrs. Jenifer, Bell, Welch.
Donaldson, Dorsey, Wells, Randall, Kent, Cris- Dickinson, Sherwood of Talbot, Chambers of
field, Dashiell, Hicks, Hodson, Eccleston, Gai- Cecil, Spencer, Grason, Shriver, Biser, Sappingther, McHenry, Davis, Waters, Weber and ton, McHenry, Nelson, Hardcastle, Gwinn,
Smith —18.                                  SteWart of Baltimore city, Brent of Baltimore
So the the nineteenth section was adopted.  city, Ware, Neill, John Newcomer, Harbine,
Mr. GfRASON moved that the Convention pro- Michael Newcomer, Brewer, Weber, Hollyday,
ceed to the consideration of the second section, Slicer aid Parke —28.
which was passed over on Saturday last in con-.egaetive-Messrs. Blakistone, Pres't, pro. ten.,
sequence of the absence of the gentleman from  Dent, Hopewell, Lee, Chambers of Kent, DonPrince George's, (Mr. Sprigg.) The Conven- aldson,Dorsey, Wells, Kent,Sellman, Dalrymple,
tion was now as full as he expected it would be BrentofCharles, Lloyd.Crisfield, Dashiell, Hicks,
during the rest of the week.                Hodson, Eccleston, Miller, McLane, Bowie,
Mr. CHAMBERS said that the vote of a full House Tuck, Sprigg, McCubbin, Bowling, Dirickson,
would be required for the adoption of this sec- McMaster, Fooks, Gaither, Annan, Schley,
tion, and unless the House was full, a motion to Fiery, Davis, Kilgour, Waters, Smith, Cockey
reconsider would be made after every important and Brown-38.
question was voted on.                        So the Convention refused to take up the seMr. DORSEY said he had risen to give notice cond section.
of some amendments which he proposed to offer  Mr. DORSEY moved to amend the report by inas additional sections. He did not know what serting the following as the twentieth section.
objection the gentleman from Queen Anne's     Section 20. The Governor shall in no case recould have to hear them read. He did not care' mit any portion of the principal or interest of any
about pressing them now.                    debt due to the State, except in cases of fines and
Mr. GRASON said he had no objection to hear forfeitures."
them.                                         Mr. D. disclaimed any intention to occupy the
The PRESIDENT pro tern. Does the gentleman time of the Convention. The object of the
offer his amendments now, or only give notice of amendment he had now offered was to restrict
his intention to offer them hereafter?     the Governor from granting releases to collecMr. DORSEY said he would rather move them  tors, for their neglect of duty in not collecting
now.                                        and paying over public taxes as required by law;'1he PRESIDENT pro tern. The gentleman from  the granting of such releases operating as an in.
Queen Anne's has precedence.                ducement to collectors as well as tax payers. not
Mr. GRASON repeated that the House was as to pay with the promptitude and punctuality
full now as it had been for some weeks, or as it which were essentially necessary. Itwould also
may be again. The second section was an ima-tend to a postponement of the payment of the




484
public debt, and the granting of such a release,  The twentieth (printed) section being under
was in its effect, to the extent of the sum re- consideration,
leased, equiva ent to a new levy of taxes upon the  Mr. GRASON said, there was a section in the
people.                                    legislative report, nearly the same in effect as
he hoped that every effort would be made to this section. He, therefore, moved to strike out
render the present tax system  effective. Ift the the section.
proposition which he now offered were adopted,  The motion was agreed to,
there would be some reasonable prospect of the  And the twentieth section was stricken out.
payment of the public debt in twelve or fourteen  The twenty-first section being under consideryears. But if the proposition were rejected, he ation as follows:
could not foresee at what period the debt would  "And the Governor hall resdet the seat of
be paid.
be paid. -                                   "And the Governor shall reside at the seat of
The question was then put, and           government, in order that he may constantly atThe amendment was adopted as an additional tend to the duties of his office, ant shall receive
section.                                   for his services an annual salary of four thousand dollars."
Mr. DORSEY then moved further to amend theN m                d to s    e o  t 
report, by inserting the following as the twenty- tionMr. DIRCd to strie out t he foll
first section:                             t    and insert in lieu of, the following:
"Section 21. It shall be the duty of the Gover-  Section 21 The Governor shall be in attendnor semi-annually, and oftener if he' dee  it ex- ance at the seat of government during the sespedient, to inspect the bankl book, books of ac- sions of the legislature of the State, and shall re.
countp and other proceedings of the Treasurer." ceive for his services an annual salary of two
thousand dollars."
Mr. D. said, one of the objections made to bi-  lr.D  made some remarks which will be
ennial sessions was, that the treasurer would not published hereafter.
be called on to report the state of the treasury as  Mr. GRAsoN desired, before the amendment
often as he should, and that this might lead to proposed by the geitleman from Worcester was
frauds or malversation in office.           received, to move an amendment, by striking
The amendment provides that the Governor out the following words in the section, "in order
shall semi-annually inspect the bank book, books that he may constantly attend to the duties of
of accounts and other proceedings of the treasu- his office."
rer. The duties thus imposed on the Governor  Mr. JENIFER was opposed to the amendment
were neither inappropriate nor onerous. N oth- of the gentleman from Worcester, (ilr. Diricking then can be done by the treasurerover which son.) At the very moment when we have impothe Governor will tl)0l exercise a supervision, sed additional duties on the Executive, by requirmore effectual than that resulting from annual ing him to examine the bank books, and in other
sessions of the legislature.                respects also, he thought it wrong to reduce his
The money is deposited in the Farmers' Bank salary.  The people have already expressed
of Maryland, arnd tie Governor will be subject- their approbation of a rate of salary suitable to
ed to no serious inconvenience in the duty now  the dignity of the office and the character of the
assigned him. And if the treasurer should corn- State. He desired to give to every man a salary
mit any abuse of his trust it will be detected. in proportion to the importance and value of the
The Governor will have sufficient leisure for this office he fills. And it is proposed further that
inspection, and its exercise would supersede the the Governor shall remove his residence from
necessity of appointing a comrptroller at a salary this city. He would warn the gentleman from
of $3,000, as is proposed in the report ofthe Worcester against touching Annapolis, endeared
committee on the treasury department. If we as it is to the citizens of this State by its halloware to have a comptrollerforthepurposes propos- ed associations. Let the Governor act as he
ed in the report, the treasury must be removed feels disposed. Give him an adequate salary,
to the city of Baltimore.                   and leave him free to do as he will. He was
The question was then put, and            opposed also to the amendment offered by the
The amendment was adopted as an additional gentleman from Queen Anne's.
section.                                      Mr. DoRSEY intended to move to amend the
Mlr. TucK moved to amend the report, by in- substitute of the gentleman from Worcester, by
ser.n ThCK mov ed to amend thw report, by se- striking out the words "during the sessions of the
setting the following as the twenty-second see- -git               n
~~tios~~~~~jn:g  f w  ite        Legislatire of the State," and inserting in lieu
thereof the f,,llowing words, "during the session
"Section 22. Before granting any pardon or of the Legislature, and in the recess thereof be
itolle prosequi, the Governor shall cause such no. in the city of Annapolis, during the first week of
lice as he may deem  expedient, by publication  every other month of his term."
in some one or more newspapers, that an appli-  Mr. D. went into a brief explanation of the
cation has been made, and that the same will be duties of the Governor, and stated that they were
considered on or after a day to be named in said not such as to require his constant residence at
notice."                                    Annapolis.
Mr. 1'. defended his proposition in some re-  The question was then put on the amendment
marks which will be published hereafter.    offered by Mr. GRASON, and it was adopted.
The question being put,                     The question being on the amendment submitThe amendment was agreed to.              ted by Mr. DORSEY,
td bY.!r. Doent




485
MIr. BISER moved a call of the House. The ernor to reside at the seat of government. In
salary of the Governor was before the Conven- the commencement of our government, the Govtion, and when it was formerly under considara- ernors lived in Annapolis, but in the course of
tion he happened to be absent trom his seat; and time, they generally remained at their private
it had given him so much trouble to explain the residences during the recess of the Legislature.
reason of his absence, that he was desirous to This was, the custom till the law of December
prevent other gentlemen from having the. same session, 1837, required the Governor to reside
trouble.                                    at the seat of government. He then enumeraMr. SPENCER hoped the gentleman from Fred- ted the various duties of the executive. The
rick would withdraw the motion, as it would only  mere examination of claims and accounts against
lead to a useless consumption of time.      the State occupies considerable time. While
Mr. BISER said he had shown as little disposi- he [Mr. G,] was in office, no account was paid
tion as any one to consume the time of the House until it received his examination and approval;
by useless notions. He then withdrew his mo- and he had no doubt that the investigation and
tion.                                       rejection of improper claims, had saved more to
Mr. SPENCER expressed his hope that the Con- the State than the whole amount of his salary.
vention would not specify any particular time A dutyof this kind could not be performed by
when the Governor shall be in Annapolis, and the Governor if he remained at his own resithus leave the inference to be made that it may dence during the recess of the Legislature.
not be necessary for him to be here at all times.-      m       t 
Mr. BROWN moved the previous question.
Mr. DORSEY was of opinion that itis necessary  Mr. MCHENRY asked for the ayes and noes on
forthe Governor to be here, while the Legisla- the motion, and they; ere ordered.
ture is in session. But in the recess of the Legislature, he did not think it necessary. It is  Mr. BROWN then withdrew his motion.
known that he has heretofore occasionally been  Mr. DIRICKSON addressed the Convention. His
absent for a week, or perhaps a month, at a time, remarks will be published hereafter.
so that his duties do not compel his constant pre-  Mr. BRENT of Baltimore city, was opposed to
sence, yet you require him to he here at all times the introduction of Yankee notions into a Maryready to discharge his duties. He has to dis- land Constitution. This is a Southern State,
charge the functions of his office; and whether and he never desired to see her Constitution
he performs the duty here or while he is absent framed with a view to small economy, but to
from  Annapolis, is of no consequence. It is principles.  The gentleman from Worcester
rather to be preferred, that he should not give says he is a reformer, and he calls on all rcfor.
hasty opinions and decisions, as soon as business mers to unite with him in whittling down the
is brought before him; but that he should take a salaries of our public officers. But he would tell
a little time for deliberation, before he replies to the gentleman from Worcester, that the people
applications, and his replies, if he is absent, can of Maryland want no penny wise policy. The
be transmitted through the Secretary of State. issue presented, is non-residence at Annapolis,
There have been complaints, that although the and low salary, or residence and fair salary;
Governor may reside here, he is not to be found whether the public duties shall be neglected at a
at the Government house. It is with a view to small cost, or whether they shall be faithfully
relieve him from these complaints, and to fix performed foradequate compensation. He would
where and when he may be found, that this suppose that his friend from Worcester should
amendment is offered. He wvill, perhaps, ha-e some day be clothed with this honor, and a murlewer duties toattend to after the new Constitu- der, startling the whole community, like that
tion is established. And if he attends here dur- recently committed in Kent county, had taken
ing the first week in every month, after the leis- place, and it was necessary that a reward should
lative session terninates, it will be quite suffi- be offered for the detection of the murderer withcient.
~~ci~en ~t..~.~. out delay, would he like that the messenger from
Mr. BRENT, of Baltimore city. If a requisition Kent count  should be hunting for him among
should be made on the Executive by the Go- his friends in Worcester, to issue the proclama.
vernor of another State, is the messenger to be tion andin the mean time the murderer should
compelled to run all over the State to find him? make his escape? Or, if requisition should be
Mr. DORSEY. There will be no occasion for made on him by the Governor of another State,
that. The mails travel very rapidly. It is not would it be proper to be running all through the
necessary that -he Governor should remain here State to find the Governor, before any step could
on that account. Sometimes these requisitions be taken? And as he understood the proposition
call for deliberation, which causesdelay. And it of the gentleman from Worcester, it was to reoften occurs that it is necessary for the Governor duce the salary of the Governor to two thousand
to take legal advice upon the subject, and some dollars.  Where would the gentleman from
days may elapse before his opinion can be ob- Worcester find a competent person to take the
tained. He did not tink the salary of the Go- labor and responsibility of the office for that
vernor should be fixed so high. as to make the sum  He hoped no such proposition would find
office desirable for the sake of the emolument. favor with the Convenion.
Therefore he held it to be proper to reduce it.  Mr. DIRnCKsoN said it would be the very way
Mr. GRASON would first consider the question, to get a fit person to take the office.
whether the public interest required the Gov.  Mr. SoLLERS did not approve such notions as




486
those thrown out, by the gentleman from Wor-  The twenty-first section of the printed report
cester, who stands forward here as the friend of being under consideration, and the question bethe sovereign people, a large portion of whom  ing on the motion of Mr. DORSEY, to amend the
are poor. In England, where the institutions are amendment to the section submitted by Mr.
aristocratic, and where the wealthy only obtain DIRICKsoN. by striking out "during the sessions
public employments, it may be very proper to of the legislature of the State," and inserting in
cut down salaries. But here the very object of lieu thereof, the following:
giving salaries sufficient to support those who are  "During the session of the legislature, and in
in office, isto prevent the poor from being ex- the recess thereof, be in the city of Annapolis,
eluded.                                    during the first week of every other month of his
Mr. DIRICKsoN asked whether two thousand dol- term."
lars, and a residence wherever the home of the  Mr. STEWART, of Baltimore city, moved acall
Governor may be, is not equal to four thousand of the House;
dollars, and a residence during the whole year in  Which was ordered.
Annapolis.                                    Pending said call,
Mr. SOLLERS resumed. The people ask for no  Mr. DORSEY withdrew his amendment.
such reduction of salary. Let the gentleman   Mr. FIERY moved to suspend all further protake off the two thousand dollars from the salary, ceedings under the call,
and how far would it relieve the people of the  But thle motion was decided in the negative.
State of their burdens? How much would it di-  The PRESIDENT,pr. tern., informed the Conminish the annual taxation? Something is due vention that the doorkeepers had returned, and
to the dignity and character of the State. It was reported that they had notified the absent mer.an expression of public sentiment which caused bers.
the salary to be raised.                      The question then recurred on the amendment
The gentleman from Worcester said, that, in submitted by Mr DircKso N.
Mr. PHELPS asked for a division of the amendhis county the people asked for a reduction of  ntd that the vote be first taken on inserting
tihe salaries of public officers. In my county, ment, and that the vote be first taken on inserting
(thesal    aries of pblic officers t. Imy coun these words,"'the Governor shall be in attendance. S) nt a mn d s i       at the seat of government during the sessions of
Mr. BUcHANAN desired to say but three words the legislature of the State."
to put himself on the recerd. It was clear to  Mr. DIRICISON asked for the ayes and noes on
him that the G/overnor of Maryland ought to re- both branches,
side at Annapolis-that he ought to be a gentle  And they were ordered accordingly.
man, and that he should receive a salary sufficient  Mr. IHELPS withdrew his motion for a divito support the dignity of the, office. Admitting sion of the amendment.
all these propositions, he should go for the high-  M. DIRICKSON renewed the motion.
est salary.                                   The question was then taken on the first branch
Some further remarks were made by Messrs. of the amendment.
SOLLERS and FIERY at a late hour.             And it was decided as follows:
Mr. [)RICKsoN briefly explained..aiffrmative.-Messrs. Lee, Dorsey, Dalrymple,
Mr. KILGOUR moved that the Convention ad- Bell, Lloyd, Dickinson, Sherwood, of Talbot,
journ.                                      Crisfield, Dashiell, Eccleston, Dirickson, McThe motion was decided in the negative, Master, Fooks, Gaither, Sappington, Nelson,
when                                        Carter, Hardcastle, Schley, Fiery, John NewOn motion of Mr. MAGRAW,                  comer, Harbine, Davis, Brewer, Slicer, Smith,
The Convention adjourned.                 Cockey and Brown-28..Negative.-Messrs. Blakistone, President, pro
ten., Dent, Hopewell, Chambers, of Kent, Mitchell, Donaldson, Wells Randall, Kent, Sellman,
A"_ _2~""~~"c —        Sollers, Brent, of Charles, Buchanan, Welch,
Chandler, Williams, Hicks, Hodson, Phelps,
Chambers, of Cecil, Miller, McLane, Bowie,
THURSDAY, March 13, 1851.      Tuck, Grason, Shriver, Riser, McHenry, Magraw, Gwinn, Stewart, of Baltimore city, PresstThe Convention met at ten o'clock.        man, Ware, Kilgour, Waters, Weber, Hollyday
Prayer by the Rev. Mr. GRAUFF.            and Parke-37.
The journal of proceedings of yesterday, was  So the first branch of the amendment was reread and approved.                         jected.
The   SECRETARY   announced that Messrs.    The question then recurring on the second
BRENT, of Charles, and CRISFIELD, were appoint- branch of the amendment, as follows:
ed members of the special committee ordered on  "eAnd shall receive for his services an annual
yesterday in relation to doorkeepers, in the room  salary of two thousand dollars,"
of Messrs. DiRICKSON and ANNAN, who had been  Mr. CRISFIELD asked if it was not a motion to
excused from serving.                       strike out and amend.?
EXECUTIVE DEPARTMENT.              The PRESIDENT, pro tern. It is.
Mr. CRISFIELD then asked for a division of the
The Convention resumed the order of the day, question, so that it may be first taken on striking
being the report on the executive department.  out.




487
Mr. MITCHELL wished to give a reason for his apprehended, must be received with many grains
vote. He carre here with a view tothe retrench- of allowance, nor are they so numerous as to
ment of unnecessary expenditures. He was a make it necessary to give an increased salary,
reformer. He had heard it said that the first and to require a constant residence here, in order
gentleman in the United States is Millard Fill- thatthe Governor may be enabled to perform this
more   Now he wished to make the Governor duty. He could notunderstand:what great numof Maryland a gentleman of the first class. He her of accounts there could be. There can be
would therefore give him a high salary that he no money drawn from the treasury, unless it has
may be so.                                 been previously appropriated by law, and if the
Mr. DIRICKSON withdrew the second branch of Governor has other accounts to pay, which are
his amendment, and moved to amend the twenty- not the subjects of specific appropriation, but are
first section by striking out the words "four paid out of the contingent fund-the fewer they
thousand," and inserting in lieu of them, the are the better. But if there are these accounts
words " two thousand."                    to settle, it is better that they should not be paid
Mr. CRISFIELD asked for a division of the ques- too hastily; but that they should be subjected to
tion and that it be first taken on striking out.  as much delay as is necessary for their full and
Mr. DORSEY moved to amend the twenty-first deliberate examination.  Applications, in the
section by inserting after the wod "go;erument," absence of the Governor, may be always sent to
in the first line, the following wor's, "daring the Secretary of State, or may be forwarded to
the sessions of he General Assembly, and in the the Governor himself, and he can direct the Serecess thereof, shall be in the city of Annapolis cretary of State to pay attention to them. And
during the first week of every other month ot his as to the individual who traveled from Allegany
term."                                     bare-footed to see the Governor, there would be
Mr. JENIFER said it would be necessary, he no new difficulty thown, in the way of such perpresumed, in order to comply with this provision, sons, by the adoption of this amendment, which
that the Governor should carry a reporter about would only require of the person a change in the
with him to make a record and report of all his time, or direction of his journey.
movements.'In relation to the public debt, he desired to,
Mr. DORSEY replied that the amendment gives say, that from information which had come to his;
public notice of the times at which it is the duty knowledge since that subject was discussed here,
of the Governor to be at the seat of government. he had reason to believe that the debt will not be
It did not appear to him to be necessary that the paid offso soon as some gentlemen seem to have;
Governor should always reside at the seat of imagined  Their calculations were based on the
government. From the foundation ef our State assumption, that the debt could be all bought up
government in J776 until 1836, he was not corn- at par. But the gentleman frem Carroll, told us
pelled to have his residence here. But in the that the debt could only be purchased at a preyear 1836; this new duty was unnecessarily im- mium, and such was unquestionably the fact. In
posed on him. The Governor needs not to be al- that case the money in the treasury will not be
ways at Annapolis. He did not wish, in the least sufficient to pay the debt at the time anticipated.
degree to detract from the manner in which the And if we, with this fact before our eyes, sitting
gentleman from Queen Anne's, (Mr. Grason,) here as a Convention to form a Constitution, inhad performed his duty while he was Governor. crease the salaries of our public officers, we shalt
But the executive chamber wa's a warm, com- still further protect the payment of the debt. He
fortable room, well supplied with the newspa- had about as much southern feeling as he desired
pers, books and documents, and had always a to have, but he had no wish to expend the public
good fire in it, and he thought that the walk to it money, for the mere purpose of showing our
every morning was but necessary exercise, and ostentatious hospitality. If the Governor thinks
to sit there a few hours daily, was no great sacri- it proper to give entertainments, he can pay for
fice, and that the daily visits to it by the Go- them out of his salary. But it would be wrong
vernor, would have been paid if business did for this Convention, by sanctioning this practice,
not require them.  As to what was said by to hold out encouragement to extravagance. He
the gentleman from Baltimore about the mur- liked to see the Governor hospitable; and he had
der in Kent county, he, (Mr. D.,) thought the no doubt that his frierds from Baltimore, where
delay and trouble of getting a proclamation is- money was plentiful, and he supposed easily acsued might be as great, in cases of this kind, if quired, as a thousand dollars was no more thought
the Governor, though required to reside here of than as many cents are in the country,
constantly, but is occasionally absent, or if he is would be ready enough to vote him the largest
only here at stated intervals. He knew it was salary, as the means of keepingup expensive hosthe opinion of some that the Governor should be pitalities. But it ought to be remembered, that
always on the spot. But what would be the throughout the country, at present, there is a
great inconvenience if the business was sent, or great amount of poverty and distress. He did
persons had to go, to Frederick, where th6 home not know, if salaries were to be increased, why
of the present Governor is, or to Easton, where  the increase should be confined to the Governor.
the ex-Governor lived. The only object is, that The judges have as good a claim to share in the
the people might know where he is to be found, benefit of the operation. The judges of the
then no inconvenience can result.          courts of appeals have far more incessant labor
It is said there are'many accounts which re- to endure-more responsible duties to perform.
quire to be examined daily. This statement, he For every thing that could elevate the value of




4S8
Their services, their claims to adequate salary, 1 entitled to it, if it be true, as is said of him here,
are not inferior to those of your C overnors; yet that he represents the people of Maryland, more
the claror of your self-sacrificing, patriotic fully than the General Assembly. He was
electioneering politicians, has been that the ex- against trusting to much power in the hands of a
pense of your judiciary is inexordinately high single individual, or idolatrously worshiping or
and ought to be reduced for the sake of the'dear eulogising him because he was Governor, or for
people."                                    the purpose of obtaining an office. He would
The Legislature are the peculiar guardians of much rather trust to the General Assembly, the
the public purse, They come here biennially fixing of the salaries of all public officers. He
from the people, and return to them again, for thought that under his amendment, the Governor
the most part for re-election. They bring with may live more economically, and that we may
then the views and wishes of the people, and re- obtain better men, who will consent to take the
turn to them responsible for their conduct. We, office when they are not bound to live during the
on the other Iand, iever expect to come here: to whole term in this city. As the sessions of the
another Convention; therefore we stand, in a Legislature are not to extend beyond sixty days,
measure, independent of and not responsible to the Governor will not be compelled to be in Anthe people. He would rather leave it to the napolis but a short time, and therefore his salary
Legislature to fix the amount of salaries. The may be reduced below what it is in the report,
salary of the Governor was raised by the without injury to him.
Legislature to $4200. But afterwards, when the  Mr. BnowN said, that he had never heard the
attention of the people was called to the subject, salaries of the judges complained of. He had
it was reduced to the sum of $a200. For aught been attacked for voting to raise the salary of the
that he knew, it might be the wish of the people Governor; and a person had come to him, and
that it should so remain, and to them only be- offered to do it for $1600 a year. The people of
longs the right to change it. He was disposed, his county did not wish to interfere with the
therefore, to leave the salary to be fixed by the salaries of the judges. Their desires ran in anLegislature, who were far more economical and other direction. They only asked that the judges
mindful of the wishes and interests of the people, may be elected by the people. They were opthan this Convention, of which he had the honor posed, as he was, to all life offices.
to be a member.                       o       Mr. DORSEY said if the people of Carroll were
to bepl to the e  eak   mad   o  not sensitive, at the time the gentleman referred
In reply to the disparaging remarks made of to, onn he subject of the salaries of the judges,
the New England States M'lr. D. spoke in terms they have  come so ince, if the information he
of the highest eulogy of the condition of the New  hadon the subect was correct.
England States, and described the impressions  Mr GRAsoN would state the reasons which inmade upon him, by an observance of their wealth, duced the committee to fix the salary of the Govtheir superior intellectual acquirements, their re-ernor at four thousand dollars. He had yesterfinement and habits mingled with a system of day spoken of thetnecessity for the residence of
economy, their morality, their commercialenter- the Governor at Annapolis.  The gentleman
prize their system of common schools and the fom  Anne Arundel has replied, and he, (Mr..immense number of their churches,in 1807, when                    ds n answer to what
G.,) would say a few words in answer to what;he traveled through that country on horseback, had been said by that genleman  ormerly, i
for the benefit of his health; and during his slow  consequence of the continued absence of the Govand entire journey, from, Marblehead to Balti- ernor, a steward was employed, at a salary of two
more, he never saw a drunken man, and gave his hundred dollars, to take charge of the Governors
opinion that the people there were in advance of house and furniture. But notwithstanding this,
us in intelligence, in morality, and in all the con- it   found that many things were lost in convelietices and comforts of life at least- being a sequence of the negligence of the steward or the
century ahead of ile people of the Soath, and depredations of other persons. (n this account,
even of those of old Maryland.              as much would be lost by the absence of the
Mr. SOLLERS asked if this happy condition of Governor as would be saved by a reduction of
New England, resulted from the abolition of sla- his salary. It was admitted by all, that the salaYery?                                       ry ought to be sufficient for the dignity of the
Mr. DoRSeY said he believed not.          station. The committee wished to allow a liberMr. SOLLEPRS. The northern people say so.  al compensation, not for the purpose of encourMr. Don.sEY supposed that the gentleman from  aging extravagance, as many supposed, but to
Calvert, did not intend to endorse all northern enable the Governor to pass through his term of
opinions. He then proceeded to remark on the office without impairing his private resources.:attacks which had been made on the judiciary, The salaries in Wisconsin and Indiana had been'on account of their extravagance. He had heard referred to as the proper standard, but what
that a distinguished politician on the Eastern might be sufficient in those remote States, where
Shore, had declared that five hundred dollars living was cheap, would be inadequate in Mary-'was salary enough for any man. He had heard land, where it had always been the custom to exthat a gentleman, a memberof this body, not very tend the hospitality of the Government House to:.far from him, had asserted that the judiges are visiters from every part of the State as well as
now paid too much. We shall make a bad be- from foreign countries. This custom has existed
ginning of our reforms, if we raise the salary of too long to be disregarded; and if the gentleman
the Governor. It may be, however, that he is from Washington, who wishes to reduce the




489
salary to f2000, were placed in the executive  Mr. TUCK would not prolong the discussion.
chair, he would find it impossible to resist the He believed that the opinion of the Cionvention
example of his predecessors. No G6vernor can was that the salary of the Governor sho6ul:lb
save any thing out of his salary.,Whatev   liber al and that he should reside in Annapolis.
receives, is distributed in some form or other He moved theprevious question.
among the people of the State. But the gentle-  Mr. CHAMBERS requested the gentleman from
man from Anne Arundel complains of the heavy Prince Georges to withdraw the motion for a
taxes under which the people are sufferin'g, andi moment to enable him to offer an amendment.
desires to relieve them from their burdens byCK waived the motion for t      moment.
TMi. TucK waived the motion for the moment.
taking away a part of the Governor's salary  Mr. CHAMBERS then moved to amend the secThis would, indeed, afford considerable relief,  Mr. CHAMBEmS tn move to amndthe secas it would appear, by an accurate'calculation  on bysrkng oufour tousan," and insertthat each tax payer would save annually atleast ing in lieu thereof thirty-six hundred."
one-fifth of a cent. But a few weeks ago;/the  The previous question was then seconded.
gentleman viewed our system of taxation in a  The question being on the first branch of the
diFerent light. He then described the prosperity amendmient on striking out,
of the State in glowing colors; and spoke of the  Mr. SAPPINGToN called for the ayes and noes
alacrity with which the people of every county, on the question, and they were ordered.
arid especially of his own district, paid their tax-  The question was then put on striking out,
es; and of the regret they would feet at any re- and decided as follows:,
duction of their burdens till the public debt was.entirely extinguished. The gentleman compares  AfmntDv-Messrs. Dent Lee, Chamers,
the salaries of the executive and judges, and,              lrympe Brent of Chales
course, is of opinion, that the superior abilities y, Dickinson, Sherwood, of Talbot Cisof the latter entitle them to a higher compensa- field, Dashell, Williams, Eccleston, Phelps
tion. Admitting this superiority, in deference to Dicksn, McMaster, FooksShriver, Gaither,
the gentleman from Anne Arundel, itf must be Biser, Sappington, Nelson. Carter, Hardcastle,
remembered that judges have been appointed for Schy, Fiery, John Newcomer, Harbine, Davis,
life, and have never been under the necessity of Brewer, Weber, Slicer, Smith, Parke, Shower
increasing their expenses, or changing their rei- and Cockey-35.
dence; whereas the Governor is elected for a  Negative-Messrs. Blakistone, President, pro
short time, ard subjected to great additional ex- tem., Hopewell, Mitchell, Donaldson, Wells,
penses, which do not always cease with a termi- Randall, Kent, Sellman, Weems, Sollers, Jenination of his salary. And what, after all, is a fer, Buchanan, Bell, Welch, Chandler, Hicks,
salary of $4000. The clerks of many of the Hodson, Chambers, of Cecil, Bowie,Tuck, Gracounties receive as large a compensation, and son, McHenry, Magraw, Gwinn Stewart, of
the cashiers of banks half as much, without be- Baltimore city, Brent, of Baltimore city, Pressting under the necessity of increasing their ex- man, Ware, Kilgour, Waters, Hollyday and
penses or neglecting their private business. Why, Brown-32.
then, should we reduce the compensation of the  So the motion to strike out was agreed to.
Governor, whose salary is expended in hospitali-  The queston was then put on the motio  of
ty, while the profits of other offices are added Mr. CHAMBEBS to insert $3,600, and it was deto the private fortune of the incumbents.'The  as follows
Governor of V aryland is exposed to an expense,
from which the Governors of other States are  Afrmative-Messrs. Blakistone, President,
exempt. Ships of our own navy, as well as for- pro temn., Dent, Hopewell, Chambers, of Kent,
eign vessels of war, frequently anchor in Anna- Mitchell, Donaldson, Wells, Randall, Kent, Sellpclis roads; and whatever might be the opinion man, Weems, Sollers, Brent, of Charles, Jenifer,
of members, the peopleof the State expected the Buchanan, Bell, Welch, Chandler, Lloyd, Dick.
hospitality of the State to be exercised on'every inson, Sherwood, of Talbot, Hicks, Hodson,
such occasion, and that the Governor should in- Phelps,Chambers, of Cecil, Miller, BowieTuck,
cur'the necessary expense. The gentleiman from  Grason, Shriver, Biser, McHenry, Magraw,
Calvert, (Mr. Sollers,) had clearly shown, that Gwinn, Stewart, of Baltimore city, Brent, of
a material reduction of the salary.would exclude Baltimore city, Presstman, Ware, Kilgour,
men of limited means from the office. The pro- Brewer, Waters, Hollyday and Brown-43.
position to reduce the salary to $2000, ought to  Negative-Messrs. Lee, Dorsey, Dalrymple,
be entitled a bill to prevent a man, without a Crisfield, Dashiell, Williams, Eccleston, Dirickfortune, from being Governor of the State.  son, McMaster, Fooks.Gaither, Sappington, NlIMr. PHELPS vindicated the partoftheEastern  son, Carter, Hardcastle, Schley, Fiery, John
Shore, which he represented from the charge of Newcomer, Harbine, Davis, Weber, Slicer,
desiring to establish the doctrine that five hun- Smith, Parke, Shower and Cocey-26.
dred dollars was a sufficiently high salary for  So the blank was filled with "thirty-six hunany public officer. He and his collea'gues were dred"
in favor ot the reduction of the number of offi-  The question then being on the adoption of the
cers, but they were equally in favor of giving section as amended,
sifficient compensation to those who were neces-  Mr. DIRdiIKSON asked for the ayes and noes on
sar.y.                                     the question, and they were ordered.
62




490
The question was then taken and decided as Gubernatorial chair, which he now fills,'thought
follows:                                  that 2000 dollars was a sufficient salary for the
Affirmative-Messrs. Blakistone, President, Governor of Maryland, and 1000 dollars enough
pro tern., Dent, Hopewell, Chambers, of Kent, for the Secretary of State.
Mitchell, Donaldson,Wells. Randall, Kent Sell.  He (Mr. D) had only risen to present this
man, Weems, Sollers, Brent, of Charles, Jenifer, recorded evidence of the opinion of the present
Buchanan, Bell, Welch, Chandler, Lloyd, Dick- Governor of Maryland,which certainly ought to
inson, Sherwood, of Talbot, Crisfield, Williams, be entitled to some weight; and he commended
Hicks, Hodson, Phelps, Chambers, of Cecil, Mil- it to his friends, who now thought that the salary
ler, Bowie, Tuck, Grason, Shriver, Biser, Mil of the Governor ought to be fixed at 4000 dollars,
Henry, Magraw, Gwinn, Stewart, of Baltimore and the salary of the Secretary of State at 1500
city, Brent, of Baltimore city, Presstman, Ware, dolars  He would not further occupy the time
Kilgour, Brewer, Waters, Hollyday and Brown of the Convention.
K our, BrewerWates H y ad        Mr. DORSEY did not think this a proper triVegative —Messrs. Lee, Dorsey, Dashiell, bunal to fix the compensation for the Governor.
Eccleston Dirickson, McMaster, Fooks, Gaith- It was a fit subject for the Legislature to act on.
Eccleston, Di Nickson, McMaster, FHardcastle  He thought that the sum now fixed was exceser, Sappington, Nelson, Carter, Hardcastle, sive  The gentleman from Queen Anne's [Mr.
Schley, Fiery, John Newcomer, Harbnd e, Web  Grason] had stated that a good deal of public
er. Sheer, Smith, Parke, Shower and Cockey-  property had been taken away fromn the Governo.e    s.    ment House when in charge of the steward,
So the 21st section as amended was adopted.  by visiters in the absence of the Governor and
Mr. DORsEY moved to reconsider the vote just his family. If so, that was the fault of the Govtaken, for the purpose of moving to amend ernor. He ought to have selected a more vigithe section as follows-to strike out in the third lant steward, who would have taken more care
line, an annual salary of "thirty-six hundred dol- of the property. We ought not to set up the
lars," and insert in lieu thereof the following Government House as a palace open to public inwords: "as shall hereafter be prescribed by the spection; and the Governor should have placed
Legislature."                              the charge of the property in more faithful hands.
Mr. DAVIS said, he felt no particular interest The people would not be willing to pay a negliin the exact amount at which the Governor's sal- gent steward, nor a Governor who neglected his
ary might be fixed, but it seemed there were duty. He did not think the Government House,
gentlemen now occupying high positions in the in the absence of the Governor and his family,
State, who had felt an interest in the subject-  ought to be thrown open to visitors to inspect it,
whose aspirations and success showed that they and as is alleged, abstract or destroy its furnihad felt an interest in it —and who had taken oc. ture. The gentleman from Queen Anne's also
casion to place upon record their opinion as to says that he took great care of the public properwhat the exact amount ought to be. He held ty and plate, and handed it over to his successor.
in his hand the Journal of the House of Dele- But it ought to be known that in most cases,
gates of December session, 1845, at which time either from wear and tear, or from some other
Mr. Lowe, the present Governor of Maryland, cause, it passed into the hands of the successor
was a member from Frederick county.        in a worse condition than if it had even passed
Mr. MCHENRY called Mr. DAVIS to order.   through the hands of the steward. And the accounts of the Treasurer will show that the apMr. DAVIs. The gentleman from    Harford pounts of the Treasurerwilsho  h   the rnment
will please to reduce his point of order to wri- House ave been larger isince the Governor has
ting.                                      I-louse have been larger si.ce the Governor has
ting.                                      been compelled to reside here, than they were
Some conversation followed, and          before. It appeared, therefore, that the resiWhile Mr. McHENRY was reducing his point dence of the Governor here had increased, not
of order to writing, the chair decided Mr. DAVIS diminished, the appropriations after every new
to be in order.                            election of a Governor.
Mr. DAVis resumed: All he had proposed to  Mr. SHRIVER asked what the course of Mr.
do, he said, when interrupted, was to read from  Lowe in 1845, had to do with the question bepage 327 of the Journal of the House of Dele- fore that Convention?
gates where it would be seen, the report from  Mr DORSEY said, that as the legislaturehave
the Committee on Retrenchment being under had the power to raise the salary of the Govelconsideration, and the question being upon the nor, they ought also to have the power to reduce
section fixing the Governor's salary, that Mr. it. Ought they not to have the power to diminLowe moved to strike out 3000 and insert 20rt0. ish it? He thought the vote should be reconThe question was taken by ayes and noes, and sidered that the matter may be left to the legis,
resulted as follows: Ayes53, noes 21-Mr. Lowe lature.
voting in the affirmative. At a subsequent   Mr. GRASON said, he had voted for the $4,000,
period of the consideration of that report, the and he had also voted for $3,600. The legislature
section fixing the salary of the Secretary of State could not raise or diminish the salary after this
being under consireration, Mr. Lowe moved to provision shall have gone into operation. We
strick out 1200 dollars and insert 1000-deter- have provided that members of the legislature
mined in the affirmative. So it seemed that Mr. shall receive four dollars a day. He thought it
Lowe, who doubtless then looked forward to the better that the provision should remain as it is.




491
Mr. DoRSEY asked for the ayes and noes on   "In all cases where the Governor has the powthe motion to reconsider,                  er by the Consttu1ion or laws to make any apAnd they were ordered.                   pointment to office, or in case any vacancy shall
Mr. SMITH gave notice that he would move occur during the recess of the Senate, in any ofhereafter to reconsider the vote by which this fice to which the Governor has the power of apsection was adopted, for the purpose of taking pointment, he shall have power in the recess of
the sense of a full House as to the reduction of the Senate to make such appointment or fill such
the Governor's salary.                      vacancy, by granting a commission which shall
The question was then taken on the motion to expire upon the appointment of the same person
reconsider,                                 or any other person by and with the advice and
And decided as follows:                   consent of the Senate, to the same office, or at.lffirmative-Messrs. Lee, Dorsey, Crisfield, the expiration of one calendar month ensuing
Dasiiell, Eccleston, Dirickson,  McMaster, the commencement of the next regular session of
Fooks, Gaither, Sappington, Nelson, Carter, the legislature whichever shall first occur."
Hardcastle, Schley, Fiery, John Newcomer,    Mr. CRISFIELD made some remarks, which will
Harbine, Davis, Smith, Parke, Shower and be published hereafter.
Cockey-22.                                    The twenty-second section was then read,
Negative-Messrs. Blakistone, Pres't, pro. ter., when
Dent, Chambers of Kent, Donaldson, Wells,     Mr. DORSEY moved to amend the section by
Sellman, Bre-t of Charles, Jenifer, Howard, adding at the end thereof, the words, "before his
Buchanan, Bell, Welch, Chandler, Lloyd, Dick- appointment."
inson, Sherwood of Talbot, Williams, Hicks,   Mr DORSEY said, the salary ought to be fixed
Hodson, Phelps, Chambers of Cecil, Miller, Me- before the appointment; otherwise, party feelLane, Bowie, Tuck, Grason, Shriver, Biser, ings and prejudices may influence the appointMcHenry, Gwinn, Stewart of Baltimore city, ment. He thought, therefore, that the legislaBrent of Baltimore city, Kilgour Brewer, Wa  ture ought to fix the salary before they make the
ters, Weber, Hollyday, Slicer and Brown-38.  appointment.
So the Convention refused to reconsider the  Mr. CHAMBERS. It would be better to do it
vote.                                       now.
Mr. BRENT, of Baltimore city, gave notice that  Mr. DORSEY. 1 have no objection.
he should on to-morrow move to reconsider the  Mr. CHAMBERS then moved to amend the secthirteenth section of the report, for the purpose tion by striking out in the fifth line, the words,
of correcting an omission.                  "such annual compensation as may be fixed by
He called the attention particularly of the the legislature," a, d inserting in lieu thereof,
gentleman from  Somerset, (Mr. Crisfield,) on these words, "ot e thousand dollars "
whose motion the section had been amended, to  Mr. JENIFER moved twelve hundred dollars.
its present defective condition, in consequence of  Mr. GRASON said:
which, the Governor would be without the pow  The salary had notbeen fixed because the comer of appointing, during the recess, certain offi- mittee could not tell who might fill the office. If
cers whose services wele indispensible for the he was a single man, eight hundred or a thousand
public convenience.                         dollars might be sufficient. If he was a lawyer
There were numerous applications before the with a family, it Would not be enoughi If we fix
Governor for appointment out of the State of the amount in the Constitution, it cannot be
Maryland, to take the acknowledgment of deeds; changed, and we may thus debar men of respectsome of these were from California, and it was tability from accepting it.
important that such appointments should be made.  Mr. DIRICKSON said, after this question was
But as these are considered by the Governor who disposed of, he intended to move to strike out the
is a strict constructionist, to be new offices, he whole section.
feels himself debarred by the terms of the exist-  Mr. PARKE asked for a division of the quesing Constitution from making the appointments. tion, and that it may be first taken on striking
The Governor has also the power to appoint in out.
his discretion, twenty auctioneers in Baltimore,  The question was then put on the potion to
and these are bien ial appointments. But if strikeout,
twelve of these should be appointed, and the  And it was agreed to.
thirteenth is to be appointed during the recess,  The question recurring on the motion of Mr.
with his construction that this thirteenth is a CHAMBERS.
new appointment, the Governor will be restrain-  Mr. McHENRY moved fifteen hundred dollars.
ed from making it.                            Mr. DORsET asked what was the present salary
The public interests, therefore, require some as fixed by law?
modification of this section. He would, there-  Mr. BowIE. One thousand dollars.
fore, give notice of his intention to move a re-  Mr. GRASON said the clerk of the council who
consideration of the thirteenth section forthe pur  formerly performed the duties that are now aspose of moving the following substitute. As the signed to the Secretary of State, received fifteen
Constitution now stands, not one of the applica- hundred dollars a year, besides the perquisites of
tions before the Governor can be complied with, his office, which increased his annual compensaand this amendment will supply the casus tion to about two thousand dollars. The Secreomissus.                                   tary of State at first received a salary of two
The substitute was read as follows:       thousand dollars, which was afterwards reduced




492
to one thousand dollars. He thought that less merous and important. He was satisfied that
than fifteen hundred dollars would not be suffi- the gentleman from Kent was disposed to give a
cient to induce a competent person, with a family, proper salary, and that he would, on a little retoaccept the appointment. Other public officers, flection, be willing to allow more than a thouwho have lighter duties to perform, receive a sand dollars. The Secretary of State was obliged
higher rate of compensation. By fixing thesala- to live here. When he, (Mr. G,) came into
ry at one thousand dollars, a competent person the office of Governor, the salary of the Secretawill be prevented from filling the office.  ry of State was two thousand dollars. And with
Mr. JENIFER entirely agreed with the gentle- that salary, Mr. Cornelius McLane, one of the
man from' Queen Anne's, that it will be impossi-most competent men in the State, was wiling to
ble to' fi d a competent man here all the year, accept it; hut if the compensation were fixed at
with6i't giving him an adequate salary.  He  ne thousand dollars, he believed the office would
would, hereafter, have additional duties to per-be generally held by incompetent persons.
form, and' he ought to be properly, paid. He  Mr. CHAMIRERS desired to ask the gentleman
would withdraw his motion to insert twelve hun- from Queen Anne's a single question. Was it
dred and Would vote for fifteen hundred dollars. not formerly the practice to charge a fee on eveMr. CHAMBERS had no wish to be illiberal. He ry military commission which issued from the
was not a Governor, never was Governor and   Governor? And when copies of records are rewas never likely to be Governor. He knew no quired, is not a fee demanded for the copies?
more of these matters than he learned from the  Mr. GRASON replied that when he was in oflaws prescribing the duties of the Secretary, but fice, no charge was made fdr copying papers or
lie was not. aware of any very important or re-for issuing commissions.
sponsiile duties which devolved upon him.      Mr. DASHIELL stated that when it was in order
Mr. JENIFER interrupted. Keeper of the re- he intended to move a substitute for the seccords.                                       tion.
Mr. CHAMBERS. By the Constitution asamend-   Mr. DoRSEY said the Secretary ought to be the
ed in 1836, the Secretary of State would succeed confidental friend of the Governor. The gentlethe Governor in the event of a vacancy during man from Queen Anne's had not stated the prethe recess of the Legislature, but now it will not sent emoluments of the office  The gentleman
be so, and he is but the keeper of the records  from Kent, thinks there are none butthose arisThe present salary is one thousand dollars, and ing from  military commissions.  He did not
no difficulty had been found in obtaining the ser-know how that was. But he knew there was no
vices of competent persons. The duties of the difficulty in getting a Secretary of State. But if
office did not materially interfere with the pursuit we are to look for a distinguished man who would
of professional or other duties. Why then this take the office on the calculation of a contingency
increase.?                                   by which he might become Governor, we shall
He was an advocate for liberal but not profuse not be very likely to firnd one. He knew the gensalaries  A vast deal ad been heard about re- tleman who filled the office, was fully competent,
form and retrenchAent, but he found, when a prac- He is a surveyor in Frederick county, of high
tical occasion arose here, he was about as near reputation for his intell igence and business habits.
the mark as those who claimed to be par excel- The duties of the office do not entirely prevent the
lence, tihe elite of this retrenchment party, He Secretaryfrompursuing anyother avucation. He
did not mean those who preferred such claims can practice law, and lie, (Mr. D.,) knew that
here, but out of doors't was quite a different this had been done.  We have had very good
affair to play this game before the dear people, Secretaries for a thousand dollars; and he thought
quite another to act it out in this Convention.  the duties of the office would hereafter be less,.Asto the duties of the Go\,ernor, which he unless the Governor inappropriately impose some
might get the Secretary to pero   him of his own duties upon the Secretary. He will
would only remark, tha the Govero or's salar  indeed be a mere clerk to the Governor. We
Would only remarlk, that the Gov'eror's salary
was designed as a fair compensation f'r all his can get just as good an officer for one thousand
dutiesn if he c e to        dollars, as we can for fifteen hundred dollars;
duties, ani if he chose to relieve himself ~?f any and if he ever becomes Governor, he will reportion ofthem by putting them on t he Se eta-rnor, he will reortion of them by propesubctt em on the   aanemet  ceive the Governor's salary. The State is still
ryai    d  earoer       ect of hearrangerme, at pstruggling with the weight of her public debt,
aernors duties, let the pGoerforms  a part of the and there is no necessity to give a higher salary.
ernor's duties, let the Governor pay him a'part h'e thought it ought to be fixtad at a thousand dolof his salary. The State is not to pay twice for          o    to be     at a thousand olMr. LE asked for the ayers and noes on the
Mr. JENIFER put an interrogatory to the gen-  Mr   tMr. M aske d f they  d noe orn the
tleman from Kent, (Mr. Chambers,) which, with motion  f Mr. MCENR, and they were ordered
the reply, could not be heard.                 The que;3tin was then put (n the motion of
Mr. GRASON said that any one acquainted with Mr. MC  -JENrY, to insert $15010, and it was dethe facts, knows that there are many duties-which cided as follow's:
the Governor is not required to perform. This.Jfrmative —..Messrs. Wells, Randall, Kent,
officer is not the Governor's secretary, but the Sollers  Jenifer, Howard, Buchanan, Hicks,
Secretary of the State. He, (Mr G.,) could not Hodson, Grason, McHenry, MaTraw, Brent of
undertake to enumerate all the duties which he Baltimore city,, Presstman; Wy.e,, Kilgour and
had to perform, but he knew that they were Dn- Hollyday-7.'




493.Negative —Messrs. Blakistone, President, pro  Mr. GRASON. If the salary is insufficient, the,
temr., Dent, Lee, Chambers of Kent, Donaldson, title should be left to make up the deficiency.
Dorsey, Sellnian,Weems,Brentof Charles,Lloyd,  Mr. BOWIE. Very well. I withdraw    the,
Dickinson, Sherwood of Talbot, Cristield, Da- motion.
shiell, Williams, Eccleston, Phelps. Chambers of  Mr. DASHIELL moved to amend by striking out
Cecil, Miller, McLane, Bowie, Tuck, Dirickson, the 22d section, and inserting the following as a
MeMaster, Fooks, Gaither, Biser, Sappington, substitute:
Nelson, Carter, Hardcastle, Gwinn, Schley,   "The Secretary of State shall be elected by
Fiery, John Newcomer Harbine,Davis, Brewer, the qualified voters of the whole State, at the
Waters, Weber, Slicer, Smith, Clarke, Shower, same time the Governor shall be elected, ard
Cockey and Brown-47.                       his term of office shall be the same as for GoverSo the Convention refused to insert "fifteen nor, and his salary shall be one thousand dollars
hundred dollars."                          per annum."
The question being then on Mr. JENIFER'S mo-  Mr. DASHIELL said the Secretary of State was
tion to insert $1200.                      an important officer of the State of Maryland.Mr. LEE asked for the ayes and noes on the We have voted him a thousand dollars a year.
question, and they were ordered.           According to the theory of the reformers, of
The question was then taken on Mr.JENIFER's whom he claimed to be one, every public officer
motion, and decided as follows:            should be elected by the people, from the Gover3frmtv Ms'       DalsnWesR        -nor downwards. The Secretary of State is in
afirmnative-Messrs. Donaldson, Wells, Ran- the confidence of the Governor, and stands in
dall, Kente, S  ellman, Weems Sller, Brent of the place of a Lieutenant Governor. He occuCharles, Jenifer, Howard, Buchanan, Welch, pies an important position,and ought to be electHicks, Hodson, Miller, Bowie, Tuck, Grason, ed by the people. He would ask that the ques.Biser, McHenry, Magraw, Gwinn, Brent of tion on his motion should be taken by ayes arnd
Baltimore city, Presstman, Ware, Kilgour and noes.
Hollyday-27.                                 Mr. PHELPS moved to amend the amendment
Negative-Messrs. Blakistone, President, pro by adding at the end,'exclusive of electioneertem, Dent, Lee, Chambers of Kent, Dorsey,Bell, ing expenses." If he is to go through the State
Lloyd. Dickinson, Sherwood of Talbot, Crisfield, to electioneer for his office, he will want to be
Dashiell, Williams, Eccleston, Phelps, McLane, paid his expenses.
Dirickson, McMaster, Fooks, Shriver, Gaither,  He withdrew the amendment.
Sappington, Nelson, Carter, Schley, Fie. y, John  Mr. JENIFER interposed an objection, that an
Newcomer, Harbine, Davis, Brewer, Waters, individual belonging to a county on one side of
Weber, Slicer, Smith, Parke, Shower, Cockey the State could scarcely be known to the p eple
and Brown-37.                              of the counties at the other extremity.
So the Convention refused to insert "twelve  Mr. GRASON said it might so happen that a
hundred dollars "                          Governor would be elected from one party and
Mr. JOHN NEWCOMER moved to insert "eight a Secretary of State from another. The Secrehundred dollars."                          tary then might not keep the secrets of the GovThe ques ion was first taken on the motion of ernor. They might require separate apartments,
Mr. CHAMBERS to insert "one thousand dollars," and a sergeant-at-arms to keep them at peace.
and it was agreed to.                        The yeas and nays were then ordered on the
Mr. BowIE moved to amend the section so as motion of Mr. DASHIELL.
to make it read "a Secretary," instead of "a  Mr. CHAMBERS said, he had hoped some one
Secretary of State."                       would have risen promptly to rebuke the most
He stated that in 1836 when the Secretary of exceptionable suggestion thrown out by the genState was created, it was provided that in case tlemanfromCharles, (Mr. Jenifer.) It desered
of a vacancy in the Gubernatorial chair by death rebuke. He for one could not allow it to pass
or otherwise the Secretary of State shall act as without condemnation. The peoplenot to know
Governor, until a Governor shall be appointed.   about every body ad every thing   The peoHe is now merely a recording Clerk, and as we ple have no business to vote because they know
have now cut him  down to that, it will be but nothing about it! How strange. Why the approper to call him by his right name.      proved doctrine is, that every man in every part
Mr. CHAMBERS suggested that it was necessary of the State is perfectly well informed and conto retain the name, as papers going abroad must petent to judge of the fitness of any candidate,
in some cases, have the attestation of the Secre- whether for a clerkship or any thing else. Aye,
tary of -tate. Secretary and Clerk are ordinary knows better than those who have passed a lifeterms, but the Secretary of State is an officer, time in learning the duties of the office and in aswhose name signifies that he is attached to the sociation with those who are aspirants to it. But
Government. It would appear that the motion it is said the people ought not by their votes to
is intended as a reflection on the course of the decide a matter about which they can know noConvention in fixing the salary too low. But the thing. This was most monstrous doctrine! He
Convention thought differently.            went for the rights of the people, the eternal ard
Mr. JENIFER. If he is not Secretary, he will immortal people, their inalienable, indisputable
no longer be responsible to the State, but only to rights-rights which could not be taken away,
the Governor.                              modified or controled-rights which they alone




494:and nobody else possessed. It is their special, the service. The Secretary of State, a gentle-'their exclusive privilege, to vote for whom they man of as much purity of character and indusplease, for what they please, and whether they try as any gentleman of the Convention, is
know any thing about it or not!             busily employed, and without intermission. He
It was thought of old that labor viginti annoruin works every day from nine o'clock in the mornwas requisite to know the law, but it is now as- ing until nine at night, writing letters in reply to
certained, that every man, whatever have been applications to the Governor.
his capacity or his means of information, or his  Mr. DIRICKSON. Why does not the Governor
want of either, is perfectly competent to decide answer them himself?
the relative of those who are proposed to fill  Mr. SHRIVER replied that he had not time.your highest judicial stations. If they know no- Copies are kept of all letters which are written.
thing about the man or his duties, it is their irtes- If the gentleman from Worcester chose to call at
timable privilege still, to decide. He could allow  the office of the Secretary, he might see for himno encroachment on this exclusive right of the self that it was no sinecure. There is a great
people.                                     variety of duties to p rform. As he believed
Mr. JENIFER said, the gentleman from Kent the subject had been sufficiently discussed, and
was evidently trying to run him down in the race every gentleman's mind was made up as to his
of popularity. But he, (Mr J.,) was determin- vote, he would ask for the previous question.,ed not to be beat. He intended to run neck and  He withdrew the call for the previous quesneck with the gentleman from Kent to the end of tion at the request of the gentleman from  Worthe session, and to prove himself a better repub-  ester, Mr. DIRICKSON.
lican.                                       MIVr. DIRICKSON made some remarks, which
The question was then taken on the motion of will be published hereafter.
Mr. DASHIELL, and decided as follows:         On motion of Mr. GRASON, the twenty-second
J3ffirmative-Messrs. Blakistone, President, pro section was further amended by striking out the.term, Dent, Hopewell, Lee, Buchanan, Bell, Da- word'the," in line one, and inserting in lieu;shiell, Hicks, Eccleston, Phelps, Miller, Dirick- thereof, the word " a.":son, McMaster, Gaither, Sappington, Nelson,  The twenty-second section, as amended, was,Carter, Ware, Fiery, John -Newcomer, Harbine, then agreed to.;and Smith-22..Jegalive-Messrs. Chambers of Kent, Mitch-           REDUCTION OF CLERKS.
ell, Donaldson, Dorsey, Wells, Randall, Kent  Mr. SAPPINGTON ased leave of the ConvenSellman, Weems, Sollers, Brent of Charles, Jen-  ion to make a report from the special committee
ifer,  Howard, Welch, Lloyd, Dickinson, Sher-tion to makeareortfromthespecialcommittee
to whom was referred the resolutions offored by
wood of Talbot, Crisfield, Williams, Hodso, to whom was referred the resolutions offered by
Chambers of Cecil, McLane, Bowie, Tuck, Gra- him yesterday.
son. Fooks, Shriver, Biser, McHenry Magraw,   Mr. CAMBER moved that the rules be susHardcastle, (Gwinn, Stewart of Baltimore city, pended for the purpose of enabling the Convention to receive the report.
-Brent of Haltimore city, Presstnman, Davis, Kil- tion to receve he report.:gour, Brewer, Waters, Weber, Hollyday, Slicer,  The motion was agreed to,
Parke, Shower, and Brown-45.                  And the rules having been suspended,
So the Convention refused to accept the sub-  Mr. SAPPINGTON made the following report,
stitute.                                    which was read.
Mr. DiRiCKSON made some remarks, which      The committee appointed to enquire and rewill be published hereafter.                port to this House whether or not it would be
Mr. MIVTCHELL had but a single word to say. expedient to discharge some of the committee
He had made enquiry on this subject this morn- clerks and doorkeepers, ask leave to report, that
ing, and he had satisfied himself that it was im- in their opinion, from the advanced condition of
possible for the Governor to discharge his duties the business of this Convention- most of the comwithout assistance, and he ought to have a con- mittees having made their reports-it is no longer
fidential officer, who should be well paid, and necessary or expedient to retain the services of
appointed by himself. If you abolish this office, the whole number of committee clerks. For;and as you have already fixed the salary of the this reason they recommend that the number be
Governor at thirty-six hundred dollars, and be- reduced. They conceive further, that the duty
ing obliged to spend that sum or mere, in enter- implied devolves upon them to designate who of
taining his personal and political friends, he will said committee clerks should be retained-Mr.
have no time left to do the work ofhis office.  John W. Rider was appointed by a separate orMr. SHRIVER said the Convention had had a der of this Convention clerk to the President and
lecture from the gentleman from Worcester on also to the committee on Accounts. His servithe subject of retrenchment, but it came from  ces will be required during the entire session of
that quarter with a bad grace. The gentleman the Convention. 01 the other committee clerks,
from Worcester was himself prominent in fasten- they recommend that Messrs. Geo. S. King,
ing upon us this batch of officers at the beginning Samuel Peacock and Joseph Morritz, be retained.
of the session. And only yesterday, when he   Thev do not think that any of the doorkeepers
was appointed on a Committee to enquire into should be discharged, as their services are still
the propriety of dispensing with some of the super- required.
fluous clerks, he asked and was allowed to decline  In accordance with the above views, they re



495
commend the adoption of the following resolu- can best be discharged. The resolution does
tion:                                       not require the expression of any opinion on that
Resolved That it being no longer necessary to subject.             J. W. CR1SFIELD.
retain in this Convention the services of the whole  Which was read.
number of committee clerks heretofore appoint-  The question being on the adoption of the reed, the following only be and are hereby retained, solution.
that is to say, John W. Rider, Geo. S. King;  Mr. TUCK moved to lay the resolution on the
Samuel Peacock and Joseph Morritz.         table.
J. SAPPINGTON, Chairman.    Mr. CHAMBERS suggested, whether it would
Mr. CRISFIELD, from the minority of said com- not be the better course to have a day fixed for
mtitee, submitted the following             the discharge to take place, in order that those
who will he discharged, may make their arrangeREPORT:                   ments for leaving.
The undersigned, a member of the committee  Mr. BRENT said, he would now offer a substito whom was referred the enquiry, " whether or tute for the resolution, and would ask that it
not it would be expedient to discharge some of the should be laid on the table with the reports and
doorkeepers and committee clerks," begs leave resolution, and that they may all be taken up toto report, that he finds there are three doork: ep- morrow. He did not think that any of these
ers; two for the Hall of the Convention and one clerks should be discharged.
for the Senate Chamber, which is daily used for  The substitute was read as follows:
the accommodation of the members of the Con-  "Ordered, That on and after Monday next, no
vention and its committees. He is of opinion, clerk, doorkeeper, or other officer be entitled to
that two doorkeepers are necessary for the Hall, compensation when absent, unless upon leave of
and that, as long as the S nate Chamber is used absence, granted by the Convention.
as it has been during the whole of the session, a  Mr. TUCK, again moved to lay the reports,
doorkeeper for that apartment is absolutely neces- resolution and substitute on the table.
sary for the protection of ihe public property,  The question being put, the motion was decidand for the accommodation of the committees ed in the negative.
and members of the Convention. The under-     Mr. HICKS moved to postpone said reports and
signed, therefore, thinks it would not be expe- substitute until the first Monday of May next.
dient to discharge any of the doorkeepers.    Determined in the negative.
The undersigned finds that there are in the  Mr. BROWN moved to postpone said reports
employment of the Convention a Post Master and substitute until to morrow.
and seven committee clerks, one of whom per-  l)etermined in the negative.
forms the duties of clerk to the President as well  Mr. CHAMBERS, of Kent, moved to amend the
as those of clerk of the committee on accounts, report of the majority committee, by adding at
and keeps all the accounts of the Convention. the end of the resolution, the following:
His services are indispensible in the opinion of  "And that the persons whose services are disthe undersigned.                            pensed with, be allowed their per diem to MonThe labor to be performed by the committee day next, the 17th inst."
clerks of the Convention, has not been great or  Mr. HICKS moved as a substitute for said rearduous at any time, and it might well be doubt- ports and substitute, the following:
ed whether the number orignally employed was  Ordered, That the reports of the committee apnot greater than was necessary; but, however pointed to enquire into the propriety of disthat may have been. it is certainly true, the la- charging some of the clerks and doorkeepers, be
bor for which committee clerks are necessary, is recomminted to the said committee, with instrucnow over, or nearly performed. The under- tions to said committee to write the names of
signed is of opinion that there is not now, each committee clerk and each doorkeeper, upon
and it is not likely there will be during the resi- a separate piece of paper, and placed in a hat or
due of the session, labor to employ more than box, and that the first three names drawn out be
one half of the present number of committee the clerks or doorkeepers to be discharged.
clerks. He is therefore of opinion, that the pub-  The PRESIDENT ruled the substitute to be out.
lie business would not be injured by dispensing of order.
with the services of three of the present clerks.  Mr. PRESSTAN moved the previous question,
The undersigned, however, wishes it to be dis- and being seconded.
tintly understood, that in announcing this opin-  The question was put on the adoption of the
ion, he does not intend to depreciate the charac- amendment as offered by Mr. CHAMBERS, of
ters and services of these officers; as far as he Kent, and
knows, or has been informed, each of the clerks  Determined in the affirmative.
of this body has faithfully performed every ser-  The question was then put
vice which has been required of them. The un-  Will the Convention accept the substitute as
dersigned thinks a portion of them may be dis- offered by Mr. BRENT, of Baltimore city?"
pensed with, not because they are incompetent 
or unfaithful, but because their services are un- Mr. SAP-INGTON moved the question be taken
necessary.                                  by yeas and nays, and being ordered, appeared as
The undersigned thinks it no part of the duty follows:
of the committee to indicate which of the clerks.Ifftrmnative- Messrs. Blakistone, President,




496
pro tern., Dent,Hopewell, Mitchell,Wells,Weems,            NEW COUNTY.
Sollers, Jenifer, Dashiell,Williams, Hicks, Hodson, Eccleston, Phelps, McLane, Bowie, Tuck,  Mr. SHRIVER presented a petition of eighty
McMaster, Magraw, Carter, Gwinn, Stewart of | voters of Middletown, Hawver's, and Catoctin
Baltimore city, Brent of Baltimore city, Presst- districts in Frederick county, remonstrating
man, Ware, Kilgour and Waters-27.           against the creation of a new county from parts
Negative-fMessrs. Lee, Chamnber of Kent, ot Frederick and Washington counties.
Donaldson, Dorsey, Randall, Sellman. Brent of  Which was read, and
Charles, Howard, Buchanan, BellWelch,Lloyd,  Referred to the committee appointed on New
Dickinson, Sherwood of Talbot, Crisfield, Mil- Counties.
ler, Grason, Dirickson, Fooks, Shriver, Biser,        INTOXICATING LIQUORS.
Sappington, McHenry, Nelson,Hardcastle,Fiery, 
John Newcomer, Harbine, Brewer, Weber,        Mr. JOIIN NEWCOMER, presented a petition of
Hollyday, Slicer, Smith, Parke, Shower, and sundry citizens of Washington county, praying
Brown-36.                                  I that provision may be made in the new ConstituSo the Convention refused to accept the sub- tion, that the privilege to sell intoxicating liquors
stitute.                                   shall not be granted to any person in any pait of
The question was then put on the adoption of the State, except the same shall first be sancthe report of the majority of the committee.  tioned or approved by a majority of the votes in
the election district where the same is to be
Mr. CHAMBERS, of Kent, moved the question sold.
be taken by yeas and nays, and being ordered ap-  Which was read, and
peared as follows:                            Referred to the select committee appointed on
Jffirmative-Messrs. Lee, Chambers of Kent, that subject.
Donaldson, Dorsey, Randall, Sellman, Brelt of                REPR    TAT
Charles, Howard, Buchanan Bell,Welch,Lloyd,
Dickinson, Sherwood of Talbot,Crisfield, Miller,  Mr SMITH said:
Grason, Fooks, Shriver, Biser, Sappington, McHenry, Nelson, Carter, Fiery, John Newcomer,  He rose to submit an order, accompanying
Harbine, Brewer, Weber, Hollyday, Slicer, which, was a tabular statement which he desired
Smith, Parke, Shower and Brown-35.         to have printed. This statement contained vari-.egative-Messrs. Blakistone, President, pro ous views which he, in conjunction with other
ten., Dent, Hopewell, Mitchell, Wells, Weems, gentlemen, had been preparing on the subject of
Sollers, Jenifer, Dashiell, Williams, Hicks,Hod. the basis of representation.
son, Eccleston, Phelps, McLane, Bowie, Ttfck,  He hoped this document would be printed and
Dirickson, McMaster, Magraw,Gwinn, Stewart put in the hands of gentlemen as speedily as posof Baltimore ci y,Brent of Baltimore city,Presst- sible, in order that it might be examined. He
man, Ware, Kilgour Waters-27               thought it important that the Convention should
So the report of the majority committee was i see at a glance, all the various projects on the
adopted.                                     H   then offered the following order,
adopted.                                  | subject.
The Convention adjourned until to-morrow   He then offered the following order,
morning at 10 o'clock.                       Which was agreed to.
Ordered, That the committee on Printing, be
directed to have printed for the use of the Con_____~~___ _____   ~   vention, in ore tabular form, the various plans
for a basis of representation of the House of Delegates.
FRIDAY, March 14, 1851.                 REDUCTION OF CLERKS.
The Convention met at ten o'lcock.         Mr. BRENT, of Baltimore city, enquired whethPrayer by the Rev. Mr. GRAUFF.           er it was now in order to move to reconsider
Tle joutnal of yesterday having been read,  the vote by which the order discharging a portion of the committee clerks was yesterday
adopted?
CORRECTION.                 adopted?
The PRE-IDENT, pro tern., replied that such a
On motion of Mr. CHAMBERS,               motion was in order.
A correction was made in page 442, in the  Mr. BRENT, then submitted the motion to reamendment offered by him, to the resolution of consider.
the special committee, to allow such clerks as  Mr. McHENRY moved to lay the motion to remay be dispensed with, their per diem to Mon- consider on the table.,day next, by adding the word "inclusive."    Mr. PHFLPS hoped his friend from Harford
He explained his object to be, to remove any would withdraw the motion to lay on the table.
doubt as to the time when the per diem should Yesterday the previous question was sprung, and
cease.                                     no opportunity was afforded to say a word. He
There being no objection, the correction was gave notice that if the motion to reconsider was
mnode, and                                 laid on the table, he would renew it to-morrow.
The journal was then approved.             Mr. BRENT, of Baltimore city, asked for the




497'ayes and noes on the motion to lay the motion to  Mr. JENIFER had listened to the gentleman
reconsider on the table, and                from Prince George's, but he could not agree
They were ordered.                        with that gentleman, that all clerks had been alThe question was then taken,              ways attentive to their duties. He had voted
And decided as follows:                   against the resolution yesterday, and he had also./ffirmative.-Messrs. Lee, Chambers,of Kent, voted against laying the motion to reconsider on
Donaldson, Dorsey, Randall, Sellman, Buchan- the table to-d y, because lie did not think it right
an, Welch, McLane, Fooks, Shriver, Biser, Me- to disTharge officers without some notice. He
Henry, Nelson, Schley, Fiery, Neill, John New- was astonished, however, to hear the gentleman
comer, Harbine,Brewer, Weber, Slicer, Smith, from Prince George's say, that all the clerks had
Parke, Shower, Cockey and Brown-27'.        ^discharged their duties with entire satisfactionNegative.-' Msr.  -                    for he, (Mr. J.,) had heard frequent complaints,
glte.-Messrs. Blakistone, President, pro- yet he had none to make himself, although he
ter., Dent, Hopewell, Wells, Dalrymple, Jenifer, had to perform much of the duties of the comRidgely, Dickinson, Sherwood, of Talbot, Cris- mittee of which he was chairman, nor had he exfield, Dashiell, Williams, Hicks, Hodson, Ec- pressed any dissatisfaction as regards that comcleston  Phelps, Bowie, Tuck, Sprigg, Bow-  mittee clerk. He thought the proper course
ling, Grason, Wriaht, Dirickson, McMaster would be to notify the absent ones that hereafGwinn, Brent, of Baltimore city, Sherwood of ter, that they should not leave without permisBaltimore city, Presstman, Ware, Davis and sion.
Waters-31                                      r. BROWN stated that he had voted for the
So the Convention refused to lay the motion resolution yesterday, and he should vote for it
to reconsider on the table.                 again to-day; for these reasons, first, that there is
The question then recurring on the motion to nothing for these clerks to do. When the Conreconsider,                                 stitution comes to be engrossed, it ought to be
Mr. TUCK said he had yesterday moved to lay done in the very best style, because it will have
this subject on the table. He thought there was to be deposited among the public archieves; and
an impropriety in discharging officers without he believed there could not be found in Annaponotice. He would not go so far as to call it in- lis, a dozen person who were capable of doing it
justice; but he thought that when, out of the six as it should be done. It will most probably be
gentlemen who have been employed by us, a por- the case, that we shall have to get a person spetion is about to be dispensed with, the whole of cially f,'r the work and pay the extra charge out
them  ought to have an opportunity of being of the treasury. We do rot want these commitheard. He could not be supposed to know what tee clerks; and the question is, shall we pay
had pa sed in the committee on this subject; but away two or three thousand dollars for services
he presumed that it was because they happened which are of no use to us. He had thought, when
just now to be absent from the city, that the these clerks were appointed, that the Convention
three whose names had been reputed as those to would terminate its,*itting in the month of Febbe discharged, had been selected. If the other ruary, and all these officers he knew must have
three clerks had happened to be absent, they expected to terminate their labors long before
perhaps would have been the three selected for this time. There was no reflection intended on
removal.                                    any of these clerks. If they had been the best
So far as he knew, these clerks had been gen- clerks in the world, we could have had no furthler
erally here, and ready to do whatever gentlemen use for them. He would vote for the resolution.
asked of them. They have only been absent He would even go further, and dispense with the
when leave has been given them  by the Presi- services of some of those who were retained.
dent. He did not see how the selection of three  Mr. BRENT reminded gentleein  that the exout of the six clerks to be discharged, could be pense of discussing this matter, would eat up
made, without leaving something like an impu- more than the amount which would be saved by
tation on them. Every one would naturally dismissing these clerks. Strict economists should
come to the conclusion that we have retained the not prolong this discussion. Why did not the
three clerks who are the most competent. And, gentleman from Carroll, take the same stand when
as the fact had doubtless been published this the previous order was under consideration, Anmorning in the Baltimore Sun, the injurious im- other remark: In the month of November, an
pression will spread over the State, and the ac- order which was introduced authorizing the aption of this Convention will be eveiy where un- pointment of clerks, was voted down. Then on
derstood to be a reflection on the gentlemen who the 14th of the same month, an order was passed
are discharged. He thought it would have been appointing the present sixclerks by name. How
the most proper mode to let these six gentlemen then can gentlemen who voted on that platform,
have arranged between themselves, by lot, or in now turn about and vote for a partial temoval of
any other way, which of them should go out, and some of these clerks? He agreed with the genwhich should remain.                       tleman from Charles, (Mr. Jenifer,) that some
If any charge were substantiated against the of these clerks had absented themselves from
three selected, he would go for their instant re- their duties. As the House had refused to the
moval. We employed them for the whole ses- committees leave to report their reasons on any
sion, and it has been our fault, not theirs, that subject referred to them, these clerks may have
they have not had much to do. We have done supposed that there was no occasion for their revery little ourselves.                      gular attendance here. But they ought to be
63




498
all required to attend. He believed they were because the Secretary of State was not the proall deserving men, and he had no doubt would do per officer to answer the demands of the Legiswhatever duties were required of them or as- lature.
signed to them.                              On reflection, he was opposed to making the
Mr. BROWN explained that on looking back to Secretary of State the medium of communicathe platform, he found that the gentleman from  tion between the Governor and the Legislature.
Baltimore voted for these clerks, and he, (Mr.  Some conversation here took place between
Brown,) against them. The gentleman from Bal- Messrs. CHAMBERS and GqASON on the subject
timore says, we are wasting time. He agreed of the duties which the Secretary of State is
with him that we are wasting time, but he required to perform by the act of Assembly, and
thought these unnecessary clerks ought to be those, the performance of which custom has imcut off.                                   posed on him.
Mr. BUCHANAN moved the previous question,  Mr. Bowiv asked if there was any provision
and the motion being seconded,             making it the duty of the Governor to allow the
Mr. BUCHANAN asked for the ayes and noes records to be open to the inspection of persons.
on' the motion to reconsider, and they were  Mr. GRAsON replied in the negative.
ordered.                                     Mr. BOWIE thought it necessary that the reThe question was then taken, and decided as cords of the Executive department should be
follows:                                   open to general inspection. But his friendfrom
fffirmative.-Messrs. Blakistone, President pro Queen Anne's seemed to think that copies of the
tern., Dent, Hopewell, Wells, Dalrynple, Jeni- records ought to be furnished without cost. He
fer, Dickinson, Dashiell, Williams, Hicks, Hod- [Mr. B.] thought it the duty of the Secretary of
son, Eccleston, Phelps, Bowie, Tuck, Sprigg, Stateto furnish the General Assembly with copies
Bowling, Dirickson, McMaater, Gwinn, Brent whenever they might be called for, but in referof Baltimore city, Sherwood of Baltimore city, ence to private applications, a compliance could
Presstman, Ware, Davis, Kilgour and Waters-  only be considered as a matter of courtesy.' He
33.                                        did not know that it was the duty of the keeper
N'egative.-Messrs. Lee, Chambers, of Kent, of the records to supply the Legislature with
Donaldson, Dorsey, Sellman, Buchanan, Welch, copies of the records, unless there was an official
Ridgely, Sherwood, of Talbot, Grason, Wright, call for them. He would suggest the propriety
Fooks, Shriver, Biser, McHenry, Nelson, Car- of amending the section by inserting the words
ter, Schley, Fiery, Neill, John Newcomer, liar- "and shall be laid before each branch of the
bine, Brewer, Weber, Slicer, Smith, Parke, Legislature when required."  He was against
Shower, Cockey and Brown-30.               striking out that part of the section, and hoped
So the Convention refused to reconsider,  the Convention would not agree to the motion of
Mr. BlsER present a petition signed by 392 cit- the gentleman from Queen Anne's.,izens of Frederick county, praying for a new  The question was then put on the motion of
county to include all the districts of Middle. Mr. GRASON, but a quorum did not vote.
town Valley, in Frederick counry, and such parts  Mr. GRASON objected to the amendment of
of Washington county, as lie contiguous to said the gentleman from Prince George's, because its
districts, and their counter petition for a new  meaning was doubtful and obscure. The gentlecounty to be composed of Jefferson, Petersville, man from Prince George's seemed to suppose
Middletown and Cacoctin districts of Frederick that unless the Governors were required by the
county, and Pleasant Valley, part of Boonsboro' Constitution to submit the executive records to
and Sharpsburg in Washington county.       the inspection of the Legislature, he might reWhich was read, and                      fuse to communicate information respecting his
Referred to the select committee onnew coun- official acts and proceedings. It was true that
ties.                                      the President sometimes declined complying with
ORDER OF THE DAY.              the calls of Congress, on the ground thata communication of the intelligence required, was inOn motion of Mr. GRASON the Convention consistent with the public interest. But the
resumed the consideration of the order of the executive proceedings of Marylarn were always
day, being the REeport on the Executive Depart- open to the inspection to either branch of the
ment.                                      Legislature, and to every member who desired
The 23d section having been read,        information. But he had no objection to the
Mr. GRASON moved to amend said section by amendment, if properly modified.
striking out in the 2nd and 3rd lines of said sec-  After a few words from Me3rs. Bow1E, CHAMtions, these words "and shall lay the same be- BERS and GRASON, in explanation,
fore either bianch of the Legislature whenever  Mr. DoRsEY suggested an amendment by strikrequired."                                 ing out the word "and" in line 2, and inserting
Mr. G. confessed that in inserting the words in lieu thereof, the words'"the Governor."
which he now moved to strike out, he committed  Mr. GRASON withdrew his amendment.
the error of borrowing from some of the modern  The question was then taken on the amendConstitutions. He had g n rally been very cau- ment of Mr. McLANE, and it was agreed to.
tious how he borrow from any of them, but he  The question then recurwed on the adoption of
unfortunately did so on this occasion. He had the section as amended, and,
now submitted the motion to strike out the words  It was adopted.




499
The Convention had now gone through with the presumption being that within that time, he
this bill.                                  can satisfy himself, who is the proper person to
Mr. GRASON said it would be in the recollec- be appointed. Here then, were two classes of
tion of the Convention, that on Wednesday last; appointments, which might be made by the Govthe second section of the report had been post- ernor during the recess, by granting temporary
poned, because there was not a full Convention  commissions which would run into the next
He was ready to go on with it at this time. It session, and afford ample time for the Governor
was, however, a matter for the Convention to and Senate'to perform their respective functions,
determine whether they would proceed with before they would be vacated. Was there any
the consideration of the section at this time, or other class of cases for which additional proviswould further postpone it until there was a ion was necessary?
more full attendance.                        The object of the 13th section, as it now
Mr. DORSEY suggested that time spent in pass- stood, was to.restrain the Governor within the
ing upon important questions whilst there was just limits of his authority, and secure to the
so sparse an attendance, would be lost, inas- Senate its constitutional right of passing on all
much as a reconsideration of the question was appointments. All agree that the Senate is pro.
sure to be moved, when there was a more full perly a part of the appointing power. The neattendance.                                cessity of its co-operation exercises a powerful
Mr. BRENT, of Baltimore city, said he took it influence over the Governor. It is a powerful
for granted that no important question could be check on a spirit of favoritism in the Governor,
passed upon here without an effort to reconsider and tends to prevent the appointment of unfit
when there should be a more full attendance. persons, from prejudice, want of information,
He suggested that the Convention should take family connexion, personal attachment, or a
up the motion he had yesterday made to re- desire for popularity. Hence, the Constitution
consider the vote of the Convention on the 33th authorised the Senate to act upon all appointsection. for the purpose of enabling him to offer ments. But this provision would be idle and
a substitute.                              ridiculous if it may be evaded. The 13th secThe Convention thereupon proceeded to the tion as it now stood, would prevent all evasion.
consideration of the motion to reconsider the As long as that stands, no appointment by the
vote on the said 13th section.             Governor can continue for a longer period than
IMr. CRTSFIELD said he was opposed to the the interval between the sessions, and thirty
motion of the gentleman from the city of Balti- d   during the succeeding session  It was
more, [Mr. Brent,] to reconsider the 13th sec- therefore essentialto preserve the substance of
tion. The object of the motion to reconsider, that section, in order to secure to the Senate the
is to allow the mover to offer a substitute for full exercise of its constitutional authority.
the 13th section, which will be found in the  Now what is the substitute which the gentlejournal of yesterday  That substitute, if adop- man from Baltimore city proposes, and to let in
ted, would authorise the Governor, in all cases. which the reconsideration is moved? It is, as
where he has power to make any appointment to already observed, to authorize the Governor in
office, to make such appointment during the re- all cases where he has power to make an apcess of the Senate, no matter when such office pointment to office-to make such appointment
may have been created, or when the vacancy in the recess of the Senate, no matter when the
proposed.to be filled, may have occurred. The office was created or the vacancy occurred.
question then is, one of preference between the What is the effect of this? If an office be
13th section as it stands, and the substitute pro- created, or a vacancy oecur during the session
posed to be offered.                        of the Senate, the Governor would not be under
As it now stood, the 13th section provided for any constitutional obligation to fill it during the
i now stood, the  th section  session; andif he failed to fill it, the office need
cases of vacancy occurring during the recess of not remain vacant, until the next session.  Supthe Senate; temporary appointments might be pose, in the recess, he make a temporary apmade by the Governor, to fill such vacancies to pointment, and at the next session he make a
terminate at the expiration df thirty days aft er nomination to the same office, and it is rejected;
the commencement of the succeeding session, or the Governor would have power, after the close
on the appointment of the same, or some other of the session, to make another appointment; and
person, to the same office,by and with the advice so on from session to session. By a little adroitof the Senate. The section also provided for ness, the Governor might preclude the Senate
another class of cases-new offices created less from all participation in the appointments. All
than thirty days before'the termination of the he need do to secure to himself practically the
session, which might he filled in the recess, in sole power of appointment, unchecked by the
the same manner as vacancies occurring in the Senate. is to make, at each recurring session, a
recess. The object of this latter provision, was nomination which will be rejected, and thus be
to afford the Governor time for reflection and enabled to keep his favorite in office, during his
examination, befbre he should be obliged to make entire term, without the consent, and possibly in
his appointments. If a law should pass creating defiance of the wishes of the Senate. The suba new office more than twenty days before the stitute, if adopted, would enable an unscrupulous
close of a session, the Governor must make his Governor to evade the provisions of the Constinomination to the Senate before the adjournment, tution.




500
The difference between the propositions was gentleman from Somerset proposed, or whether
this: The section proposed to be stricken out, they would give him a large discretion, to act
guarded the appointing power, and secured upon his responsibility to the State and to the
to the Senate the full exercise of the authority power of impeachment.
conferred on it by the Constitution to pass on all  The gentleman from Somerset anticipated that
appointments; the section proposed to be inserted, the Governor would fraudulently withhold his
would enable a Governor, who mightbe so in- appointments until the Legislature should adclined, to concentrate in his own hands practi. journ. If that functionary should withhold apcally, the sole power of appointment, and destroy  tments purpely, to make temporary comthe power of the Senate.                   pointments purpD,.sely, to make temporary cornthe power of the Senate.        missions; if he should do this from corrupt moThe Convention should be careful how the ap- tives, he would be liable to impeachment, and he,
pointing power was guarded; it was a power (Mr. B.,) was prepared to vote for a clause to
capable of infinite mischief in thoughtless or this effect. But he could not presume that the
corrupt hands.                             Governor would act in this way. The gentleMr. C. thought the questin now to be decided thouth ooght that some remedy should be applied.
was, whether the appointing power should be Reconsider the vote by which this section was
committed to the Governor, without limit or re- adopted, and then let them consider what remedy
straint; or whether the Senate should be secured was necessary.
in the exercise of a negative on his nominations,  r. CRISFIELD replied to the remarks of Mr.
which all admitted was necessary and proper. Brent. The thirteenth section, it was said, did
He hoped the motion to reconsider would not not authorise to make appointme nts in the recess,
prevail.                                   to new offices which had been created more than
Mr. BRENT, of Baltimore city, proceeded to twenty days before the adjournment. That was
oppose the amendment submitted by the gentle- true; and he contended that it w.as not proper to
man from Somerset, (Mr. Crisfield,) which he give the Governor such power. So far as deread, as follows:                         pended on- him, no such power should be given
" The Governor shall have power to fill any to that officer. He wished to limit the power
vacancy that may occur during the recess of the of the Governor, and guard against all abuses by
Senate, in any office to which the Governor has requiring his nominations to be submitted to the
the power of appointment, by granting a cornmis- action of the Senate at the ear liest reasonable
sion which shall expire upon the appointment of period. By the thirteenth section, as it now
the same person or any other person, by and stood, twenty days were allowed the Governor
with the advice and consent of the Senate, to the in all cases of newly created office%, to submit to
same office, or at the expiration of one calendar the Senate, for approval, the ram es of proper
month ensuing the commencement of the next individuals to fill them; and this, considering the
regular session of the Senate, whichever shall limited extent of the State, and the general acfirst occur."                              quaintance which the Governor usually has in
He thought this amendment did not provide every portion of it, was certainly ample time for
for all cases, it merely limiting the power of ap- him to examine th character, and acq uaint himpointment to two classes —first, when a vacancy self with the fitnessof every individual ho desired
occurred during the recess, (and about this there any office within his gift. The limitati ons of the
could be no dispute, for it was contained in the old thirteenth section, were indispensable to secure
Constitution;) and, secondly, where a law should to the Senate the just exercise of the Iower debe passed creating offices within twenty days legated to it by tile Constitution. If the doctrine
prior to the adjournment of the Senate. The advocated by the gentleman from Baltimore city
amendment did not apply to cases where an office be true, what wou id be the result? If th.e Legisshould be created more than twenty days before lature should  eate an office on the first day of
the adjournment of a session. The act of 1837 its session, the  Governor would ha e three
allowed the Governor to appoint commissioners months nearly, in which he might make hiis selecout of the State, ad libitum, for the acknowledg- tion and nomination of the individual pr oper to
ment of deeds. He might appoint thousands of fill it; and yet.for,is own purposes, he might
commissioners out of the State, but they would postpone the appoin tment till after the close of
be new appointments and not vacancies to be the session, and for two years defeat the action
filled. The ame  ndment of the gentleman woul  of the Senate, whose privilege and duty it was to
not enable the Governor to make these appoint- pass on all appointr tents. Such would be the
ments in the recess of the Senate, the necessity practical efect of the gentleman's views  Was
for which was now increased, as in future they the Convention prepared to sanction them?  If it
were to have biennial sessions. It was very evi- was, then he hoped sonoe one would move that
dent that the section would have to be amended the power of the Sexlate, in this respect be
to meet this class of cases. The Governor, un- stricken out atogether, and absolute authority
der this section, would not even have the power over appointm, nts be give n to the Governor. Let
of creating new auctioneers, though the revenue such a proposi tion be pres ented to the Convenof the State might be increased thereby; and the tion and let it, be seen hoe - many of that body
Convention must very clearly see, that the vote would favor i.
by which the thirteenth section was adopted  Mr. C. said the gentlem an from  Baltimore
should be reconsidered. Hewished to see wheth- city, [Mr. PFent,] contended that under the 13th
er this body would tie up the Governor as the section the'iQvernor had no power to appoint




501
in the recess, when appointments are to be made cially they do not suit gentlemen, who claim to
according to the discretion of the Governor, bepar excellence, the friends of the people. He
with or without limit as to number, and he [Mr. could not subscribe to them. He was not wilB.] had instanced commissioners under the act ling to trust to the character of any individual,
of 1837, to take acknowledgments of deeds out however pure and exalted that character might
of the State, &c., and the case of auctioneers, be, as the only defence against the aggressions
notaries public, &c. The 13th section was the of power. He had always been taught to beidentical provision of the existing Constitution; lieve, and his experience justified the lesson,
and he had never heard a complaint until now, that the only security for popular liberty is to
that the Governor could not make these appont- be found in the' express requirements of a writments during the recess. He was not prepared  ten Constitution. The gentleman has said someto admit the construction of the laws referred thing of impeachment; it is idle to talk of imto, given by the gentleman from Baltimore city, peaching a Governor of one of the States of this
and he believed a different construction had Union. It was scarcely worth while to insert
always until now, prevailed in and out of the such an article in the Constitution. The power
Executive department. These offices were cre- of impeachment never had been, and never
ated by law, not by the Constitution; and the would be successfully enforced against an indilaw could prescribe the manner in which ap  vidual occupying such an elevated and influential
pointments to them should be made, whether by position  But the danger feared would be the
the Governor in the recess or not. It has al- legitimate result of the powers conferred upon
ways been conceded that the Governor could fill him; and how could he be impeached for what
them during the recess; but if that was an enor- the Constitution authorized him to do?
mous construction, the law could be changed at  The power proposed to be given to the Govthe next session of the Legislature. And it ernor, was a dangerous one, it was liable to be
should be remarked too, that the people of Ma- evaded, or perverted to a mischievous use, and
ryland, were little interested in this class of he hoped, therefore, no reconsideration would be
offices; appointments to them were made mostly hadt for the purpose of adopting it; but if the sec.
for the benefit of the appointees, and as a privi- tion should be reconsidered, he would then offer
lege or a license to carry on the business to an amendment, which in his opinion would acwnich they relate. The public interest would  complish every proper end, without encounternot suffer if no appointments could be made in ing the dangers which threatened from the adopthe recess. But to obtain a mere ideal advantage, tion of the gentleman's proposition.
which at most benefits individuals, and not the  Mr. BRENT proposed to answer the extraordipublic generally, to enable the Governor to  nary position assumed by the gentleman from
make appointments under laws which may be Somerset. Because that gentleman did not conchanged next winter, appointments which in no strue the Constitution as the Governors of Marysense effect the public interest, and that too, land had done, and because there was no neceswhen every Executive which had preceded the sity, in his opinion, for putting this doubt to rest,
present, had acted on a different construction, therefore, he thought that the vote ought not to
the gentleman from Baltimore city would give be reconsidered. He would say, that this was a
to the Governor, what would be destructive of very extraordinary position. The gentleman had
the rights of the Senate, and practically would said that the practice, in the State of Maryland,
be an unlimited power over all appointments.  had been for the Governor to make original apThe gentleman had said, thathe (Mr. C.) spoke pointments in the recess of the Senate. He,
as if the persons who might wield the executive (Mr. B.,) would say, that if there had been such
power, were not to be upright men. Mr. C. practice, it had been erroneous, with all due
must say, that he had no very exalted opinion deference to the better judgment of the gentleof the purity of public men. All government man from Somerset.   ir. B. asserted, that if
was a satire on human nature, and was made ne    Governor, uner the act of 1837, had, in the
recess of the Senate, appointed commissioners of
cessary by the vices and ambition of men. He   s r ut of the State, t was done in violation of
was not disposed to trust to the mere goodness plain law. What isthelaw? It was as follows:
of individuals. It was prudent to guard against  Sec.. Be it enacted by the General Assembl
every danger. He would, if he could, by posi-of Maryland, That the Governor, by and with
tive restraints, render it impossible for men to the advice and consent of the Senate, be and he
do wrong  He could not assent to the opinion is hereby authorised to name, appoint and comadvanced by the gentleman, that the character mission one or more commissioners in each or
of the person who might happen to be Governor, such of the other States or territories of the Unihis purity and patriotism might safely be relied ted States, or in the District of Columbia, as he
ion, as a sufficient guaranty against the dangers may deem expedient, which commissioners shall
apprehended. If this doctrine be true, there continue in office during the pleasure of the Gowas no necessity at all for constitutional re- vernor, and shall have authority to take the acstraints. And he must be permitted to say, he knowledgments and proof of the execution of
was surprised to hear such sentiments promul- any deed, mortgage, or other conveyance of any
gated. They were a remnant of the antiquated lands, tenements or hereditaments lying or being
idea of the infallibility of rulers. They do not in this State; any contract, letter of attorney or
belong to this land, nor to this age; and espe- any other writing, under seal, to be used or re



502
corded in this State, and such acknowledgment  Mr. DONALDSON said there were but few offices
or proof taken or made in the manner directed to which the remarks of the gentleman from
by the laws of this State, and certified by any Baltimore city, (Mr, Brent,) would apply, and
one of the said commissioners before whom the to remedy an inconvenience in regard to them, it
same shall he taken, or made, under seal, which was proposed now to put all offices, great and
certificate shall be, endorsed on or annexed to small, in the hands of the Executive solely. The
said deed or instrument aforesaid, shall have the amendment indicated by the gentleman from
same force a:od effect and be as good and availa- Biltimore, would enable the Governor to fill all
ble in law, for all purposes, as if the same had offices and keep them filled, in despite of the
been made or taken before some one of the judg- Senate, whose right of confirmation might become
es of the United States courts or of the courts of a nullity if the desire of usurpation and the boldrecord of the several States. "              ness to usurp existed. He explained this and ilIt would be seen that the law merely autho- lustrated it by examples.  In this he agreed
rized the Governor to name and appoint the with the gentleman from Somerset. And what
comr, issioners, by and with the advice and con- was the inconvenience sought to be remedied?
sent of the Senate. He hadno power, therefore, The present Governor, whether he had a constito papploint these commissioners. But suppose the tutional right to appoint, in the recess of the
G overnor had construed the law wrong, that he Senate, commissioners to take acknowledgments,iad no power to make these appointments, he of deeds, auctioneers and notaries public; on the
vwas not going to yield his opinion because gen- ground that no vacancy in any such offices had
tiemen of fhe Convention thought differently. If occurred during the recess. By law, twenty
the gentleman wished to fetter executive power, auctioneers may be appointed, but it is seldom
let the vote by which the article was adopted be that the full number apply, and afterward, dureconsidered, and then they could consider ring the recess, some one or two may make apwhether restraints should be applied  He, (Mr. plication. The number of notaries public and of
C.,) could then submit his amendment, which commissioners to acknowledge deeds is unlimitproposed that the Governor should have no pow- ed, and the necessity forsome particular appointer to appoint commissioners to take deeds, no- ment develops itself during the recess. Now, in
taries public, or auctioneers, although the revenue these cases, the practice of all our previous Goof the State might be benefitted by it. The gen- vernors had been to make such appointments in
tleman presupposed that the Governor of Mary- the recess, and the practical construction had
land, having the power to make original appoint- been given to the Constitution that vacancies in
ments, would purposely make appointments and such offices had accasioned when the appointwithhold the nominations, for the purpose of mak- ments became necessary. Yet, if there is really
ing temporary appointments. He, (Mr. B.,) did any doubt, let the matter he set right by Act of
not think the Governer would do this. If the Assembly, by which those officers were created.
gentleman proposed an amendment free from ex- They were not officers designated in the Constiception, he would vote for it.              tution, and the Legislature might make rules for
Mr. B. said that his purpose was to improve their appointment, consistently with the old
this class of cases. He had no other object, and Constitution, and with the fifteenth section of the
repudiated any other object. If a law should be present rep rt on the executive department Mr.
passed twenty-one days before the termination of  ). said he had no particular objection to the rea session; and if the Governor should be unable consideration, though he thought it hardly worth
to make a nomination for the office to the Senate while; but if the section were reconsidered, he
before it adjourned, then, by the gentleman's hoped the purpose of the gentleman from Baltiaiendment the public interests were to be dis- more might be carried out by an amendment less
regarded. If the gentleman would show  him  comprehensive and dangerous than that which
how he could restrict the Governor, and at the he had already suggested.
same   time safely leave  the offices  unfil-  Mr. GRASON remarked that some reference
led, then hewould vote with him afterthe adop- had been made to the course pursued by him.
tion of the clause should be reconsidered; but he He had no recollection of having made any apdid not wish to see the public interests put in pointments of commissioners during the recess of
jeopardy. He wished to see the offices filled by the Senate. He always held the opinion that
temporary appointments rather than not filled at the Governor had not the power to make these
all. if they should have a Governor corrupt or appointments during the recess, and he certainly
negligent enough notto fill offices which had been would not have made an original appointment
created not more than twenty days before the after the adjournment of the Senate.
termination of a session, or to fill offices autho-  Mr. DONALDSON suggested that if there was
rized by permanent law, then the public inter- any doubt on the subject, it would be better to
ests were to be disregarded, and the offices left reconsider the section and amend it.
vacant, whatever might be the necessity of filing  The question "will the Convention re-consider
them, merely from an apprehension that the Go- the vote by which the said thirteenth section was
vernor might commitfraud.                   adopted?'5 was then taken, and decided in the
His, (Mr. B.'s,) substitute only proposed that affirmative-ayes 32; noes 44.
during a recess, when a vacancy should occur, or  So the vote was re-considered.
an original appointment is to be made for the  Mr. BRENT, of Baltimore city, then moved the
first time, the Governor shall fill the vacancy following as a substitute for said section:
and make the appointment.                     Sec. 13. In all cases where the Governor has




503
the power by the Constitution or laws, to make after the commencement of the session, and the
any appointment to office, or in case any vacancy Senate should happen not to confirr the appointshall occur during the recess of the Senate, in ment, or should postpone action on the nominaany office to which the Governor has the power tion,-no matter how important it might be that
of appointment, he shall have the power in the the office should be filled-there would be a varecess of the Senate, to make such appointment cancy.
or fill such vacancy by granting a commission  Mr. CRISFIELD desired to ask the gentleman
which shall expire upon the appointment of the from Queen Anne's, [Mr. Speneer,] a question.
same person or any other person, by and with the Was not the section as amended, on his [Mr. C.'s]
advice and consent of the Senate, to the same own motion, so far as the commentary of the
office, or at the expiration of one calendar month gentleman was now concerned, in the same words
ensuing the commencement of the next regular as those of the existing Constitution?
session of the Legislature, whichever shall first  Mr. SPENCER replied in the affirmative.
OCCUr."
The substitute having been read            Mr. CRISF1ELD enquired then, whether any
such difficulty as that to which the gentleman
Mr. CkISFIELD said, that before the question referred had ever existed under the present Conwas taken upon it, he believed it would be in or- stitution?
derto perfect the original proposition.      Mr. SPENCER said, he had listened to the quesThe PRESIDENT, (pro tern.,) assented.    tion with proper respect, as he always should to
Mr. CRISFIELD then moved to amend the origi- any enquiry which gentlemen might think proper
nal thirteenth section by adding at the end there- to submit to him, in reference to any remarks
of, the following:                         he might make.    But, in reply to the en"Aind the Governor may in the recess of the quiry of the gentleman, he, [Mr. S.,] would ask,
Senate, appoint and commission, subject to the whether any man could have contemplated that
limitations aforesaid, an additional number of ten years ago, the Legislature would have violasuch officers as are authorised by any law exist- ted its d impative and sworn duty so el r as to
ing at the time of the appointment, which in its fa the  nited Sttessi And no ct en he, ar
terms do not limit the number of such class of of the  ted  tates?  Andnow when he [Mr
officers or of which the number limited has not S] pointed out a detect in the proposition which
been filled."'might lead to serious difficulty, the gentleman
met his objection by asking him whether'this was,
Mr. BRENT, of Baltimore city, said, it seemed not a copy of the provision of the old Constituto him that the amendment was the same as his tion. He, [Mr. S.,] was not to wait until such a
own.                                       case had arisen. If he could see any contingenMr. CHAMBERS, of Kent, (addressing himself to cy in which a difficulty might arise, it surely was
Mr. BRENT, of Baltimore city,) enquired, wheth- right and proper that the Convention should proer the gentleman was not satisfied that, under the vide against it. He did say with all respect to,
language of his amendment, the Executive officer the proposition and to the mover of it, that it
might forbear to make appointments. He, (Mr. did not place things in a better condition than
C.,) did not know that any Governor would be that in which they were under the provision as,
guilty of such misconduct, but did the amend- reported from the committee. On the contrary,
ment of the gentleman from Baltimore city, [Mr. he thought it was worse.
Brent,] guard against it? If the the amendment  CRISFIELD explained the object and oper
of the gentleman from Somerset, [Mr. Crisfield,] ation of his amendment.
met this objection, why did not the gentleman
from Baltimore city also guard against it?   Mr. BRENT, of Baltimore city, moved as a substitute for said amendment, the following,to come
Mr. BRENT, of Baltimore city. Let the amed- i   the end of said thirteenth section:
ment of the gentleman from Somerset, [Mr.
ment of time gentleman fgom Somerset, [Mr.   "And in all cases whereby existing laws or any
Crisfield,] be again read                law hereafter to be passed,there are appointments
The amendment having been again read-    to be made according to the discretion of the GoSome explanations as to its object and effect vernor, with or without limit as to number, then
followed, on the part of Messrs. MCLANE, CRIS- in such case, the Governor may in the recess of
FIELD, and CHAMBERS, of Kent.              the Senate, grant temporary commissions as
Mr. HowARD suggested that the object of the aforesaid."
amendment of the gentleman from Somerset,    Mr. BRENT said, this amendment would meet
[Mr. Crisfield,] was reached by the twelfth sec- all the difficulties which had been suggested.
tion which had been adopted.                 Mr. CRISFIELD said, that so far as he could unSome conversation followed on a point of or- derstand the amendment from merely hearing it
der, between Mr. SPENCER and the PRESIDENT read, he had no objection to it. He would ask
[pro temr.]                                that the amendment, as now offered by the genMr. SErNcER said, he should be compelled to tlenian from Baltimore city, (MIr. Brent,) and the
vote against the section altogether, because, if whole section might be again read.
amended as proposed by the gentleman from    They were accordingly read, whereupon
Somerset, [Mr. Crisfield,] if the Governor were  Mr. CRISFIELD said he would accept the amendto discharge his duty and were to make a nomi- ment of Mr. BRENT, as a substitute for his own
nation to the Senate within one calendar month proposition.




504
Mr. McLArN suggested that the original sec- appointee to continue. He stated what he contion, as it came from the committee, had been sidered to be the practice of the General Govrather marred than improved, by the amend- ernment, under the Constitution of the United
ments which had been made.                 States. Where a knowledge of a vacancy first
Some conversation followed as to the state of came to the President in the recess, it was rethe question, in which Messrs. McLANE, CRIS- garded as "occurring in the recess."  He would
FIELD and JENIFER took part                be willing to take the section with the simple
And some further explanations followed be- addition of the word "occurring," and adding a
tween Messrs. CRISFIELD and McLANE, as to the provision that the temporary appointment should
effect and operation of the amendment.     cease with the next session of the Senate.
Mr. MCLANE thought the gentleman would not  Mr. GRASON called the attention of the Conaccomplish his object, by the proposition he had vention to the article as it was reported, and the
offered. He referred to the discussion which had substitute proposed for it. According to the bill
taken place on the question of the power of ap- as it now stood, a person appointed in the recess,
pointment, during the recess, in relation to Fed- must be nominated to the Senate within thirty
eral offices, and adverted to the opinion given by days from the commencement of the session, and
Mr. Wirt, when attorney general, in the case of if rejected, his appointment terminates; and of
the appointment of a collector on Lake Erie, course his commission cannot be continued or
that the President had the power to fill the va- renewed after the adjournment. The fourteenth
cancy during that recess; an opinion which he, section expressly provides that no person, reject(Mr.McLane,)considered as having had stronger ed by the Senate, shall be appointed during the
basis to rest upon than the provision in our Consti- recess.
tution conferring the power on the Governor. He  The objection to the substitute is, that it only
regarded the power of the President of the Uni- provides for vacancies that "occur during the reted States, and the power of the Governor of cess." These words are used in the existing
Maryland, as precisely parallel in reference to Constitution, and have been susceptible of differthis subject. He therefore saw  no necessity ent constructions. Under one Executive, the
for either of these propositions. He thought the construction has been, that any vacancy in the
section as it came from the committee preferable recess, is considered as occurring at the time;
to either ofthem. He did not think the term of and undera different administration it was supan appointment should of necessity expire within posed that no vacancy could be considered as
thirty days after the meeting of the Legislature  occurring during the recess, unless it originated
If the appointment made by the Governor was an after the adjournment of the Senate. Under the
improper one, the Senate could at any time re- latter construction, the most important offices
lject it-.                                 might remain vacant, in case of the death or reHe was not aware that the Governor had the signation of the incumbents immediately before
power to appoint, during the recess, and that if the adjournment.
the nomination was rejected by the Senate, he,                         i 
could fill the office again with the same person,  n preparing the bill, the committee had wishuritil. the gentleman from Anne Arundel, (Mr. ed to avoid the use of ti;e doubtful terms which
Donaldson,) suggested it. If the Governor had are now attempted to be revived.
any such power, it ought toube taken away from  The gentleman from Kent, (Mr. Chambers,)
him.                                       was extremely anxious to guard against any posMr. DONALDSON explained what he had said  sible abuse of power by the Governor, but as reMr. BRENT referred to the opinion of the At- gards the abuse of power, on the part of the Sentorney General, Charles Lee, as directly oppo- ate, he appeared to entertain no apprehensions
site to that given by Mr. Wirt, as to the power whatever. There might be abuses of power by
of the President to appoint a commissioner, (an the Senate as well as the Executive, and aporiginal appointment,) during the recess of the pointments might fail from a difference of opinSenate  If there was a doubt existing on the ion respecting the persons nominated. In case
subject, it ought to be removed by the action of of a difference betee the  xecutive and S
this Convention.                           ate, and a consequent failure to make an apMr. CHAMBERS concurred in the general course pointment, the Governor ought to have the powof the remarks of the gentleman from Cecil -  er during the recess to fill the vacancy, not by
But there was still room for doubt whether the appointing persons who had been rejected, but
temporary appointee would not hold on after a  others who were not liable to objection.
rejection by the Senate. The language is ex-  Mr. McLANE rose to reply to the gentleman
press that the appointee shall continue to hold from Kent on two points-the one a difference
the office till a new appointmens is made. No of principle, and the other of interpretation. The
new appointment is made until a nomination is law of the United States provided, in case that
confirmed. He could not suppose the Conven- a vacancy was found in: the recess of the Sention designed to have the temporary appointee ate, the President may fill it in the recess.
fill the office after his rejection, and yet if other  Mr. CHAMBERS objected that this was too
persons were afterwards nominated, who were broad an interpretation. The practice is this: if
also rejected, there would be no new appoint- the President has first heard of a vacancy in the rement, and then the language of the proposed sec- cess, it is the construdtion that it occurred when
tion might be relied on to justify the temporary the President heard of it. But the President




505
has no power to fill any office which was vacated  Mr. GRASON and Mr. CHAMBERS mutually exduring the session, in the recess.          plained.
Mr. McLANE contended that where any va-     The question was then taken on the amendcancv is found to exist in the recess, the Presi-ment of Mr. BRENT, of Baltimore, (as accepted
ident fills it in the recess.v Mr. Cisfield.)
No quorum voted.
Mr. CHAMBERS did not mean his remarks to            conversaion followed on points of
apply to a certain class of appointments which orders
come under a new system of laws.r The question was then again taken on the said
Mr. MCLANE replied that this was the very amendment.
class to which this exercise of power bears ref-  But no quorum voted.
erence. The practice of the General Govern-   Mr. PRESSTMIAN moved that there be a call of
ment as he had stated it, is in accordance with the Convention.
a construction put on the power, and sustained  The motion was not insisted upon, a quorum
by the ablest statesmen and writers in the United  having been ascertained to be present.
States, and arises from the necessity of the case.  The question on the amendment was then again
And it had led to no ill results, but exclusively taken, and it was rejected.
to good. And, he asked, why would not gentle-  The question then recurred on the adoption of
man profit by the lessons of experience! Why the thirteenth section, as amended.
deny to the Governor of the State, the same pow-  Mr GRASON offered as a substitute for said secer which the United States Constitution gives to tion, the following:
the President of the United States. Why should  "Section 13. In case of any vacancy during the
we throw out of our institutions that privilege recess of the Senate, in any office which the Gowhich has been found indispensibly necessary in vernor has power to fill, he shall appoint soame
the administration of the General Government? suitable person to fillsaid office, whose commisCases of great emergency may arise, and you sion shall continue in force till the end of the
deprive the Governor of the power to act as the next session of the Legislature, or until some
necessity of the cases demands, lest a fraud  other person is appointed to the same office,
should be perpetrated. The gentleman from   whichever shall first occu., and the nomination
Kent supposes that under this sectionan appoint  of every person thus appointed during the recess
ment made in the recess may continue until the or of any other person in his place, shall be maide
end of the session,or a new appointment is made. to the Senate within thirty days after the next
He presumed the original section did not mean meeting of the Legislature.'
this, but only until the Senate should appoint.  Some conversation passed between  Messrs.
It was never intended that he should hold to the CHAnIBERS, of Kent, and GRASON, arising out of
end of the session, but only until there is a new  a change in the phraseology suggested by the
appointment. If there is ambiguity, he was former gentleman.
willing to. adopt any language which would re-  The question recurred on the substitute of Mr.
move it.                                    GRASON.
Mr. CHAnIBEaS repeated what he had before   Mr. CHAniBERS, of Kent, moved to amend the
said, as to the practice under the Constitution of said substitute by adding the words he had sugthe United States. Certainly General Jackson in gested to Mr. GS.ASON,) as follows:
the plentitude of his power, had largely advanced  In the first line, after the word "vacancy," inupon any previous practice. But he did not ad-  ert te words'may happen."
mit the propriety of his new precedents.  e   The amendment of Mr. CHAMBERS, by ayes 28,
never did and never could approve the re-ap-oes27, asareed to.
pointment of Mr. GWYNN, after his nomination  The question recurred on the adoption of the
had been once rejected, and on a second nomina- sbstitute of Mr. GRASON.
tion laid on the table., But a manifest difference  And it was adopted.
was to be noticed between the condition of the  And the section, as amended, was adopted.
United States, and the State of Maryland. The  Mr. THOMAS, by permission of the Convention,
vast extent of the former might require a large withdrew the amendment offered by him on Sapart of a session of Congress, to pass away af- turday, the 8th instant, to the fifth section of the
ter a vacancy had occurred, before a knowledge report, and substituted the following:
of the fact could reach the President. The Ser-  "The State shall be divided into four districts.
ate may have adjourned in the interim. In that Allegany, Washington, Frederick, Carroll and
case, for all pratical purposes, the vacancy did  Baltimore counties, to be the first; St. Mary's,
occur in the recess, that is to say, when the Pre- Charles, Prince George's, Anne Arundel, Howsident first became informed of it. In Maryland  ard and Montgomery counties, the second; Baltisuch a thing was not to bre expectd; with the     it the third; [larford and the eight counfacilities for rapid communication, it was scarce- ties on the Eastern Shore, the fourth district."
ly possible. But why further discuss this ques-       MOTONS TO RECONSIDER.
tion? There was doubt expressed, therefore, he
assumed there was roonm for doubt. A very few  Mr. CHAMBnERS, of Kent, gave notice of his inwords would remove it, and make it as plain as tention to move a reconsideration of the twventya pile-staff. Why then this unwillingness to second rule for the purpose of introducing the folchange a letter, a cross or a dot?          lowing amendment:
64




506'Whenever a question shall have been decided  Thirty-four members only answered to their
by yeas and nays, no motion to reconsider shall names.
prevail, unless there shall be cast in favor of a  Mr. PHELPS moved that the doorkeeper be sent
reconsideration a larger number of votes than to notify the absent members to attend.
those of the majority or original vote."     Mr. BOWIE. Of what use will it be? There
Mr. BROWN moved that the Convention take is no quorum in the city.
up for consideration the second section of the re-  Mr. PHELPS. I understood there was.'
port of the committee on the Executive depart-  Mr. BOWIE. Oh, no! Only four or five memment, for the purpose of making it the order of bers came down by the cars. I move, (addressthe day for Thursday next."                ing the Secretary in the absence of the President,
Pending the question on this motion,     pro. tem.,) that this Convention do now adThe Convention adjourned until to-morrow  journ.
morning at ten o'clock.                      Mr. SHRIVER moved that the names of those
present be entered on the journal, and that the
SECRETARY put the question on the motion to adjourn.
The SECRETARY stated the question to be on
the motion to adjourn.
SATURDAY March 15th, 1851.        Mr. PHELPS asked the yeas and nays, which
AUDAY, Marc    after some conversation on a point of order, were
The Convention met at ten o'clock.       taken, and
Prayer was madeby the Rev. Mr. GRAUFF.     Were yeas 18, nays 25.
The roll of the members was called.        So the Convention refused to adjourn.
There was no quorum present.               And, the motion having been renewed and deMr. PHELPS moved that there be a call of the cided in the affirmative,
Convention.                                  The Convention adjourned until to-morrow
Five members having sustained,the motion,(as morning at ten o'clock.
required by the rule,) a call of the Convention
was ordered.
The roll was called.
And the names of the absentees were then again
called.
When the name of Mr. CHANDLER was called,              TUESDAY, March 18, 1851.
The PRESIDENT, pro tern., rose and stated to
the Convention, that he had been requested by  Prayer was made by the Rev. Mr. GRIFFITH.
Mr. CHANDLER, to inform the Convention, that  Mr. WARE rose and moved, that in the abhe had been called home by the illness of a mem- sence of the PRESIDENT of the Convention, Mr.
ber of his family.                         BUCHANAN, of Baltimore county take the Chair.
The doorkeeper was sent to notify the absent  The motion was unanimously agreed to.
members to attend; and, in a short time, he re-  Mr. BUCHANAN thereupon took the Chair.
turned and stated, through the PRESIDENT, pro  The roll of the members was called.
tem., that he had perform his duty.          Forty-seven members answered to their names.
Subsequently the doors were locked, and the  After some time, fifty members were reported
Sergeant-at-arms, was sent to bring in the absent to be present.
members.                                     Not a quorum.
After some proceedings, and a good deal of  Mr. SMIrH said that there were, to his knowlfun, (no quorum having been obtained,)     edge, other members of the Convention in the
The Convention adjourned until Monday morn- city not now in their seats. He would, therefore,
ing at ten o'clock.                        move that there be a call of the Convention.
The roll was called and a quorum was ascertained to be present.
THE PRESIDENT.
Mr. BOWIE rose and stated that a letter had
MONDAY, March 17, 1851.       been received from General CHAPMAN, President
of the Convention, stating that he was detained
The Convention met at ten o'clock.       from the Convention by a serious accident. It
At a quarter before twelve o'clock,      would, therefore, be necessary to go into the
Prayer was made by the Rev. Mr. GRAUFF.  election of a PRESIDENT, pro ter. And he, (Mr.
No quorum was present.                   B.,) moved that the Convention now go into an
Mr. PHELPS rose and said, it was intimated by election.
gentlemen near him, that a quorum was in the  The question was taken,
city. By calling the roll, and sending the door-  And the motion was agreed to.
keeper to notify such members as might be in  Mr. BOWIE nominated Mr. WILLIAMS, of Somthe city to attend, it was probable that the atten- erset.
dance of a quorum might be obtained.         Mr. SHRIVER nominated Mr. BUCHANAN, of BalThe roll was accordingly called.         timore county, (the present Chairman.)




507
Mr. DIRICKsON enquired whether any motion had but one aim-one end-one hope. I have
had been made as to the mode by which the elec- known no party. I have cast from me, as untion should take place-by ballot or viva voce?  worthy and polluted things in such an assembly
The CHAIRMAN said no motion had been made. as this, all party considerations. I have looked
Does the gentleman submit any?             with a single eye to the honor and the welfare of
Mr. DIRICKSON. I have none to make.      proud old Maryland-the Shibboleth of our poliMr. BOWIE. I move that the election take cy-the glorious centre of all our hopes and all
place viva voce.                           our affections! I have endeavored solely and
The motion was agreed to.                simply to secure to her the adoption of such a
Mr. SHRIVER moved that the Secretary an- Constitution, as her enlightened and patriotic
nounce the names of the nominees, (which be- children have a right to expect at our hands. Nor
ing done,)                                 has my confidence in the ultimate realization of
Mr. SMITH moved that tellers be appointed to that result, been in any degree shaken. I do
count the votes.                           conscientiously believe, that notwithstanding the
Ordered accordingly.                     portentous clouds which have at times darkened
Mr. PHELPS moved that the tellers be appoint- our horizon, there exists an inflexible determinaed by the Chair.                           tion here to give a triumphant issue to our laOrdered- accordingly.                    bors, by the formation of a Constitution which
The CHAIRMAN appointed the following gen- will be acceptable to the people, and under
tlemen tellers to count the votes          whose benignant provisions the State may rapM r. MAGRAW, of Harford.
Mr. MA'RAw, of Harford.idly advance towards the fulfilment of, the high
Mr. PHELPS, of Dorchester.                      tt a      
destiny that awaits her.
The tellers took their seats and the Secretary  The work is before us. Gentlemen, letus ac
proceeded to call the roll.                cmplish it.
Mr. JENIFER, when his name was called, re-complish it.
M~r.  whn isnmewa cled r-Tlhe journal of Saturday last and of yesterday,
marked that it would give him pleasure to vote weT e then severally read an d approved.
for Doctor WILLIAMS, but as the Presidents, pro     seeray read ad 
ter. had hitherto been taken from the smaller        MOTIONS to RE-CONSIDER.
counties, he preferred to vote on the present occasion for a gentleman from one of the upper  Mr. CHAMBERS, in pursuance of the notice he
counties, and should therefore vote for the gen- had heretofore given, moved to reconsider the
tleman from Baltimore county, (Mr. BUCHANAN.) twenty-second rule of the Convention, for the
The roll having been called through,     purpose of introducing the following amendment:
The result of the vote was announced as fol-,  "Whenever a question shall have been decided
lows:                                      by yeas and nays, no motion to re-consider shall
Whole number of votes, fifty-three.      prevail, unless there shall be cast in favor of a
Of which number-                         re-consideration a larger number of votes than
Mr. BUCHANAN received thirty-four, and Mr. those of the majority on the original vote."
WILLIAMS, nineteen.                          Mr. C. said, he took it for granted, that it was
So Mr. BUCHANAN, having received a majority not necessary for him to say any thing in favor of
of all the votes cast, was declared duly elected this change of the rule. Its object simply was to
PRESIDENT, pro. tern.                      prevent a thin Convention from over-ruling the
Whereupon, the PRESIDENT, pr. ten., took the decision of a Convention more full. Common
Chair, and, after a brief pause, rose and address- honesty, it seemed to him, required the change.
ed the Convention as follows:,
Mr. McLANE said, he was sorry he could not
Gentlemen of the Convention:               vote in favor of the proposition of the gentleman
I acknowledge with deep sensibility the honor from Kent, (Mr. Chambers.) It might lead to a
you have conferred upon me, in calling me to vast deal of embarrassment, and was not exactly
administer the duties of this Chair during the in place, he thought, in such a body as this. Of
regretted absence of the presiding officer of your all bodies, that which had assembled for the purchoice. I speak with unaffected sincerity when pose of forming a Constitution should, as regardI say, that this signal mark of your confidence ed votes and re-consideration of votes upon proand respect was not less merited, than unexpect- positions which might from time to time come
ed by me. Yielding, however, to no man.in a before it, be as free as possible.
stern patriotic purpose to accomplish the great  On going back to the Convention which
objects which have brought us together, I shall formed the Constitution of the United States,
endeavor to discharge the duties of this station and probably there could be no better model,
in such amanner as may best promote these ob- either as regarded the instrument itself, or
jects and secure their final consummation. In the character of the body which framed it, it
this earnest and honest effort, 1 shall rely confi- would be found that the constant'practice was
dently, gentlemen, on your forbearance and to take up a subject to-day, vote upon it, lay it
support.                                   aside, take up another, and, after considering
It is not inappropriate to the occasion to say, that, go back by a motion to reconsider to that
that since I have had the honor of a seat in this subject which they had in the first instance parConvention, it has been my good fortune to move tially disposed of.  Such was the practice of
on harmoniously, and in the kindest interchange that body, not only as regarded cardinal princiof fraternal regard with all its members. I have pies, but thedetails of measures. And it was




508
absolutely necessary that it should be so.- for reconsideration might be brought forward.
The motion of the gentleman from Kent (Mr. But when once brought forward, it must, of
Chambers) would very much deprive the Con. course, like all other motions, be decided by a
vention of all the benefits resulting from such a majority.  Nobody, he believed, ever before
practice. So far as his [Mr. McL's.] knowl- heard of a rule, by which a motion to reconsider
edge extended, no such rule as the gentleman when once regularly made; was not to be decidproposed was to be found in any deliberative or ed like other motions. It might well be'doubted
legislative body, unless perhaps it might have whether the Convention.could prescribe any such
been in some of the colonial or provincial Leg- rules; rules by which anything, more than a maislatures. The only distinction in relation to jority of members should be required for the demotions to reconsider had been, that such a m ci  of an qestio regularly before it.
tion should be made by a member who had vo-   Mr. W. proceeded to say, it was with great
ted with the mority; and this had been a sufi- nunwillingness that he troubled the Convention
cient security against any improper use of the agin on his occasion, but he would indulge the
power to reconsider. This Convention had va-, that ater the filure of so  any attempts
ried that rule, because it had found it requisite to ualif the rigt of moving to reconside, in
to do so for its own security. He was willing any manner acceptable to the Convention, gentlemen would be more inclined to adopt the
to go back to the original vote, so far as to re-d mo                            o
quire that motions to reconsider should be made usual linitation-the restriction of the right to
some member voting with the majority. No
by members voting with the majority; but he soe   ielber  voting wih the majority. No
sby members voting wihthe majority; but e  other qualification was so simple, or so easily unwas opposed to the adoption of any new restric- derstood, and none better secured the right
tion from which he conceived great inconveni-  ginst abuse."
ence might result. And Mr. McL. put a case     r.. hen went on, (continued Mr. McL.,)
in illustration.                           to advocate the adoption of the general rule, as
He found that in the Convention which applied in most cases-that was to say, that the
framed the Constitution of the State of Massa- motion to reconsider should be made by a memchusetts in 1820-21, a motion had been made her voting with the majority.
similar to that of the gentleman from Kent, [Mr.  The rule proposed by Mr. Morton, which was
Chambers.] The rule was debated by some the same as that now offered by the gentleman
most eminent men; and, after a good deal of from Kent, (Mr. Chambers,) was voted down,
discussion, a motion wvas made by Mr. Morton without even the form of a division, and ultito strike out the whole rule, and insert "one mately the Convention, on the motion of Slr.
which should allow of reconsideration, when as Webster, adopted precisely the rule vhich he,
many members voted for it as were in favor of (Mr. McL.,) had indicated at the outset of his
the original measure, provided they were a ma- remarks; that was, simply requiring the motion
jority of the members voting on the question of to be made by a member voting with the mareconsideration-notice to be given-and one re- jority.
consideration of the same question only to be  We had had that rule here, but it was changallowed." Let us see how Mr. Webster treated ed. He confessed that he desired as much latithe proposition. He [Mr. McL.] read from page tude as possible, and he thought that such also
27, of the debates of the Convention.      should be the general desire of the Convention.
"Mr. Webster thought, that of ail the various A decision might be made on a question to-day,
propositions which the occasion had elicited, that when there might be a thin attendance. It
now before the Convention was the most extra- might become important to have the decision of
ordinary. It appeared to him to be in many re- a fill House.
spects objectionable. In the first place, what is  They were acting here on the formation of a
meant by requiring as many votes to reconsider Constitution which was to endure, he hoped, so
a motion, as were in favor of the original mea- long as any of those, who assisted in framing it
sure? Suppose thequestions were on the adop- might exist. And it was important that every
tion of an amendment-a vary small number, for part of it should be well considered. If a niisexample five, might be in favor of it, and all the take was made to-day, the Convention should
rest against it. Yet, in this case, by the proposed have an opportunity without any great formality
rule, the vote was necessarily to be reconsidered. to go back to the proposition and rectify thtit
The honorable gentleman had drawn his motion mistake. When the Convention came to tlhe
as if qarimative votes only could be reconsidered, final vote, there would probably be a full attenand has made no provision at all for the recon- dance, and any error which might have been
sideration of nlegative votes. Again, according to made could be corrected.
fhis provision, a motion for reconsideration might  He thought that the gentleman from  Kent,
be made and discussed for a week; then put to (Mr. Chambrers,) would not obtain his object by
the vote, and although carried affirmatively by a the proposition, he had offered. He thought the
majority, have no effect, arid be declared anullity  amendment which had been made to the rule on
because the majority was not large enough.  the motion of the gentleman from  Frederick,
"He begged leave to dissent entirely, and most (Mr. Thomas,) was a good one. The Convenwidely, from all such modes of proceeding. All tion had not wasted time under it, nor (id he
rules respecting reconsiderations, were intended think that there need be any apprehension on
and adopted for the purpose of ascertaining, un- theit score.
der what circumstances, and. by whom, amotion  Mr. CHAMBERS said he felt some degree of




509
mortification, as well as surprise, at the opposi- The yeas and nays are recorded, showing this
tion to the proposed change or addition to the to be the sentiment of the house. At the expirule. He had supposed if any proposition could, ration of three months after this vote, there are
be offered, which would receive universal con- fifty-five members attending; a case not impossisent, it was this. It seemed to him to be dicta- ble, because it has actually and repeatedly octed by the plainest principles, not of generosity  curred. One of the twenty-seven moves, after
only, but of common fairness and propriety. a day's notice, for a reconsideration, and it is
What was it? Why nothing more nor less than. voted for by twenty-seven members, then being
this, that aftera majority had deliberately adop-a majority, and the vote of the seventy-six is
ted a measure, it should not be defeated and an- overuled by the vote of twenty-seven; it may
nuled by a minority. He thought the fairly ox- be the same twenty-seven, who, when the house
pressed will of the majority ought to prevail. If was full, constituted barely a fourth of the
this republican doctrine was sound any where, it whole number of votes given. Was this proper?
certainly was here in this body. He must be Wa it consistent with fairdealing?  Was there
permitted to say, that he could not perceive thea in  in the  assachsetts  o
accuracy of the conclusions to which the argu- anything Cn the  lassachusetts Cnvention, or
~ment of the geteafo eilany other Convention like it? He thought not.
ment of the gentleman from Cecil, had conduc- ut, says the gentleman, we may expect a full
fted nhim. Vitlh the gentleman's argument, he Convention when a final vote on a proposition
found no necessity to battle, but his, (Mr. C.'s,)   to be taken.  hat securiy have we for this?
perceptions rmust be strangely oblique, if they  Is to be taken  What sectrity have we for tis?
justified the result at which that gentleman hadNay what easonable expectation have we? We
arrived. The argument was that in a bodv like have taken final votes, and most important votes;
this, there should be a full and perfect opportu-we have waited and postponed from time to
nity to reconsider every measure which might time, but have we had a full house?  The jourhave been adopted. No one has gainsaid this.nal would sadly contradict any such statement.
We have a rule granting leave to reconsider,  e all knew that members were continually
more liberal and of broader extent than ever pre-absent, attending to their professional and dovailed; so far as he knew and believed, in any  mestic concerns, and the proloned session of
Convention or legislative body, in any State in the body would furthersincrease the motives to
this Union. It allows a reconsideration to be be absent. He had no motives, personal or pomoved, at any period of the session, however re- litical, to gratify. He was in his chair all clay,
mote from the day of the original vote, by any  every day. His particular views were as little
individual, whether in the majority or minority. likely to be injuriously affected by the existing
The gentleman had found a debate, in the pro- state of the rule, as those of any other individceedings of the Massachusetts Convention of ual. His sole object was to secure the Conven1820, on this subject of reconsideration, and sup- tion against the effects of excited feeling, which
posed he also found there a proposition like this, might lead an accidental majority, to yield to
and that it was rebuked by Mr. Webster. Sir, other influences than such as prudence and sound
said Mr. C., there is not more difference between  discretion would suggest, and do what was
light and darkness, than there is between that wrong in itself.
case and this. In that case, as it is read by the  His amendment only applied to votes taken by
gentleman, for he had not seen it, the rule pro- yeas and nays, [always the index of a fixed purposed for reconsideration was, that the-motion  pose,] and simply protected such a vote from a
must be made on the same or the next day after reversal by a smaller number of votes, at any
the vote taken. Here it may be reconsidered at subsequent time.
any period of the session. The rule there requ^ired as manay members of the Conventionl to be  Mr. C. here read from the proceedings of the
quire   at the membe of the reconsieration   Massachussetts t h e Convention, [which had oeen
present, at the  e of the reconsideration, as at handed to him from Mr. MeLane,] and insisted
the time when the original vote passes. In ourhanded  ebste r had not said one,] ad insist
rule, no su,eurmn i fud             that Mr. Webster had not said one word in oprule no sluch recquirement is found.       position to the views which he, [Mr. C.,] had adThe object of Mr. Webster seemed to be, as vocated. The state of the rule there, does not
far as he could collect it from the gentleman's make it a case of resemblance or comparison in
reading, to have the rule conform to the rule the particular to which his amendment applied.
which obtains in Congress. Where the motion Mr. Webster's rule was, on the contrary, decito reconsider was confined to the same or the dedly more stringent than ours would be after the
next day, there could not well be surprise, and amendment should be added' to it.
that was what he wished to avoid. The same   He alluded to the various instances of motions
members would be apt to be present; at all for reconsideration-and the extended discussions
events they would know that a reconsideration which have been had since the presentation of
might be moved within that period, and after the first report-the report from  the committee
remaining to the close of the succeeding day, on the elective franchise-and to the small numwould be secure against surprise. But how is ber of attending members. to show the danger of
it here? We have one hundred and three mem- reconsidering with a thin House.
bers. They may all be present, and on a con-  He was a thorough-bred republican, at least
tested question, in a full house a proposition is in one respect. He thought a decision of the
carried, and an article of the Constitution adop- majority, fairly expressed, ought to prevail and
ted, by a-vote of seventy-six to twenty-seven. not be subject to reversal by a subsequent vote




510
of the minority. He had, therefore, thought it  Mr. MCLANE continued. He thought that if
best to guard against this danger; but, if a ma- the gentleman would look to the Madisonian
ofrity of the Convention chose to authorise such  papers, or to any other authority professing to
a state of thihgs, be it so. He could submit with give the proceedings of the Convention, he would
as good grace as other folks. He could not, find that all these strict parliamentary rules were
however, believe it would add much unction to dispensed with. He did not mean to say that
their work-the new Constitution. He repeated there were no written rules. He meant to say,
his surprise at the opposition, the more particu- that no question was disposed of at any one time,
larly, because, when he gave notice of his inten- until the Convention came to take the vote on the
tion to move it, he thought there were manifes- close of the whole question.
tations of approbation from all parts of the Hall.  In relation to the evil spoken of by the gentleMr. MCLANE said, that the tone rather than  man from Kent-the right of a minority to conthe substance of the remarks of the gentleman trol the majority-he, [Mr. McL.,] did not differ
from Kent, (Mr. Chambers,) induced him, (Mr. with that gentleman. But he wished that the
McL.,) to trespass a few moments longer upon  gentleman would carry the principle a little furthe time of the Convention. He had not stated, ther into graver matters, rather than into mere
nor insinuated, that the learned gentleman had matters affecting the rules of proceeding in this
found a precedent for his motion in the proceed- body-that he would agree to form a Constitution
ings of any previous Conventions which had been upon a basis by which the majority, and not the
held. He, (Mr. McL.,) was sure that the gen- minority, should have the control of the Governtleman could not find a case in which a motion ment. He, [Mr. McL.,] could not, therefore,
had been successfully made to erigraft such a dissent from the view expressed by the gentleman
provision on the rules of proceeding. The gen- on this point. He, [Mr. McL.,] meant to say
tleman was entitled to the merit of an original this: if the gentleman was afraid of the rule as
invention; and he, (Mr. McL.,) freely conceded it now stood, let him go back to Mr. Webster's
that merit to him. It was true that a proposi- rule and provide that a reconsideration shall
tion identical, as he understood, with this had only be moved by a member voting in the mabeen introduced into the Massachusetts Conven- jority. What he, [Mr. McL.,] objected to, was
tion, and had been deemed so objectionable on that, after a vote had been taken, no matter how
all sides as to have been voted down without a the opinions of gentlemen might have changed,
division. If, therefore, the gentleman from Kent, no matter how egregiously they might have erred
[Mr. Chambers,] had seen the notice of such a in the decision they had made, they could not go
proposition in the Convention of Massachusetts, back and rectify the error, unless there were the
and was aware of the fate to which it was con- same number of members here who voted in the
signed, he must have had some courage undoubt- first instance.
edly to introduce such a proposition here, with  Mr. CHAMBERS went into an examination of
any expectation that it would be successful. the proceedings in the Massachusetts ConvenSurely he, (Mr. McL.,) did not mean to say, that tion, insisting on the marked difference between
the gentleman obtained his proposition from the that case and the one now before this House;
Massachusetts or any other Convention. What and thatnothing said by Mr. Webster, was inhe had said was, that such a rule never had, so tened to oppose the  principle now  proposed.
far as his knowledge extended, been adopted in The first amendment proposed to the Massachuany legislative body or Convention-unless apre- setts rule, Was by Mr. Bliss, "that no vote of the
cedent might be found in the provincial legisla- House should be reconsidered, except on motion
tures-a source to which he thought very few  of one of the majority." It was objected that
would be disposed at this day to go for parliamen- this "would preclude any one who was absent,
tary rules, or rules relating to the freedom of de- or did not vote, from moving a reconsideration."
bate, or of action.                        To this Mr. Webster replied, "it was proper it,. the g n to te C n-should operate in that manner." "No one
iHe had referred the gentleman to the Conven- should be absent, flattering himself he might retion which formed the Constitution of the United  medy any mischief by moing a reconsideration."
States, where it would be found that the right of "He wished every subject to be thoroughly disre-consideration  and the practice were alike cussed, but he wished it to be done according to
free.                                      the rules of legislative bodies."  "Every memSome conversation passed between Messrs. ber conversant with the proceedings of deliberaCHAMBERS, of Kent, and MCLANE; after which  tive assemblies, must have observed the inconveMr. MCLANE resumed his remarks. He meant nience from the practice of frequently reconsidto say, that the practice of the Convention which  ering votes which have been passed."
formed the Constitution of the United States was  The rule was subsequently reported in such a
uniform, in daily going back, for purposes of form as to requireas many members of the Conre-consideration, to questions which had been vention to be present when a reconsideration is
passed upon.                                voted for, as were present when the original vote
Mr. BowIE, [in his seat.] Without limitation  passed. Was that what is now proposed here?
as to time?                               Not at all-nothing like it. What was the obMr. McLANz. Without limitation as to time, jectionthere? Hear it: "The House is now
so far as I know.                           very numerous-gentlemen   would  be from
Mr. CHAMBERS, of Kent. We will have the inevitable accident called home, and the memauthority here, so that we may be certain,  bers of the House regularly decreasing.  It




511
would also be in the power of persons op- on the ground of its "novelty." Why certainly
posed to reconsideration, to keep out of the it is novel. And why novel? Simply for the
House, and in that way to gain their object." reason that the existing rule is novel, entirely
Yes, sir, one man by keeping out of the House novel, not known or adopted in any Convention
might thereby prevent a reconsideration, though or legislature, whose history is known to us. And
a number very much larger than that by which was it not' of course," that modifications of this
the original vote was carried, were ready and "novel" rule must be "novel" also. He did not
anxious to reconsider.                    suppose that in this presence, the argument per
It was this which occasioned the strongremark se, that a measure was novel, should condemn it.
of Mr. Varnum. A rule was then proposed "to  The gentleman had referred to the rule said to
allow of re-consideration, when as many mem- be adopted in the Convention which formed the
bers voted for it as were in favor of the original Constitution of the United States. No other
measure, provided, they were a majority of the evidence had been furnished of the existence of
members voting on the re-consideration-notice to any such rule, except what was said of it by one
be given and one re-consideration only to be al- of the members in the course of debate in Massalowed."                                   chusetts. He could not, of course, admit or deny
The defects in this rule as stated by Mr. Web- what was the character or purport of a rule of
ster, and which induced him to declare it the which neither he or the gentleman were informmost extraordinary of all propositions submitted, ed. So much for the"proposed alteration of the
were amongst others, that on a question of adop- rule, about which he cared but little, but wished.
ting an amendment to the Constitution "a very it understood.
small number, for example five, might be in  The gentleman from Cecil had commented on
favor of it and all the rest against it, yet in this his, (Mr. C.'s,) profession of republicanism, incase, by the proposed rule, the vote was necessa- timating a want of consistency in not carrying'ily to be re-considered."  Again he said: "the out the principle of "the right of a marule as proposed was drawn as if afrmative votes jority to rule." He did understand the allusion,
only could be re-considered."  Did these objec- not being aware he had on any occasion here adtions, Mr. C. asked, did either of them apply vocated the doctrine that a minority should conhere? Most certainly not. An equal number of trol the majority. He had expected the majority
members need not be present, an affirmative or a of this Convention to make the new Constitution.
negative vote may be re-considered, and he would He held they were bound to do so, and he, for
add, a majority will have its decision enforced. one, was ready and constantly had been, to emAll that had been quoted from Mr. Webster, was ploy himself in this duty. He was every hour of
said in relation to the particular rule there dis- every day in his chair, and intended so to be, to
cussed. He was for restricting the right of re- the neglect of other urgent and important duties,
consideration, greatly more than it would be re- t accomplish this very purpose. It was very
stricted by our rule, with the amendment now be- true that those who were so loud in their defore us. The language on page 28-too long to mands for reform, cannot now determine amongst
quote at large-will be found to design any thing themselves, what is the reform needed. That
but a commendation on the facilities of re-con- was no fault of his, nor should the fault be at his
sideration. But we were not left to grope through door, if no Constitution was made. He was alan argument to find Mr. Webster's views. Af- ways ready to vote, and if out-voted to submit.
ter succeeding in convincing the Massachusetts
Convention of the correctnessof his views, he  He was not, therefore, to be impeached by
embodied them in a condensed form in the shape anything he had done here when he claimed to
of a rule in the following words-to be found on bea republican. He was one-one of the old
page 29 — when a motion has been made and stamF-had been so all the days of his life. The
carried, in the affirmative or negative, it shall be first political speech he ever made, the first vote
in order for any member of the majority, to he ever gave, were made and given in and for
move for a re-consideration thereof, on the same that school, and there he had remained in it to'
or succeeding day." And on page 30, this rule this day  This was dating, perhaps, beyond'
was adopted, by a vote of two hundred and fifty some gentleman who had attached themselves
to one hundred and twenty. This is precisely to later schools of republicanism, and which, be.
the rule of Congress, which we have thought it cause later, were of course improvements; as
right and proper, greatly to enlarge. This rule, the book-makers say of their nqw editions, "ret will at once be seen, restricts the right to re, vised, corrected and improved."  These new
consider greatly more than the rule here would editions sometimes command a higher price, but
do, even when amended as now proposed. He they do not always contain better matter. I-e
trusted, that, however, in the first remarks he had was a republican in nothing more sternly than
made, without the book to consult, he had mis- in the doctrine, that in every question properly
applied some of the remarks there used, he had for decision, a majority should govern.
now fully satisfied the Convention that he was  Mr. BRENT, of Baltimore city, said that much
not proposing a measure which would make a re- time had, undoubtedly, been Consumed in deciconsideration more difficult than Mr. Webster's ding questions of reconsideration, but still more
did.                                      time, he thought, had been consumed in reconThe gentlemen from Cecil does not,deny or sidering the rules of the Convention, because, no
propose to remedy the evils against which this sooner was one set of rules adopted, than it was
proposition is directed, but rests his opposition immediately met by a motion to reconsider. He




512
thought, however, that the great evil was not in ly to the Jeffersonian track than the gentleman
the rules, but in a difficulty which the amend- from  Cecil, (Mr. McLane,) or the gentleman
ment of the gentleman from Kent, (Mr. CHAM- fiom Baltimore city, (Mr. Brent,) or whether,
BERS,) did not propose to remedy.           when the gentleman from Kent brought forward
Mr. B. here referred to the habit of gentle- his amendment, (from the most honest motives
men to read the newspapers when the debates as he, [Mr. P.,] did not doubt,) the almost unaniwere going on, thus not listening to what might mous sentiment of the Convention was in favor
be said. [Several gentlemen rote and asserted  of its adoption. He did not know how the gentheir ability to read the newspapers and listen, at tleman had arrived at that conclusion.
the same time, to everything that was said.]  Mr. CHAMBERS, of Kent. By a general exMr. BRENT continued. All he could siy then, clamation. I heard at least a dozen voices cry
was, that gentlemen had a finer capacity than he out in its favor.
possessed.                                     Mr. PRESSTMAN, continuing, said, that he was
Mr. B. then referred to the case of the thir- in the Convention at the time the notice was givteenth section of the executive report, which had  en, and no such exclamations had reached his
been reconsidered, and in which, after the re- ear. He had no doubt that the gentleman was
consideration, on the motion of the gentleman sincere and honest in his course-that he believfrom Kent, [Mr. Chambers,] the proposition had  ed that the existing rule had worked mischief,
been restored just as it stood before. The result and that his amendment would work rood.
was, that the same mischief was left in the new  He, [Mr. P.,] desired to call the attention of
Constitution which was found in the old one. the Convention to the plain, practical fact.
He referred to the proposition which allowed the  There were now upon the journal, propositions
Governor to make temporary appointments dur- which had passed by immense majorities, as to
ing the recess where they were not cases of va- which motions of reconsideration had been inticancy. There was the case of an original pro- mated, and which, if not reconsidered, might, in
position passed for want of proper attention. It the opinion of some gentlemen lead to a good
was reconsidered, and then restored as it stood deal of harm.
before. Unless the Convention could enforce   In this connection, Mr. P. cited the case of
gentlemen to attend to what was going on-to  the single provision abolishing imprisonment for
keep the current of the debate and thus enable  debt, where the naked principle had been adoptthemselves to vote understandingly-no rule  ed, without any of these controling provisions
would prevent the consumption of time in mo- which, in the judgment of some gentiemen,could
tions to reconsider.                        alone obviate the ruinous effects which would reWhat was the proposition of the gentleman  suit from its adoption. That proposition had
from Kent, [Mr. Chambers]? That the majori- passed by an affirmative vote of sixty-fivety must govern. The rule was a very good one  against a neative vot of some five or six. This
for the Convention, but would not do'for the  was one prominent measure in respect to which
people. Gentlemen were not willing to applya motion to reconsider was pending.  That toit to the people. He would like to see gentle-  had been incated by the gentleman from
men consistent-these Jeffersonian republicans, Kent, (Mr. Chambers.)
men consistent-these, Jeffarsonian reP        It was to be borne in mind that, although the
who were born in the doctrines of the Jefferso- It   tobe borne  md that although t
nian school-he would like to see them carry out gentleman from Kent had, no doubt, in his eye
these' principles, as he, (Mr. B.,) did, amongthe future and not the past proceedings of the
the people. Did Jefferson sanction the doctrine  Convention, yet, as thee gentleman from Cecil,
that the minority of the people were to govern?(Mr McLane,) had stated, the gentleman from
He would like to see the gentleman carry out  ent,(Mr. Chambers,) was not here arguin for
the doctrines of that eminent man in all respects.the restoration of the rule as it originally stood.
If the gentleman's proposition had sought merely
Mr. B. then examined the proposition of Mr. to restore the rule which provided that no memCHAMBERSa-gave his, [Mr. B's.,] understanding  ber should move a reconsideration, except lie
of its effect, and argued that it ought not to be had voted with the majority, he, (Mr. P.,)
adopted. Members might from better informa- could see some good reason tor it.
tion, from conscientious conviction of the error  But the gentleman proposed an entirely differof their decision, change their minds, and desire  ent thing. He had gone, in his, [Mr. Ps,] judgto reconsider the decision they had made. They  ment one step too far, and had submitted a proshould not be deprived of the opportunity to position, the effect ofwhich, would be to delay,
do so.                                      rather than facilitate the business of the ConvenMr. CHAMBERS replied. His remarks will be tion. He did not believe that the gentleman depublished hereafter.                        sired any such result.
Mr. PRESSTMAN said:.                        He, [Mr. P.,] thought that a majority of the
That he should not enter upon any of these  Convention might be willing to restore the old
nice distinctions which had been drawn on either rule; but this w~Ms entirely a new proposition for
side in the course of this debate. iHe did not which the gentleman had not been able to proknow that it was important to the settlement of duce a single precedent in any legislative body.
this question, whether the proposition had been  He, [Mr. P.,] was one of those who were in
sustained, or voted down in the Convention of favor of the application of the previous question.
Massachusetts, or whether the gentleman from  He hoped it would be freely used. It was at any
Kent, (Mr. Chambers,) had adhered more close- time, in the power of the Convention to get rid,




513
by its applicatioa, of any subject-matter before their distance seemed to be widening as they go.
it, whenever they believed that the discussion When they come to leap off from that circle Ito
had been sufficiently extended, to enable the the great ocean beyond, whatever their lot might
members to give an intelligent vote.      be, he suspected that neither would be much inSome further remarks were made by Messrs. dined to dispute about Jeffersonian politics.
CHAMBERS and PRESSJMAN which willbe publish- They would have other cares to engross their ated hereafter.                             tention.
Mr. BRENT, of Baltiimore city, said, that when  The gentleman had misconceived his argu.
he called attention to the fact that bat few mem- ment, and had not done justice to the authoribers were listening-altlough it appeared to be ties he (Mr. McL.) had cited. He had not spo.
the case that some were listening who were, at ken of the rule as it now stood. He had concethe same time, reading newspapers-it was with ded that the rule was an improper one. Ie
no unkind motives, and was intended as no re- thought it prudent and wise to go back to the
flection upon any member of the Convention. original rule-the universal rule of every parli()n the contrary, it was intended as a strong amentary body-and to require the motion toreillustration of the evil to which he had referred. consider te be made by a member who voted in
Mr. B. proceeded to illustrate his objection to the majority. His objection was to the mode
the amendment proposed, by supposing that one of correcting the evil. He would now proceed
hundred and three members, being the whole to call the attention of the Convention to the
number, should be present, and that they should rule proposed in Massachusetts.
be so equally divided that fifty-two should be in  The rule reported by the committee, in the
favor of the proposition and fifty-one against it. Massachusetts Convention, was as follows:
If one of the fifty-two should change his opinion  "No motion for the reconsideration of any
and desire a    reconsideration, there would be but vote shall be sustained, unless made on the day
fifty-two desiring the reconsideration; and in- on which such vote passes, and a return of the
quired whether it was just and proper that the Conventionbe then made and entered on the
majority should not have the right, in that con- journal, when the question was not taken by
tingency, to reconsider. 
tingenMr. CHAMBERSyf ent, said, that as that as reconsider. yeas and nays; every such motion shall lie on
Mr. CHAMBERS, of Kent, said, that as that was the table one day before it shall be taken up for
a possible, though not a very probable case, he consideration, and shall   be taken up, unless
would modify his proposition so as to allow an consideration, and shall not be taken up  unless
equal number of votes to reconsider.      as   ny members are present in Convention, as
Mr. BIENT proceeded to show that with a less were present when such vote passed, and not
number, the same thing might happen. There more than onemotion for the reconsideration of
being sixty-one members present, for example, any one question shall be sustained.
if to-day thirty-one were in favor of a proposi- e record shows that Mr. Danna moved to
tion and thirty against it; and if to-morrow one strike out a clause requiring the same number
of them should change, there would still be but of members to be present when the motion for
thirty.one In favor of a reconsideration.  He reconsideration vas sustained, as were present
was in favor of the rule recommended by all on passing theoriginal vote. He considered the
parliamentary experience, and had no doubt that rule too'strict, and referred to the Convention
the amendment was carried inconsiderately.  which framed the Constitution of the United
Mr. McLANR, of Cecil, wished to place him- States, in which the right of reconsideration was
self right; not feeling that justice had been done exercised with the greatest freedom. Mr. Sibto his argument by the gentleman from  Kent.) ley thought it wonld be impossible ever to reWhen he had risen this morning to interrupt the consider a motion, if this rule prevailed. It
harmony of the majority, by whom the gentle- would be in the power of persons opposed to reman from Kent seemed to suppose that he was consideration, to keep out of the house, and in
supported, he had not the least conception wheth- that way to gain their object. After a long diser there was a majority for or against the propo- cussion, the restriction was voted down; and
sition. It was not his custom to reflect whether then Mr. Morton made the motion to amend
in any proposition he thought it to be his duty "by striking out the whole rule and inserting
to make, he should be sustained by the majority, one which should allow of reconsideration when
qr should be found in the minority. He arose as many members voted for it as were in favor
for the purpose of expressing his views upon the of the original measure, provided they were a
question before the House; and, having done majority of the members voting on the question
that, he was content to leave the question with of reconsideration-notice to be given, and one
the Convention. The gentleman from Kent had reconsideration of the same question duly to be
greatly the advantage of him, if he deemed it an allowed."
advantage, in starting much earlier in the career  The proposition, as originally introduced, has
of Jeffersonian republican. They had started been more stringent than Mr. Morton's amendvery wide apart, and if he were to judge from  ment, since it had required a majority. It was
what he had seen, they were likely to end just now, however, placed upon the same principle
as far apart as when they started. Either one with that amendment, requiring only an equality
or the other had totally mistaken the Jeffersoni- of votes upon the reconsideration, with the numan policy; and they must remain the antipodes ber originally in favor of the measure.
of each other in respect to that policy. They  Mr. CHAMBERS suggested that there was still
seemed to be upon different radii of a circle, and this difference, that his own amendment allowed
65




514
a reconsideration as often as the Convention ous effects resulting from them being capable of
might choose, whereas the amendment moved by easy correction. He could not give the amendMr. Morton in the Massachusetts Convention, ment his approbation.
authorized a reconsideration once only.      Mr. BoivIE said, that it seemed to him that one
Mr. MCLANE replied that he did not object to of two things ought to be done; either to go back
that, but to the number required for reconsidera- to the original rule which required that a memtion. The two rules were identical in that re- ber voting in the majority should move a re-conspect, and the present amendment was open to all sideration; or to adopt some such provision as
the objections taken to the other. Mr. Webster, that proposed by the gentleman from Kent.\ His
in speaking of the amendment moved by Mr. own opinion was that the better way would be to
Morton, said that he "thought, of all tile various adopt the original rule as reported by the compropositions which the occasion had elicited, mittee on rules. He was not present when the
that now before the Convention was the most ex- motion was made by the gentleman from Fredtraordinary. It appeared to him to be in many erick to amend the rules, by allowing a memrespects objectionable. In the first place, what her who voted in the minority to move a reis meant by requiring as many votes to reconsider consideration  If he had been present, he would
a motion, as were in favor of the original mea- have opposed it; foreseeing that it would lead to
sure? Suppose the question were on the adop- irreparable mischief. The whole evils which
tion of an amendment-a very small number, for had occurred, grew entirely out of that rule.
example, five, might be in favor of it, and all the There was some restraint upon the power of rerest against it. Yet this case, by the proposed consideration as long as it was confined to those
rule, the vote was necessarily to be reconsidered. voting in the majority; but the very moment any
The honorable gentleman had drawn his motion, member was allowed, whether voting in the maas if affirmative votes only could be reconsidered jority or in the minority, to move a rtconsideraand had made no provision at all for the recon- tion, all restriction was abandoned, and all the
sideration of negative votes. Again, according evils resulted, to which allusion had been made.
to this provision, a motion for reconsideration, What on one day was decided by a large majorimight be made and discussed for a week; then ty of the members of the Convention, might be
put to the vote, and alhough carried affirmatively overthrown the next day by a mere minority.
by a majority, have no effect, and be declared a  He professed to be a reformer. He was as
nullity,because the majority was not large enough  anxious as any gentleman in the Convention, to
He begged leave to dissent entirely and most see greatquestions of reform carried in this body.
widely from all such modes of proceeding. A1, He did not wish to see those measures jeoparded
rules respecting reconsideration, were intended by a minority vote of the House. The effect of
and adopted for the purpose of ascertaining un- the rule as it stood was undoubtedly to allow a
der what circumstances, and by whom a motion minority to undo what the majority had done.
for reconsideration might be brought forward. No matter how wholesome and judicious the law
But when once brought forward, it must ofcourse, or regulation of reform might be, which should
like all other motions, be decided by a major- be'adopted by the majority, if the friends of the
ity. Nobody, he believed, ever before heard of reforn  would chance to be absent, on another
a rule by which a motion to reconsider, when day, the anti-reformers could repeal it.  The
once regularly made, was not to be decided like Convention ought to be guarded and to take care
other motions. Ii might well he doubted whether not to allow any rule to place it in that position.
the Convention could prescribe any such rules-  This was the effect of the rule established upon
rules by which any thing, more than a majority the motion of the gentleman from Frederick; as
of members, would be required for the decision it allowed a gentleman voting in the minority to
of any question regularly before it."      move a reconsideration. It was not probable
Such was the language of Mr. Webster in the that a reconsideration could take place without
Massachusetts Convention, upon a question iden- sufficient grounds under the old rule; which was
tical with that now under consideration. By that prevailingin all deliberative bodies in all the
making the charge proposed, infinite confusion States of the Union, everywhere, except in the
would result. It would be impossible'to go back Reform Convention of Maryland. He would
and reconsider, with no matter how strong mo- undertake to say that there was no deliberative
tives, without rescinding the rule. It was tying body upon the face of the globe, where such a
up the hands of the Convention, and placing a rule had been adopted for a moment. Believing
matter once decided upon, beyond their reach. that the true plan was to go back to the original
He did not question the evil effects of the rule as rule, he would propose as a substitute, if the genit now stood; but he disapproved of the remedy tleman from Kent, [Mr. Chambers,] would acproposed. He would adopt Mr. Webster's sug- cept it, the following resolution:
gestion, and re-enact the rule which was orginal-  "Resolved, That so much of the rule as allows
ly adopted by the Convention, rescinding the a member voting in the minority to move a reamendment by which a member voting in the consideration of the question, shall be and the
minority was allowed to move to reconsider. He same is hereby rescinded."
considered this one of the most important rules  Mr. JENIFER considered the question too simple
of the body; and especially important as it was to require a prolonged discussion. It was wheththeir purpose and object to frame a Constitution er a minority should be allowed to adopt or reto endure for many years unchanged; and not ject measures which had previously been decided
merely to legislate-their acts and the mischiev- to the contrary by a larger vote. It had been




515
very clearly pointed out that the rule would al- one to move a reconsideration, who had not voted
low a small proportion of the Convention when in the majority. Much mischief had already
it happened to be thin, to reverse the action of a been done, by allowing the minority to overrule
very large and overwhelming majority, and thus, what the majority had done, and this proposition
that majority might be taken by surprise.  was to go back to the original question.
The gentleman from   Baltimore city, (Mr.  Mr. PHELPS raised the question of order,
Brent,) acknowledged that he had misunderstood whether this amendment could be introduced
the rule, and was corrected. He misunderstood without one day's notice, the amendment proit again, and was again corrected. He had been posing to change another rule from that under
reminded of the familiar saying-          consideration.
Mr. BowIE remarked that the notice having
" A man convinced against his will,  been given to the Convention, that the rules
Is of the same opinion still."       would be considered to-day, the House had jurisdiction over the whole subject.
The gentleman from Baltimore city had said,     CHAER said that to obviate the necesthat there were no precedents for this. There sity of discussing a question of order, he would
was the best of all precedents, in the very act state that he should decline under any circumabout to be adopted in the Constitution, that it stances, to accept the proposition, one continshould require a majority of all the members  y existin as at present. That portion of
gency existing as at present. That portion of
elected to each branch of the legislature, to pass th rule with which gentlemen were dissatisfied,
any law which with a viv voce vote on all ques- had been adopted at the suggestion of a distintions of importance would greatly restrain the guished gentleman from Frederick, not now in
loose and neglected manner in which many laws his seat, (Mr. Thomas.)  He should be very unhad heretofore been passed.               willing to have the rule rescinded in the absence
He hoped no article of' the new Constitution  f that gentleman. There was no such pressing
would be adopted, unless it had a majority of the necessity as to require action upon it, in the abwhole number of the members of the Conven- sence of the gentleman  ho had suggested it.
tion.                                      7To meet the case which had been shown to be
The object of that rule was to prevent a mi- possile, that there would be 52 upon one side
nority from adopting a bill and passing it. That and 1 upon thethe her, and but one member
was not the case with the Convention. A ques. hould change his opinion, he had modified his
tion might be considered and fully discussed, and proposition so that whenever a question should
might be dicided upon in the morning, and later have been decided by yeas and nays, no motion
in the day, when but fifty-two were present, the to reconsider should prevail unless there should
same measures might be over-ruled. He would be cast in favor of the reconsideration, a number
not pretend to say,or to intimate, that there was aof votesatleastequal to the number of votes
single member of the Convention who would inten- gve by the majority on the oriinal question.
tionally take advantage of such circumstances; e would suggest the propriety of allowing
but the Convention should place itself in a posi- the question of a change in the rule, lie until the
tion so as not to be subject to this continual va- arrival of the gentleman from Frederick, when
cillation. In regard to the idea that the Conven-it would be taken up and acted upon.
tion would be tying up their hands, and have no,                   u
opportunity to discuss the measures, the simple  Mr. GWINN moved the previous question.
motion to reconsider would.open the whole ques-  Mr. CH-AMIBERS moved that the whole subject
tion to debate. If the motion to reconsider should lie upon the table for the present.
be grounded upon considerations which ought to  Mr. GWINN thereupon withdrew the' call for
have weight, it would always be in the power of the previous question.
members, to bring those arguments before the  The question being taken upon laying upon
Convention.                               the table, it was agreed to-ayes 38; noes not
Mr. BoWIE would very cheerfully go, for thecounted.
rule proposed by the gentleman from Kent, (Mr.  Mr. DORSEY rose for the purpose of giving
Chambers,) but that it violates.  a fundamental notce of his intention to offer an amendment to
principle which he could not disregard. IHe heldthe 17th rule-i being the rule whichauthoised
that a quorum, being a majority of the body, hadthe call for the previous question. He said that
a right to pass any law they pleased. A majo-he had noticed much inconvenience resulting
rity in any legislative body, ought always to pre- rom the manner in which the rule was nade to
vail. But the rule of the gentleman from Kent operate. Many members after making speeches,
required something besides a majority. Although were in the habit, without allowing an opportuthere might be a decided majority in favor of nity to reply to their arguments, of moving the
reconsideration, yet if that majority was not previous question. His amendment, if adopted,
equal to and did not exceed that which passed would prevent this.
the measure, the motion to reconsider would be  Mr. D. read his amendment as follows:
lost. He was utterly opposed to such an innova-  "But no member who has discussed any subtion upon the Great cardinal principle, that the ject before the Convention, shall be permitted
majority should rule,and he believed the innovation to move the previous question thereon, until at
would be fraughtwith dangers and with infinite least two or more members have had an oppormischief. To get rid of all this, he proposed to tunity of replying t tthe mover of the previous
go back to the original |rules, so as to allow no question."




516
Mr. WRIGHT presented a petition of sundry members of each House concur in such address;:
citizens of the State, praying that provision be and shall each, at stated times, receive for their
made in the new Constitution, that the privilege services a salary of twenty-two hundred dollars,
to sell intoxicatingliquors in small quantities shall per annum, which shall not be diminished during;
not be granted to any person in any part of the the time of their continuance in office.
State or city, except the same shall firstbe sanc-  Sec. 5. There shall be a clerk of the Court of
tioned or approved by a majority of the voters Appeals, and he shall be appointed by the judges.
in the county, election district or ward where of the said court; he shall be a citizen of the
the same is to be sold;                   United States and shall have resided in this State
Which was read, and                     at least five years next before the time of his apReferred to the select committee already ap. pointment; and shall hold his office for the term
pointed on that subject.                   of seven years, and until his successor shall be
Mr. HICKS gave notice that on to-morrow he appointed and qualify, and he shall qualify in the
should move to reconsider the vote of the Con- manner, perform the duties, and be entitled to
vention on the resolution adopted in relation to the fees of the clerks of the said court on the
dispensing with the services of certain commit Eastern and Western Shores, until otherwise pratee cleiks.                                vided by law.
Mr. CRISFIELD, from the minority of the com.  Se" 6. This State shall be divided into eight
mittee on the Judic  submittudicia        judil districts, in manner and form following,,
f wig  to wit: St. Mary's, Charles and Prince George's;
REPORT:                  counties, shall be the first district; Anne ArunSEC. 1. There shall be a Court of Appeals,^ del Howard, Calvert and Montgomery counties,
Sr.c. 1.  There shall e  a  Court of Appealsshall  be the second district; Fredericb and Car-C A
which shall have, use and exercise alland every  olhall be the second district; Frederick and Carthe powers, anthorities and jurisdictions of the  countes shall e the third distt Wash
existing Court of Appeals, and such additional ington and Allegany counties shall be the fourth
wrn authority and juris dition as nay be district; Baltimore city shall be the fifth district;
power, authority   and jurisdiction as may be Baltimore, Harford and Cecil counties, shall be.
conferred by this Constitution, and laws made the sixth district; Kent, Queen Anne's, Talbot
pursuant thereto; and its judgments shall be and Caroline counties, shall be the seventh disfinal and conclusive in all cases whatever.  trit; and Dorchester, Somerset and Worcester
trict; and Dorchester. Somerset and Worcester
Sec. 2. The Court of Appeals shall hold its counties shall be the eighth district; and there
session at the seat of Government, at least twice shall be appointed as hereinafter directed, one
in every year, or oftener, if required by law; no person, having the qualifications hereinafter prejudgment of reversal shall be rendered, except scribed, for each of the said judicial districts,
with the concurrence of at least three of the except the fifth, to be judge thereof- the said
judges thereof; and in every case decided, an judges shall be styled district judges, and shall
opinion in writing shall be filed, and provision respectively hold a term of their courts at least
shall be made by law, for publishing reports of twice in each year or oftener, if required by law,
cases argued and determined in the said court.  in each county, composing their respective disSec. 3. The Judges of the present Court of Ap- tricts; and the said courts shall be called district
peals, shall be Judges of the Court of Appeals courts for county in which it may be held; and
hereby established; and shall hold their offices shall have, hold and exercise, in the several counduring good behaviour, and subject to removal ties of this State, all and every, the powers, auas now provided; and they shall have and be en- thorities and jurisdictions which the county
titled to receive, at stated periods, the salaries courts of this State now have, hold and exercise,
hereinafter provided, which shall not be dimin- or which shall hereafter be prescribed by laws
ished, during their continuance in office; and made pursuant to this constitution; and the said
from and after the period, when the number of judges in their respective districts, shall have,
said Judges shall be reduced to four, by death, use and exercise all the powers, authorities and
resignation or removal, the Court of Appeals jurisdiction which the Chancellor of Maryland,
shall be composed of one chief judge, who shall as a judge in equity now has, uses and exercises,
be styled chief justice of the State of Maryland, and the said Judges shall also be judges of the
and three associate judges.                Orphans' courts of the several counties, composSec. 4. The Judges of the Court of Appeals to ing their respective districts and shall have, hold
be appointed in pursuance hereof, shall be citi- and exercise, all and every, the powers, authdrizens of the United States, and shall have resided ties and jurisdiction which the Orphans' courts
in this State at least five years next before the of this State now have, hold and exercise, or
time of their respective appointments, and shall which hereafter may be conferred by law.
continue to reside herein, while they act as  Sec. 7. There shall be appointed as hereinafter
Judges; they shall be selected from among those provided, four persons having the requisite qualiwho are most distinguished for integrity, wisdom  fications, for the fifth judicial district, to be
and sound legal knowledge, and appointed by the Judges thereof; who may sit jointly or separGovernor, by and with the advice and consent of ately as the exigencies of business may require;
the Senate; and shall hold their offices during and the said judges shall be styled district judges,
good behavior, removable for misbehavior, on and shall hold a term of their court at least twice
conviction in a court of law, or shall be removed in each year, and of tener if required by law; and
by the Governor, upon the address of the Gen- the said court shall be called the district court
eral Assembly; provided, that two-thirds of the for the city of Baltniore, and shall have, hold




517
and exercise in the said district, all and every, House shall concur in such address; and the said
the powers, authorities and jurisdictions, which judges shall each receive a salary of twenty-five
Baltimore county court, sitting for said city, Bal- hundred dollars per annum, and the same shall
timore city court, and the Chancellor of Mary- not be diminished during the time of their conland, as a judge in equity, now have, hold and tinuance in office; and no judge of any court in
exercise therein; and the said judges shall also this State who has a salary fixed by law shall rebe judges of the Orphans' court for Baltimore ceive any perquisite, fee or reward in addition
city, and have, hold and exercise, all and every, thereto, forthe performance of any judicial duty.
the powers, authorities and jurisdictions apper-  Sec. 11. If from sickness or any other unavoidtaining and belonging to the said Orphans' court able cause, any of the district judges shall be unwithin said city; and the number of judges autho- able to hold the regular term of his court, his
rized by this section may be increased by law, place may be supplied by a judge from another
when such increase shall be required for the dis- district to be selected by the Governor, or by a
patch of business in the said district, and such person of integrity and sound legal knowledge,
additional judges shall have the same poAvers, to be appointed by the Governor as may be
authorities and jurisdictions in all respects as are provided by law; and such judge, or the person so
conferred by this section on the judges directed appointed, shall have and exercise for the time
to be appointed; and the Legislature may estab- being. the same power, authority and jurisdiction,
lish within the city of Baltimore, a court of lim- as the judge whose place is thus supplied, and
ited criminal jurisdiction for the trial of offences shall receive such compensation as may be pronot punished capitally, which may be committed vided by law; and if any; district judge shall he
in the said city; define its powers and prescribe interested in any cause pending in any court of
the number, tenure, mode of appointment, and which he is judge, he shall not sit in the same,
compensation of the judges thereof, which shall but upon a suggestion in writing of the interest
be paid by the city of Baltimore.           of the- judge, verified by affidavit, the said cause
Sec. 8. The Judges of the District Court shall shall be transferred to some county of an adjoinrespectively hold at least two terms in the city ing judicial district, to be heard and determined,
of Baltimore, and in each county comprising the or the same proceedings may be had as are projudicial district as courts of law, at least two vided for in the case of the sickness of a judge;
terms, for the transaction of Equity business and the Legislature shall provide rules to carry
within an intermediate day for the return of pro- this section into effect.
cess: and at least four sessions of the Orphans'  Sec. 12. No suit shall be commenced in, or recourt in each county; or oftener, if required by moved from any court to the court of chancery
law.                                        in this State, after official notice shall have been
Sec. 9. The General Assembly may, by law, given of the adoption of this Constitution by the
not inconsistent with this Constitution, establish people of this State; but all causes which may be
and define the jurisdiction of the courts of this pending in the said court at the time of the said
State, prescribe rules of practice, and the course notice shall be proceeded with in the said court,
of business therein; and determine the number and determined according to the usual course of
of terms of said courts, and the time and place of business therein; provided the same can be done
holding the same; butno law shall be passed to in five years from the time aforesaid; and at the
confer original jurisdiction in any case what expiration of five years from the time of the givever, on the court of Appeals, or to require said ing of the said notice, the said court and the ofcourt to sit elsewhere than at the seat of govern- fice of Chancellor, shall be, and hereby are abolment; or to give Justices of the Peace jurisdic- ished. If a vacancy shall occur within the petion in any case, when the matter or thing in riod aforesaid, in office of Chancellor, or of Recontroversyexceeds one hundred dollars in value; gister in Chancery, successors to'them respecand all laws regulating and determining the juris- tively shall be appointed as now provided for, to
diction of the Courts or Justices of the Peace; serve for the unexpired portion of said term, who
and for the administration of justice, shall, as far shall have, and exercise the powers, authorities
as practicable, be uniform throughout this State. and jurisdiction, and perform the duties, and reSec. 10. The judges of the several Judicial ceive the salary, fees and emoluments respectiveDistricts shall be citizens of the United States, ly appertaining to said offices. If at the end of
and shall have resided five years in this State, the said term of five years, any cause or business
arid two years in the Judicial District for which shall remain in said court unfinished, the Generthey may be respectively appointed, next before al Assembly shall provide a method for the final
the time of appointment, and shall reside therein determination thereof; and also for the disposiwhile they continue to act as judges; they shall tion and safe keeping of the records of the said
be selected from among those who having the court.
other qualifications herein prescribed, are most  Sec. 13. There shall be one register of wills,
distinguished for integrity, wisdom and sound le- and one clerk of the district court, in each coungal knowledge, and appointed by the Governor, ty of this State and the city of Baltimore, who
by and with the advice and consent of the Senate, shall be citizens of the United States, and shall
and shall hold their offices during good behavior, have resided in the State five years, and in the
removeable for misbehavior on conviction in a county in which he may be voted for two
court of law, or shall be removed by the Gover- years, before the election, and shall be electnor, upon the address of the General Assembly, ed by a plurality of the qualified voters of the
provided that two-thirds of the members of each county or city, and shall perform the duties and




518
be entitled to receive the emoluments and fees, county before the expiration of the four years;
appertaining to the said offices respectively, the oher person chosen as aforesaid shall be
They shall be commissioned by the Governor, commissioned by the Governor to execute the
and shall hold their offices for the term of six said office for the residue of the said four years,
years; and until their successors shall have been the said person giving bond with security as
elected and qualified; the time, place and man- aforesaid. No person shall be eligible to the ofner of holding said election, and making returns fice of sheriff but a resident of such county or
thereof, and the mode of determining contested city' respectively, and who shall have been a citelections for said officers shall be prescribed by izen, of this State at' least five years preceding
law, and in case of the death, resignation or dis- his election, and above the age of twenty-one
qualification of any Clerk or "Register, a new  years. The two candidates, properly qualified,
election shall be held as aforesaid, at the next having the highest number of legal ballots, shall
general election for delegates to the General As- be declared duly elected for the office of sheriff
sembly; and in the mean time the judge or judges for such county or city, and return to the Goof the district in which said vacancy may occur, vernor with a certificate of the number of ballots
shall immediately appoint a person having the for each of them.'
qualifications aforesaid to fill said vacancy; and  Sec. 17. The General Assembly shall have
the person so appointed shall be Register of power to tax clerks of the District Courts, ReWills, or Clerk as the case may be, for the coun- gisters of Wills and the clerk of the court of Apty or city for which he may be appointed; and peals; but all such taxes shall be in equal proshall hold said office, discharge the duties, and portion, as far as praticable, according to the ache entitled to the fees and emoluments thereof, tual value of said office respectively.
according to law, until the election and qualifica-  Sec. 18. The Judges of the several county
tion of his successor; and the Clerk for the dis- courts, Baltimore city court and the Orphan's
trict court for Baltimore city shall in addition to Court of the several counties, Justices of the
his other duties in like manner perform the duties Peace, Registers of Wills and clerks of county
and be entitled to the fees of the clerk of Balti- courts of the several counties and Baltimore city
more city court; and the General Assembly shall court who may he in office at the time of the
have full power to enlarge, alter or change the adoption of this Constitution, shall remain in ofpowers and duties of the said Clerks and Regis- fice, and continue to discharge the duties of their
ters, prescribe the mode of qualifying, and fix, respective offices, until the appointment or elecdetermine or alter their fees or compensation.  tion and qualification of the Judges, Justices of
Sec. 14. Justices of the Peace of this State for the Peace, Registers of Wills and Clerks, prothe several counties and the city of Baltimore, vided for by this Constitution and no longer; and
shall be elected by the qualified voters of the the first election of Clerks, Registers, Justices of
county or city for which the election may be the Peace and Sheriffs, and all other officers,
held, and shall hold their offices for the term of whose election by the people is provided for in
two years, and until their successors shall have this article of the Constitution, shall take place
been elected, and shall have qualified; and the throughout this State on  of
General Assembly shall, by law, prescribe the in the year eighteen hundred and fifty-two.
number of Justices of the Peace for each county  Sec. 19. To facilitate the dispatch of business
and city; their duties and emoluments; the time, in the Orphans' courts of this State, the General
place, and manner of holding elections, the mode Assembly shall by law prescribe rules of practice in
of making returns thereof, rules for determining the said courts; enlarge and define the powers and
contested elections; for certifying the, election duties of registers of wills, and authorise them to
and qualifications of the persons elected; and for pass such orders as may be necessary and profilling vacancies which may occur; but no person per, to bring any cause, suit or business depend-,shall be a Justice of the Peace for any county or ing in the said courts to a final hearing, and decity, who shall not be entitled to vote therein at termination; but no orden, act or proceeding of
the time of his election                    the registers of wills of a judicial nature, shall
Sec. 15. Constables, Coroners and Elizors shall be final and conclusive until ratified, and conbe appointed as now prescribed by law, or in such firmed by the court.
manner as the General Assembly may direct.                  ESTIMARE
Sec. 16. Sherifls shall be elected in each coun-ES
ty, and in the city of Baltimore every fourth  Ist. Of the costof the Judiciary system, here
year, that is to say, two persons for the office of by proposed:
Sheriff for each county, and two for the said city, Four Judges of the Court of Appeals
the one of whom having the highest number of  at $2,200 each,      -    -    $8,800 00
votes of the qualified voters of said county or Eleven District Judges at  2,500
city, or if both have an equal number, either of  each, -                    27,50000
them, at the discretion of the Governor, to be                              -
commissioned by the Governor for the said office,  Whole cost per annum, when in
and having served for four years, such person full operation,               $35,300 00
shall be ineligible for the five years next sue- 2nd. Of the cost of the present Judiceeding; bond with security, to be taken every  ciary of this State, including the
year as usual, and no sheriff shall be qualified to  supposed cost of two hundred and
act before the same be given. In case of death,  sixty-nine Justices of Magistrates'
refusal, disqualification or removal out of the  courts,which are reported to be now




519
in commission, as estimated by the          The question then recurred on the motion of
committee on Judiciary,  -    $98,1,00 00 Mr. SCHLEY, that the Convention proceed to the
-----      consideration of the report of the committee on
3rd. Of the cost of the system repor-      the Attorney General and his deputies,
ted by the said committee, as esti-         And being put, it was decided in the affirmamated by themselves,   -   -   61,000 00 tive.
Add for one Judge for Howard county, now established,  -   -     2,00 00     THE ATTORNEY GENERAL AND HIS DEPUTIES., —---    The Convention accordingly proceeded to the
$63,000 00 consideration of said report,
The system now submitted proposes to do the  Which was read.
same work for a sum, scarcely more than half  The bill was then considered by sections;
the cost of the system reported by the committee,  When the first section was read, as follbws:
and a fraction only above one-third of what the  Sec. 1. The Governor shall have power to emcommittee estimate to be the cost of the present ploy counsel for the State, when, in his judgsystem; and it is submitted with a far greater ment, the public interest require it, and make
probability of having it well and promptly done. suitable compensation from the contingent fund
But this illusion to the estimated cost of the placed at his dispol.
present system, must not be understood as an ad-  Mr. DoasEY remarked that he had had no opmission of the correctness of the committee's portunity, before this morning, of reading the
mission of the correctness of the eommittee's bill under consideration.  He objected to - this
estimate; on the contrary, that estimate, is be- under considertion. He objecte  to th
lieved to be extravagant and fa abovethe actual section, as placing in the power of the Governor
lieved to be committee bt und far abo   the cost the authority to make suitable compensation, out
cost. The committee best understand the cost of the contingent fund, to such persons as might
of their own scheme, and therefore their estimate of te o e        suc  er      a  ght
of its cost $61, 00, is assumed to be correct.  be employed in legal causes concerning the State,
Which was read, and                      and thought that such compensation should be
Which was read, and                   allowed by the Legislature for such services
On motion of Mr. CRISFIELD,               rendered the State. He would reduce to wriOrdered to be printed.                   ting an amendment of this nature.
Mr. BOWIE gave notice that on to-morrow he  Mr. SCHEIVER said, that if he had been corshould move to take up the amendment moved rectly informed, claims for legal services had
by Mr. CHAMBERS, of Kent; to the rules, and the never been paid out of the contingent fund, but
substitute moved by him for said amendment.  direct from the treasury.  Under resolutions
Mr. SCHLEYinquired if there was any business emntig from the Legislature, the Governor,
before the Cohvention?                     from time to time, had been directed to make such
Te P, po, rlied tt te compensation as he might think proper, to perThe PRESIDENeT, pro te., replied that thereC sons employed in legal causes by the State, and
was no business before thle Convention.    to draw upon the treasury for the amount of
Mr. GWINN moved that the Convention pro- such compensation.
ceed to the consideration of the report of the  Mr. DORSEY stated that he was very unwilling
committee on the elective franchise.        to consume the time of the Convention, by quesMr. SCHLEY moved to take up, for considera- tions of this character, and he would therefore,
tion, the report of the committee on the Attorney refrain from submitting his amendment.
General and his deputies.                    Mr. CRISFIELD enquired if the question was on
The PRESIDENT, pro tern., stated that the Chair, the adoption of the first section?
in reply to an inquiry from the -gentleman from  The PRESIIENT, pro. ten., replied in the aflirWashington county, had said that there was no matlve.
subject before the Convention. The report of the  Mr. CRISFiELD aid:
executive committee had not yet been disposed  That he thought there should be an Attorney
of, and was therefore the first business in order, General, but he would not have him appointed
unless postponed to some future day.  as he now is; but would have him appointed for
unless postponed to some future day.     a term to continue as long as as the Governor's
Mr. McLANE said, that as the chairman ofthat term. If a Governor should be elected for four
committee was absent, he would move that the years, he would allow the Attorney General's
further consideration of this subject be postponed term, to continue for the same length of time.
until his return.           s    lHe would have the Attorney General to be an.S. ScuLEY said that his only object for sub- officer of the State Government, whose duty it
mitting his motion was, that the Convention should be to advise every part of the governmight have something to do. If the report of ment and the State's Attorneys in the different
the executive committee was the order of the counties, and should receive a salary. He
day, he did not wish to interfere,          would not let him hold office during good behaThe question was then taken on the motion of vior, and would only allow him to appoint prose —
Mr. McLANE that the further consideration of cuting attorney's in the different counties. He
the report of the committee on the executive be would make him an officer whose duty it should
postponed,                                  be to give legal advice to the Qovernor-per.
And it was agreed to.                     haps to act for the Government in the higher
So the further consideration of the report was courts, and would strip him of the patronage now
postponed.                                  exercised under law.




520
With the view of giving him time to prepare Attorney as an office, but looked upon the peran amendment to meet the views he had present- son holding it, as a professional gentleman, praced, he would move that the first section be infor- ticing his profession for the State, and would
mally passed over. The other sections were dis- give him no more fees than now allowed by
connected from it, and could be perfected, with- law. As to electing these officers by the people,
out reference to this first section,        he saw no necessity for so doing; though he had
Mr. SHRIvER was desirous of having the sense no insuperable objection to such a course, as he
of the Convention on this subject, as it would went very generally for electing all officers by
decide whether a majority were in favor of the the people.
creation of the office of Attorney General, or  If he thought, however, that these were really
whether they were opposed to it. To his mind, offices which the people desired to fill, he would
it was very clear that the office was entirely use- be in favor of electing by the people.
less and unnecessary.                         He was of the opinion that the Governor had
Mr. CRISFIELD said that he desired that the better appoint the Attorney General, and that
Attorney General should be an officer who should it would be proper for each county to take care
receive a salary. If the Legislature should think, of its own officers, by appointing competent perupon the performance of any unusual service, sons who could attend to the interests of the
that he should receive additional compensation, State.
they could give it to him.                    Mr. DIRICKSON said that he was willing to
He would not allow the Governor to employ vote for the motion to pass this section over inas many counsel as he might think fit, nor would formally as a matter of courtesy to the gentlehe allow him to give them such compensation as man who made the motion; but if it was meant
he might deem proper.                       as a test question as to whether there should be
With a view to move such an amendment, and an Attorney General or not, he would vote
to allow him time to prepare it, he had submit- against it.
ted his motion to pass over this section informal-  Mr. CRISFIELD said that he would not consider
ly. If the Convention was opposed to having it unkind if the gentleman should vote against
such an officer, and opposed to the views he had his motion. He certainly desired that an amendexpressed, it could signify its opinion by refusing ment such as he had indicated, should be brought
to agree to his motion.                     before the Convention, but he had not the time
Mr. McLANE suggested to Mr. CRISFIELD that to prepare it now. He preferred it to the one
he could move his amendment when the second indicated in the bill. He could see no evil in
section should come up for consideration,'and passing over the section informally, unless
stated that he should vote against continuing the the majority had determined to adopt the particoffice of Attorney General.                 ular scheme contained in it, in which event they
Mr. SHRIVER thought that the office, if created, could just as well vote upon it now as at any
should be provided for in the first section, and other time.
its duties defined and salary fixed. The ques-  The question was then taken on the motion of
tion of the creation of the office would arise, and  Mr. CRISFIELD, to pass over the first section inhe wished to have it disposed of, as a test ques- formally, when on a division of theConvention no
tion, on the first section.                 quorum voted.
Mr. BOWIE concurred with the gentleman     Mr. GWINN asked the yeas and nays,
fromn Somerset that there should be such an of-  Which were ordered,
ficer as Attorney General, and thought that the  And beng taken were as follows
Convention ought to provide for the appointment  ffi iazDveMessrs. ltorgan, Lee, Chambers
of such an officer. The idea of giving to the of Kent, Donaldson, Wells, Weems, Brent of
Governor the right to employ as many counsel Charles, Jenifer, Crisfield, Dashiell, Hicks, Hodas he pleased, to prosecute in the courts in and son, Eccleston, Phelps,Bowie, McMaster, Fooks,
out of the State, in any cause in which the State Sherwod of altimore cit, Presstman, Weber,
was concerned, was conferring on him too much Hollyday, Sicer and $Bnith-24.
~~~powepr.~ F                       Jeg.ative-  Me'srs. BEuchanan, President, pro
pow'er,                               tern., Dorsey, Welch, Dickinson, Sherwood of
There should be but one officer, and although Talbot, Miller, McLane, GeorgeW, Wgh Dihe was opposed to having an officer for life rickso, Shrier, Mcenry,   Magraw, Nelson
rickson, Shriver, MetHenry, Magraw, Nelson,
or during good behaviour, he did not see the Carter, Hardcastle, Gwinn, Brent of Baltimore
least inconvenience or impropriety in allowing city, Ware, Schley, Fiery, Neill JohnNewevery Governor to appoint his own Attorey           arbine, Brewer, Fitzpatrick, Parke
General. This would create rotation in office, Shower and Cockey-29.
which seemed to suit the people and the republi-  o the motion was not agreed to.
can notions of the present age.               The question now beingon agreeing to the first
He was opposed to permitting the Attorney section,
General to appoint deputies in the different coun-  Mr. McHENRy moved to amend said section,
ties, which he thought might be done by the tax by inserting after the word "State," the words
and levy courts. He thought this would produce "at such rates of compensation as the General
a wholesome result, although he had no objec- Assembly may prescribe," and by striking out the
tion to electing the deputies by the people.  words'and make suitable compensation from the
He did not regard the situation of Prosecuting contingent fund placed at his disposal."




521
Mr. McH. remarked that he was unwilling to ment there would necessarily be some delay in
give the Governor any sich discretionary power the payments, seemed of slight importance. All
as was proposed in the bill. It seemed to him  knew that the profession every where were comthai the past practice of the General Assembly, pelled to wait with patience the reward of their
in entrusting to the Governor a contingent fund studious labors and toilings, and a delay so inof considerable amount and applicable at his considerable as that which might occur during
pleasure, was at variance with the principles the interval between the legislative sessions,
which h;d been cherished as fundamental in re- could not be urged successfully for an instant
presentative governments. Now, it was pro- against th'e general propriety of the proposition.
posed to go further. It was proposed to autho- By the adoption of this s!lbstitute in addition to
rise the Governor to make use of this fund, in a the considerations already advanced-the whole
manner such as would avoid all responsibility  responsibility would be entirely removed from
for he might employ as many counsel as he the hands of the Executive, and he would thus
pleased, and give them such compensation as he be relieved from a position frequently of the utpleased, without answering to any one, and with- most delicacy. Necessarily a lull statement of
out being limited to the amount of the contingent I all the services rendered would be regu'arly
fund in his hands any deficiency in which, under forwarded to the legislature, and they, after a
the provision of the bill as reported; the Legisla- calm and deliberate inspection would, hedoutted
ture would be bound to make good. Such a power not, render the most equitable and liberal pay-so unrestricted and vague, violated that essen- ment.
tial characteristic of all limited constitutional  Any one who would give himself the trouble
government, the absence of all control by the exe- to examine the statement of the various sums
cutive over the purses and property of the which had been paid for the services of counsel
people.                                    during the past years, would feel with him, the
He was opposed to giving the Governor the necessity of some such provision as that which
entire control of a contingent fund of any consid- he had submitted, and with the most serious earerable amount, and much more averse to entrus- nestness, he commended it to the favorable conting to any one individual, irresponsible power sideration of every member of the Convention.
over the entire funds of the State. He desired  Mr. PRESSTMAN made some remarks, which
that these should be most carefully guarded by will appear hereafter.
the Constitution they were now framing.      Mr. McHENrY said that his only reason for
Mr. DIRICxISON could not perceive how rates not accepting the modification of the gentleman
of compensation, as proposed by the gentleman's from Worcester, (Mr. Dirickson) was. the lawamendment, could'be established.          yer, like any other workman, should know beMr. McHENRY said, that he would modify his forehand what amount he was going to receive
amendment so as to meet the acceptance of the for his services. By allowing the Legislature
gentleman.                                 to prescribe rates, that object would be accomHe altered his amendment so as to strike out plished.
the words, "and make suitable compensation   Mr. DIRICKSON desired to know if the gentlefrom the contingent fund placed at his disposal," man could give to the Convention some idea as
and to insert in lieu thereof, the words:  to how the rates could be prescribed for services
"For whose services such compensation shall he'rafter to be rendered?
be made as the legislature may allow."       Mr. MHENRY replied that the Legislature
Mr. DIRICKSON said:                      could prescribe rates for certain kinds of services.
Fees were fixed for other kinds of services; and
He had offered the substitute now under con- he could not see why the fees of attorneys should
sideration, because he regarded the legislature as not be fixed. Not being conversant with legal
the appropriate and regularly constituted guar- phrases, he was willing to substitute any other
dian of the public treasury, and he wished so farword for rate. e was open to suggestion
as possible to confide the payment of all money and conviction.
to their keeping exclusively.                                    o s  t    
They came at all times fresh from the bosomn  M  SHRVER desired to say that the comrmitof the people, and must necessarily feel in an tee  ho preparedthis report wee unanimousin
eminent degree, their direct and immediate resopinion. They desired  that any wholesome
ponsibility. Whilst then by such an arrangement, amendment should be made. He would say that
the common fund would be safely preserved the principle of the abolition of the office of Atfrom unwise and improvident squandering-no torney General, and the election by the people
one could doubt but that a body of Maryland of Prosecuting Attorneys should notbe lost sight
gentlemen, of which the legislature would be of. The gentleman from Hartford had said that
composed, would always compensate those who his objection grew out of his opposition to an
had rendered the State a service with a generous unlimited contingent fund. There was no unand liberal hand. There was not within the limited contingent fund, nor ever had been; for
limits of the Commonwealth, a jurist, however it had always been limited and fixed by the Legeminent, who would not willingly risk het jus- islature. For the last two years it had been
tice-not a counsellor who would not trust her twelve thousand dollars.
long established and well known character with  He objected to the amendment because it was
entire and unlimited confidence,            impossible for the Legislature to fix any rate of
The objection urged that by such an arrange- I compensation. No one could anticipate the
66




522
amount of labor to be performed by counsel.-  Mr. MAGRAW again raised the point of order.
Such a course would be unjust, both to the State  Mr. DORSEY resumed. The Legislature would
and the individual who rendered the service. He have been recreant to their duty, If they had aldesired the responsibility to rest upon the head lowed one dollar of this claim which amounted to
of one individual; he did not wish it to rest upon about forty-eight thousand dollars. At their last
the entire body composing the Legislature of session the Legislature voted down the claim by a
Maryland. Look at the past history of the leg- vote of almost tA o to one. The Convention ought
islation of the State, and it would be found that to suffer this matter to rest with the Legislature.
it never had fixed the compensation of attorneys. He should think the Governor would be well
That responsibility had always been thrown satisfied that the control of this subject should be
upon the Governor. The Legislature when re- out of his hands.'I he Legislature is the approcognising the existence of something being due, priate tribunal to fix the amount of conmpensaleft it to the judgment of the Governor to make tion to be paid to the legal officers. There was
such compensation as he thought proper. The no ground for the apprehension expressed that
treasury was safer in the hands of the Governor under such circumstances, no distinguished lawthan in the hands of the Legislature. If there yer would consent to be employed in the service
was a necessity for the Legislature to reduce the of the State. It was an unmerited reproach to
contingent fund, let them do it, and then the the profession to say so. He believed no lawyer
Governor would be compelled to pay less com- would refuse to act in any case for the State, bepensation for the services of competent persons. cause he might not be paid until his services were
By the vote just taken, refusing informally to rendered and could thus be estimated.
pass over the first section, the Convention had  He would be willing to trust to the liberality of
determined that they would not have an Attor- his clent, as i ordinarly done, unless their peney General.                              nuriousness be such that a previous contract as
neyMr-.~~~~ ~  M               to compensation be deemed a necessary precauMr. JENIFER, Mr. M/cMASTiR and Mr. DON- tion. Such conduct in the State is not to be prediALDSON, severally disclaimed that in voting cated. He was very sure no lawyer would have
against the motion to pass over informally the any hesitation in trusting such a client as the
first section, they voted against the creation of State of Maryland. If the power be left in the
the office of Attorney General. They did not hands of the Governor it may be abused; extravconsider it a test question.               agant fees may be given to incompetent favorMr. DORSEY said, he was in favor of the pro- ites. Charges of such partiality the Governor
position of the gentleman from Worcester, (Mr. should seek to avoid.
Dirickson.) He could not suppose that there  The appointiig power as to counsel should genwould be any difficulty in getting counsel. erally rest, with the Governor when the necessiAs to the objection that some time would elapse ty for its exeicise arises, the Legislature being
before they could get paid, he did not suppose rarely in session. But as a general rule; as the
that would make much difference. There would payment of counsel must come from the pockets
be no kind of difficulty in getting the best coun- of the people, it is but reasonable that they should,
sel in the State. He disagreed, with the gentle- through the Legislature, fix the amount of comman from Frederick, (Mr. Shriver.) The Le. pensation, and if they deem it expedient, select the
gislature had heretofore fixed the value for pro- persons to be retain d as counsel.
fessional services of their counsel, and they are  Mr. CHAMBERS did not mean to discuss the
perfectly competent to do so again. It is pecu- subject properly before the House, nor did he
liarly proper that they should perform this duty. mean to say one word in defence of, or in oppoThey hold the purse strings of the State; and sition to, the claim of Mr. MCCULLOUGH. He
avoiding extravagance, they will appropriate for did not perceive how the justice or injustice of
this purpose what liberality and justice demand. that claim could influence the proposition for the
Mr. I). in reply to the gentleman from Baltimore, action of the Convention. He rose to say a word
(Mr. Gwinn,) then stated some facts in relation in vindication of those gentlemen who acted as
to the contract for the construction of the An- arbitrators by the authority of the State. They
napolis and Elkrige railroad, and the difficulties were all his friends, and with one of them, parto which it gave rise, which resulted in a refer- ticularly, he claimed relations of kind, social inence of the case to Judge Legrand, by whose tercourse, which, in the absence of the two genaward it was decided. It being stated that the tlemen from Queen Anne's, who were more intipower of compensating for legal services ought mately connected with him, made it proper to
not to be confided to the Legislature in conse- ay a word in reply to what had fallen from his
quence of its conduct in that case.        friend from Anne Arundel.
Mr. MAGRAW rose to a question of order, on  He was utterly at a loss to conceive, on what
the ground that this matterof Mr. McCullough was just grounds the claim of those arbitraors to renot relevant, and that as Mr. McCullough has a muneration could be resisted. The Legislature,
brother in the Convention, it was not proper to be by a deliberate resolution, witholit a word of
commenting on the case here.               previous consultation or arrangement with them,
il.  TN sd, tt he hd ft r d to had appointed those gentlemen to act as referees
this ca. G    said,  that i had first referred to upon a claim then pending before that body. In
this ase. He regretted that it had been brought pursuance to this appointment, amour ting to a
here again.                               request, these gentlemen had been occupied for
Mir. DoasEY was proceeding to reply, when  many weeks in taking testimony and hearing ar



523
guments for and against the claim. The Attor-  Mr. SHRI VEt. The gentleman from Charles
ney General had been directed to superintend the voted with the minority.
interests of the Stale, and amongst the items re-  Mr. CRISFIELD resumed. However any parported in a document on our files, was one of ticular gentleman may have understood the vote,
fifteen hundred dollars paid to that officer by the the general understanding was, that there should
State, in part for his services in resisting that be no Attorney General hereafter. He had so
claim before the arbitrators. Eminent counsel understood it, and he was at a loss to conceive
were engaged before them in sustaining the the reason which induced the Convention to come
claim, and their laborious service is not denied. to this conclusion. He wished it were otherThat they gave an award, in exact/conformity to wise. He thought the office of Attorney Gentheir honest judgment upon the proofs before eral one of great importance.; indeed, his duties
them, has never been doubted, and he ventured were indispensible. He was an officer of the
to assert, never would be doubted, by any man law; his duties were defined by law; he was apacquainted with the deservedly high standing of pointed by the Governwr, by and with the adthose gentlemen. They were second to none in vice of the Senate; and he was responsible to the
all the feelings of honor and integrity that could laws and to the public for the faithful discharge
exempt men from the remotest suspicion of fa- of his duties. Vast and important interests were
voritism. Having then faithfully labored at the committed to his care; he represents the State in
request of the State, and having concluded their the courts of law, and prosecutes or defends all
labor, by an honest decision upon the matter sub- her interests, depending in the Courts. He is a
mitted to them, it appeared to him as a necessa- conservator of the peace, and it is his business to
ry consequence, they were justly entitled to a se that the peace, government, and dignity of
fair compensation for their services. It was no the State are not violated, and crimes do not go
answer to this claim to say that other proofs unpunished. He is the adviser of the Governor,
ought to have been laid before them, or other ar- of the Legislature, and of every executive offiguments, or other matter which might have alter- cer; his opinion in the first instance, fixes the
ed the character of their award. This is no af construction of all laws; ascertains- the powers
fair of the arbitrators —it was no part of their and duties of the different departments of the
duty to hunt up proofs-their duty was to decide government; directs the proper mode of execuon such as were presented. Even if their opin- ting the laws, and what are the rights of the
ion differed from those who were asked to make State. He is in fact, in some sort, a general dithem just compensation, it would still not lessen rector of the internal affairs of the State, and
the force of their claim to be remunerated for exercises a large influence over every department.
the money, time and labor expended for, and at He has also important and delicate duties to perthe instance of the Legisla!ure. These gentle- form, growing out of the intercourse of this
men were the last to make claim which was not Siate with the other States of the Union; and in
sanctioned by every principle of law and equity. reference to rights conferred, and duties imIf. in a transaction like this, individuals haa been posed on this State by the Constitution of the
su~ktituted for the State, there could be no doubt United States. He has also other duties deeply
of a right to recover upon a quantum mernit in a effecting the public interest. An officer who is
court of law.                              thus appointed, and whose responsibility is thus
Mr. CRISFIELD stated it to be his intention fixed and determined by law, whose duties are
to sustain the amendment of the gentleman so varied and so important, is to be dispensed
from Worcester, (Mr. Dirickson.) The power with, and the office abolished And what is proin the hands of the Legislature would be a check posed to be substituted in his place? Why it is
on the Governor. But he had not risen to speak proposed to authorise the Governor to employ
on that point. What he desired to say, was in such counsel. as in his judgment the public interreference to the section itself, and the state of' est requires,and pay them according to his discreopinion in the Convention. The House had, by lion, out of the contingent'fund of the executive
its vote which had been just taken, solemnly de- department. The number of counsel, who may
termined that there shall hereafter be no Attor- be selected, is without limit. The Governor
ney General.                               may employ one,or one hundred counsel. His disMr. PRESSTMAN asked on what ground the cretion is the only limit. And the powers of the
gentleman from Somerset made such statement. counsel is equally without limit. Their duties
Mr CISFL replied that the gentlemanI fromn are wholly undefined  They are under no public
Frederick, Mr Shriver,) as well as hiself, had responsibility. They are to be simply counselproposederick to the Conriventionr,) as well as himself, has- not even required to be lawyers-and it is not
sing over the son shou d be considered as a expressed on what subjects they are to give
estnog e noverd the sectoun Shoad be tco ned as l  counsel, whether of a legal or political character.
thad stateand the House hadI determined as  I, the next section, Prosecuting. Attorneys are
had stated..                        provided for; and there is nothing in the section
Mir. l  RESSAN insisted that the chairman of or the article under consideration, to prevent the
the Committee, (Mr. Shlriver,) had no right to Goveror fom assigning to the counsel to be
St L  t.o   Governor from assigning to the counsel to be
make such a proposition to the Convention.  selected by him, all the duties which the FroseMr. SRiVER said he took this question to be cuting Attorneys are expected to perform.
settled by the decision of the House.        Again, the compensation these counsel are to
Mr. JENIFER said he had not voted from such receive. is limited only by the extent of the cona consideration.                           tingent fund. The scheme would be greatly




524
more expensive than the present system.. In dress themselves to the person acting for the
addition to the fees provided by law for the At- State within their county, who is bound to render
tori ey General, there have been paid large sums this service.
to that officer, and others, for services which are  If any question arise, affecting the State at
not embraced within the range of his regular large, whether it be a construction of a tax law,
duties. Mr. C. read a report from the treasurer, or of an act of assembly, involving any of the
from which it appeared there had been paid for duties of the Executive, or in any question of a
legal services in the last thirteen years, in addi- similar nature on which the General Assembly
tion to the fees provided by law, the sum of desire information, it is certainly proper that the
$22,948. If the measure now in consideration State should have a conscientious adviser, upon
should be adopted, who doubts that the expense whose judgment the Governor or the legislature
would be greatly increased,                can rely.
Mr. C. said he would continue the office, but  Where is the responsibility for the determinanot on the present footing. He would appoint tion they may adopt? On the Executive, or on
the Attorney General as he is now appointed, but the legislature only. When they ask advice,they
his term should be limited to four years, which is are bound in their own justification, to obtain the
the duration of the Governor's term. He should best counsel the learning ot the State can afford.
be appointed by the Governor, because intimate If they act upon improper. or insufficient advice,
official relations which must exist between the they will not be sheltered from censure, because
Governor aid his legal adviser, requires that they it was advice, and this necessity of choosing will
should be personally agreeable to each other, and impose a wholesome restraint.
that entire confidence should prevail between  The rule will work another advantage. It will
them. The public service require this. He also place responsibility where it properly belongsdesired to see the Attorney General deprived of upon the Executivd, and upon the Legislatureall patronage. He should not have, as he now  and not upon the Attorney General As to the
has, the power of appointing deputies in every compensation, it might be observed, that the Gocounty of the State. lHe should also receive a vernor seemed to he the fittest person to make
compensation from the Treasury fixed by law. the compensation which any one acting for the
Thus restricted, he desired the office of Attorney State should receive. There were difficulties in
General to be continued, for the reasons alread  the way of leaving the subject to the Legislaintimated.                                 ture. It is never in a situation to estimate, with
While he was up, he would add that the en- the same certainty, as the Executive, the value
tire article under consideration, was vague and of the labor which has been performed.
uncertain, in all its pr,visions. There were no  Mr. MCLANE submitted some remarks, which
duties assigned to the Prosecuting Attorneys-no will be published hereafter.
restrictions-no  responsibilities imposed upon  Mr. PRESSrMAN also made a few remarks,
them. What were they to do? What were which will be published hereafter.
they not to do? There was nothing definite-   Mr. JENIFElR gave notice that at the proper
nothing certain-there were no duties-no re- time he should offer the following, as a substitute
straints prescribed. The article as reported, was for the first section of said report:
unmeaning, and ought not to pass. Mr. C. said  "There shall be an Attorney General appointhe could not vote tbr it.                   ed by the Governor, by and with the advice and
Mr. Gw1NN said that the main question now  consent of the Senate, whose term of office shall
presented by the report of the committee, on the expire with that of the Governor, arid whose duty
office of the Attorney General and his deputies, and compensation shall be regulated by law."
and by the amendments offered thereto, was, as  And then, pending the question on the amendto the necessity for an Attorney General. By ment offered by Mr. DIRICKSON,
one clause of the system proposed (and in this,  The Convention adjourned until to-morrow
at least, all appear to agree,) the deputies are to morning at tern o'clock.
be elected by the voters of tneir respective counties, and of the city of Baltimore. These officers  ERRATUM -In the inaugural address of Mr.
are entrusted with the duty of prosecuting in all Buchanan. Tuesday, March 15th, the words"uncriminal cases, arising in the State of Maryland,expected byme " should read "anticipated by
and, if they are competent, the interests of the me."
commonwealth, within their districts, can be at- 
tended to without the assistance of any general    D    E           DE     TE
officer.  Theirincompetenscy cannot be presumed, 
b cause they will be elected by the people, who
are most- deeply interested in preserving the        rPOWER O' APPROPRIATION.
peace and good order of the State.
Much has been said concerning the necessity  R  s o CONSTABLE.
of having some adviser to the State, to overlook  to CONSTABLE
its interests. But it is well to consider what  Mr. GRASoEN wished, he said, to make a brief
these interests are, in order to a better under- reply to the gentleman from Cecil. The first
standing of this alleged necessity. There cer- objection of the gentleman was as to the original
tainly are many occasions in which Executive proposition of his friend and colleague, (Mr.
officers require advice. But where they have a George.)  He, (Mr. G.,) thought, that in conlocal character only, they ought properly to ad- neatin' with the provisopon of a two-thirds ma



525
jority, and the levying of a tax when the debt foundation, and would not be touched by the
was contracted, would be a sufficient security. amendment. And as to the various hospitals
The gentleman from Cecil objected to the restric- which have sprung up in the city of Baltimore,
tion of the power of appropriating public money he would like to be informed how they became
for private and local purposes, because it was in State institutions. He did not know the amendeffect an admission that the power now existed ment of his colleague would prevent any further
in the Legislature to make such appropriations. appropriations for them. But if it would, he had
After this power had been exercised for so many no objection. The amendment suggested by the
years by the Legislature, and acquiesced in by gentleman from Prince George's would let in a
the people, it was too late to say that a clause to number of claimants on the Treasury. Internal
regulate and restrict its application conferred the improvement companies might bring in a numpower. To illustrate this point, Mr. G. made ber of claims. The proposition of his colleague
references to various appropriations which had would not prevent the Legislature from redeembeen made, at different periods, for private and ing the pledged faith of the State; and he would
local purposes. He, (Mr. G.,) had objected to go against the adoption of any amendment of
the provision in the amendment of the gentleman doubtful construction. The people had decided
from Cecil, authorizing appropriations for the against any more internal improvements by the
necessary expenditures of the Government. He State. Wherever lateral roads are necessary
had made that objection because these expendi- they can be constructed by capitalists and others
tures were not sufficiently defined by the word who have an interest in making them.
"necessary."  The courts had decided that the
word admitted of a larger latitude of construction than he was willing to permit, embracing Remarks of Mr. GRASON, larch 6, 1851, on the
such expenditures as were for convenient pur-  amendment of Mr. DAVIS, in relation to appropriposes. Under such an interpretation as this, the  ationsfor purposes of Education.
Legislature might consider themselves empower-  Mr. GRASON had only a few words to say in
ed to appropriate money to any amount they reply to the gentleman from Montgomery, [Mr.
m!ght think fit, for such expenses of State as they' Davis ] He did not desire to be understood as
might determine to be necessary. He had no occupying a position opposed to some plan of
great objection to granting this power, provided education; but he was opposed to taxing the peothe objects for which the appropriations were to pie for the purpose of creating an expensive sysbe made should be cleat ly specified so as to guard tem, or for establishing or extending corporations
against any abuse. The gentle man from Cecil for the purpose. But the gentleman from Montobjected further to the proposition of his friend gomery was mistaken as to the meaning of the
and colleague, [Mr. George,] that there was no proposition of his friend and colleague. What
safety in voting for the last branch of it, although are the words of the amendment?
he indicated a willingness to do so, because the  Here  r. Gron read the amendment.
first part of the proposition might not afterwards 
be adopted; and he desired that the two branches  It was not intended to prohibit the Legislature
should be taken together. And in consequence from establishing a plan of education. He knew
of these objections, the gentleman from Cecil had that the subject would come up in a report from
thrown all his great powers into the scale against the committee on Education. His colleague had
the proposition.                            no more idea of preventing an appropriation for
education, than for training the militia, or any
CREDIT OF THE STATE.            other indispensable object. It was intended to
restrict the Legislature, so as to prevent the apRemarks of Mr. GRASON, JIarch 5, 1851, on the proprtation of money for the use of corporations,
amendment of Mr. GEORGE.                  associations or individuals, but not to prevent the
Mr. GRASON said:                          education of the children in the State. But how
That if the propositon of his colleague could did the amendment of his colleague read, after
be fairly interpreted as it had been by the the amendment of the gentleman from Montgentleman from Prince George's, [Mr. Bowie,] it gomery was attached to it? It then not only emwould present a serious objection to its adoption, powers, but actually invites the Legislature to
because its effect would be to prevent the pay- create corporations for the establishment of a
ment of any just and proper claim against the great system of education. Although he entireState. But he did not think it could be properly ly agreed in the great principle laid down by the
susceptible of such interpretation. The inten- gentleman from Montgomery, he was directly
tion of the amendment of his colleague was to opposed to, and indeed he did not know that the
prevent the Legislature from loaning the public gentleman intended his proposition to have that
money or the public credit for the use of individ- effect, the creation of these corporations. We
uals or associations, but not that the Legislature have now two colleges in thei State; and with
should not have the power to pay any just debts these he would not interfere; but he would neither
due to individuals. He was neither a lawyer nor vote for establishing nor extending corporations
a judge, but to him it appeared quite clear that for the purpose of building up an extravagant
thy amendment could have no such effect. The system, and he would vote against it now. Not,
gentleman from Prince George's said it would he repeated, that he was opposed to the principrevent any appropriations for hospitals and uni- pie, and he would go with the gentleman from
versities. The universities stood on a different Montgomery in the adoption of any general mea



526
sure. But he was opposed to the creation of any offer, at a proper time, an amendment requiring
more corporations,                         that public notice should be given of the application, in order that the Governor might be better
GOVERNOR'S TERM OF OFFICE.        informed of the facts of the case than he could
Rem~arks of JMir. Grasoen, Marcih' 7, 1851.  be by an ex parte application. To prevent injustice to the public, he thought the power could
Mr. GRASON said the report of the committee not be too carefully guarded against abuse.
was framed under the impression that the Convention would provide for annual sessions. But       SALARY OF THE GOVERNOR.
as biennial sessions had been determined, it was R s o  r D            rs     Mr   1
now necessary to make an alternation in the bill. Remarks of JMr. Dirictson, Thursday, JMarch 13.
It was of the utmost importance that the Go-  Mr. DIKCKSON moved the following as a subvernor should come into office, while the Legisla- stitute:
ture was in session; and, therefore, it was neces-  Sec. 21. The Governor shall be in attendance
sary to reduce his term to two years, or extend at the seat of government during the sessions of
it to four. It was doubtful which term ought to the 1 gislature of the State, and shall receive for
be preferred  In two years, he would acquire his services an annual salary of two thousand
the experience which would make his services dollars.
more valuable, just at the time he was going out  Mr. DIRICIKSON said that the substitute which
of office. On the other hand, by doubling the he had just had the honor to submit, was in his
term, he might continue in power after he had humblejudgment both eminently proper in itself
lost the public confidence. He would move to and in entire harmonywith that spirit of retrenchstrike out three, and insert the longest term, and ment and reform, which had breathed this very
if the blank were not filled with four, he should Convention into existence. He had hoped, nay
then move to fill it with two.              believed, that it would have been received by all......~    ~      with a warm and cordial welcome, and at
NOLLE PROSEQUIS.              once promptly sanctioned by a most decided and
Remarks of Mr. Tuci, Mlarch 12, 1851.   unequivocal vote. Sir, all, or well nigh all,
around me are professed reformers, and we
Mr. TUCK. The power of granting nolle pro- here not only to shaddow forth the embodied
sequis is an executive prerogative, and always ex- sentiment of Maryland, upon the great elemenercised unless restrained by the Constitution. He tary principles of government, but to apply ourwas in favor of expressly recognising the power selves earnestly, industriously, sternly if need be,
in Maryland. It had always been possessed by to the abolition of old abuses, and to the entire obour Governors. That it had been abused, he literation of every custom and provision, organic
did not deny. But all powers may be denied or or otherwise, which has been without benefit and
restricted for this reason. The question is, on without essential good-feeding with an insatiawhich side lies the greater chance of evil. Cases ble appetite upon the common treasure gathered
of hardship must occur. That of Bromwell had from the whole body politic. The time had arbeen referred to. Mr. T. was in the Legislature rived when we should lay aside the useless, worn
at that time, and being well acquainted with the out and cumberous machinery of the past, and
facts, could speak with certainty. Very strong looking around upon this great confederacy,
recommendations were presented to the Govern- learn such lessons of political wisdom as will enor, predicated upon his age, his long confinement, able us to keep pace with the very foremost.
which was impairing his health, and perhaps Surely-surely whilst others are moving onward
hastening his death, the condition and wants of in every social improvement, we shall not be
his family,,c. The character of the offence found wedded to our idols, standing still midway
was such, that the Governor thought he ought the glorious destiny that awaits us.
not to interfere.  He had been in jail some   Tell me not then that the substitute now under
eighteen months or two years awaiting his trial, consideration is a bold and reckless innovation,
His case had been removed to Harford county-  because forsooth it seeks to remove a restriction
many of the witnesses resided on the eastern from the Constitution, which can no longer be
shore. He had been carried to Bel-Air two or sustained either by argument or the examples of
three times and demanded his trial. The State other States. What was there so peculiar in the
was never ready on account of the absence of condition or extent of Maryland, to require that
witnesses. His health was failing and a physi- her chief executive officer should reside permancian had certified that his continued confinement ently and constantly at the seat of government,
might end in incurable disease, if not in death. when so many of her sisters, with territory imHis case was brought before the Legislature, and mensely larger, and with revenues scarcely snialby an almost unanimous vote in both branches, a ler, had no such constitutional requirements, and
resolution was passed autlhorising the city court yet were advancing in prosperity with a rapidity
of Baltimore to discharge him on his own recog- which we could scarcely realize. The general
nisance. The object was to let him go away. duties and obligations attached to the official
He did so, and 1 believe has never been here position, were, if not precisely the same, with
since. lle thought this was a case for the exer- slight exceptions, very similar in every section
cise of such a power. He would, therefore, vote of the Union, and if all could be discharged with
forits retention by the Governor. But he thought propriety and alacity elsewhere, why not with
that it should be guarded, and would prepare and equal promptness and fidelity here? It was not




527
rational for an instant to suppose, that any gen- Look to Connecticut giving to her chief magistieman could be selected for so exalted a position trate the annual sum of eleven hundred dollars,
without some permanent residence, and wherever and then for a moment glance your eye over the
that abiding spot might be, within the limits of long line of distinguished names thathave graced
our commonwealth, there might he, under all that position and guided her destiny with such
emergencies, be sought and found with as much unexampled success.
certainty as though his home, as now directed,  Turn to the Constitution of Massachusetts. and
was at the very capitol itself. It was true, as to those of the thriving communities around her
had been said, that we had just imposed addi- -or if unwilling to learn lessons of wisdom from
tional duties upon the office, by requiring that its the North, open the volume that contains the orfuture occupant should make certain periodical ganic code of our own Southern sisters, and even
examinations of the accounts of the treasurer; there, with but few  exceptions, our liberality
but so long was the interval between these pre- seems, indeed, the grossest extravagance.
scribed examinations, and so small would be the  If we invoke the wisdom of the West, the same
portion of time consumed in the investigations, result becomes still more manifest. The great
that the objection to the proposition now under and growing State of Illinois with an area of
piscussion, based upon that fact, seemed really of square miles more than five times our own; and
the slighiest possible importance, and he was sure with a rapidly increasing population, amounting
could not beara feathers weight against the many already to well nigh a million-rewards her Exbenefits that would necessarily flow fromits adop- ecutive with the sum of fifteen hundred doltion.                                      lars.
Should the Convention concur in these views  Why, then, in view of all these examples, this
and desire to assimilate in this respect the in- enormous and most unwise extravagance upon
strument we are framing, to those that are our part? Other communities are as well govworking so happily around us, the treasury would erned-as prosperous and as happy! Why not
not only be relieved from the large expenditure like them let our liberality be ever tempered
now essential to the preservation of the govern- with a proper and wholesome economy-aye,
merit house, and adjacent property, but, that very sir, with an economy in character with our conproperty itself from being a burthen would doubt- dition.
less be disposed of, and the proceeds added to  -ut we have been told by those who wage unthe profitable capital of the State.       compromising warfare against this substitute,
Trifling and insignificant as this economy might that its adoption as part of the organic law has
seem, it was due to a patient and patriotic peo- the direct and unavoidable tendency of placing
pie, that the spirit of retrenchment should be this high position entirely in the hands of the
every where felt, consistent with the proper and wealthy and the opulent. Was such indeed the
faithful discharge of all the public interests, and case, he should have been the last to have desired
he should gladly co-operate with reformers at to foster such a provision upon the Constitution.
all times in applying it to every department of Respect for himself —respect for his own posithe government.                            tion, and for all simularly situated, would alike
have forbidden it. Happily such an argument,
Some there were who might regard the con- or rather mere assrtion, was sustained neither
tinuance of this gubernatorial residence and es- by reason, nor by past experience or present
tablishment as in some sort essential alike, to the observation. All around us, in every section of
dignity and to that character of hospitality which the country, there had been, and were now
our noble old State had ever borne. He did not bright ard shining examples, utterly refuting,and
so regard it.                              with a power which language cannot express,
He believed the exalted reputation of Mary- such an objection. However successlul we had
land could not be so easily marred. It was above been in linking the names of the pure and the
and beyond any influence which could spring by intellectual with our own executive chair, juspossibility from such a source And thus believ- tice requires us to say that other communities
ing no feeling of false pride could turn him aside have not perhaps been less fortunate,even where
from that clear and unswerving line of duty owed the salaries were much inferior to 1he sum speto that constituency, who had so generously con- cified in the substitute. It was a fact well known
fided their interests in part to his keeping.  to every member of the Convention, and to welBut the substitute under consideration proposes nigh every individual in the State, that it was
not only the abolition of the restriction as to res- this very provision requiring a permanent resiidence, but the reduction of the salary of our Ex- dence at the capital, which had attached to the
ecutive from the present extravagant compensl.- Gubernatorial station such enormous expen4ition, to the more moderate and yet liberal sum  ture, by surrounding it with extravagant cusof two thousand dollars annually. Srange as toms, scarcely consistent with the simplicity of
it may seem, a careful examination tests the fact our republican institutions. Arid when he sought
that Maryland with a limited territory, with a its abolition, he was influenced not only by a desparse and small population-with a debt of mil- sire to effect a wholesome retrenchment, but to
lions-with enormous taxation clinging to every bring that exalted position within the reach of
species of property-still continues recklessly to merit and intellect, however humble their pecupay herGovernor a salary equalled by but few  niary condition. If as seemed to be abundantly
of her sister States, however superior they may shown by the practical workings of other States
be in all the elements and resources of wealth. every official act could be discharged without




528
the abandonment of home and pursuits, not in- given in the beginning of the session to effect the
consistent with the duties and the dignity of the complete organizationl of the Convention; howpost, why should the useless and unnecessary ever foreign such an allusion might be to the
sacrifice be required? However gentlemen might present subject of debate, he desired briefly to
characterize such a policy as penny-wise, he be- reply, that he had given that vote believing that
lieved it to be sound in all its features, and such the officers then selected were essential to the
as would meet with the approbation of the leo- despatch of the business we are here to perform,
pie. Whilst he desired at all times to exhibit a and it was proper to add, that the belief was
spiritof proper liberality, he nevertheless regard- sanctioned by the judgments and the votes of
ed extravagance as the worst of follies, and he many of the most eminent and experienced of
invoked this body of reformers, to begin at once, the body. It was also true, as had been said,
and at the very fountain-head, this great work of that he had been excused from serving upon "the
retrenchment for which we are assembled.    committee to enquire into the expediency of dispensing with certain officers," but he little thought
he should ever have been called upon, here or
OFFCE OF SECRETAY OF TATE   elsewhere, to defend himself from such a charge.
Remarks of Mr. DIRICKSON, Thursday March 13. Prompted by the highest sense of propriety, he. D N tn m  d to s   e   t te had asked to be relieved from the committee,
Mr. DIatKsoN then moved to strike out the o  and, at the time, avowed his views to be purely
twenty-second section, [abolishing the office of and solely upon the ground of the delicacy of his
Secretary of State.]                        position. One of those officers was from his own
Mr. DIRICKSON said,                       county-his personal friend-he had stated it
That he had made the motion to strike out the frankly, and the Convention had readily and
section of the report just read; because, after cheerfully excused him from a situation the delithe gravest reflection, he believed that no such cacy of which, all at once saw and appreciated.
officer was essential to the faithful and full ad- He did not desire to say more-nay, should not
ministration of the government.  With great have said thus much, but that the charge of inpleasure and with entire attention, he had litten- consistency having gone forth,'twas proper the
ed to'the distinguished gentleman from the coun- reply should bear it company. He was entirely
ty cf Queen Anne's whilst speaking of the duties willing that an impartial community, in view of
and importai ce of this officer, and yet, frankness all the facts, should decide the issue.
compelled him to say, that he had heard no ar-  In conclusion, he again urged the importance
gument which had removed the settled convic- of the motion to strike out, now before them.
tion that this official position was utterly and en- He begged reformers to aid him with their votes
tirely useless. Maryland was in no condition and to stand by him in the great work of relonger to cherish and sustain more sine cures. trenchment.
The time had arrived when gentlemen should
cease to cling to old establishments simply be-       APPOINTMENTS TO OFFICE.
cause they were old, unless it could, at the same Remarks of!Mr. Crisfield in reply to Mr. Brent, of
time, be clearly shown that they were wise and        Bltime i 
useful. It had been said, that this officer, with     Baltmoe city, March 13
all his high sounding title, was often but little  Mr. CRISFIELD stated in reply, that his object
else than a mere clerk to the Executive, and was in amending the section was to prevent the Senconstantly and busily employed in the issuing of ate from being deprived of their share in making
military commissions and in the preparation of the appointments. As the section stood previous
such other documents as his Excellency might to that amendment, he thought it capable of a
direct. Sir, but yesterday this Convention fixed construction which would have diminished the
the salary of the Governor upon the most liberal power of the Senate in relation to appointments;
if not exorbitant scale, and surely, with such a and he desired that the Senate should have their
compensation, it was not requisite to employ full share in all appointments. He wasnot aware
others to do the labors that seemed properly to of the difficulty which the gentleman from Baltibeloiig to the executive chamber. Let our chief more had pointed out. But if it really existed to
executive officer, as in other States, become a such an extent, as to place the Executive in difworking Governor. Let every department be ficulty and embarrass the public convenience it
pruned of the sine cures that have so long been ought to be remedied, and he should interpose
fastened to them, and then will the calls of the no objection.
tax-gatherer become lighter and lighter, and  The CHAIR, (Mr. Tuck,) said the notice should
then will all begin to feel and realise the bene- be entered on the journal, and the motion could
ficial effects of this Convention.          then stand over until to-morrw. The substitute
He had no desire, at any time, " to read a lee- would also be printed on the journal.
ture " to the body of which he was a member,  Mr. CRISFIELD, in reply to the gentleman from
but no remarks could deter him from urging up- Queen Anne's, (Mr. Spencer,) explained the obon their consideration the necessity of wielding ject of the amendment, and added that if the
the blade of retrenchment, wherever consistent Senate failed to perform its duty, it was responwith the public interests it might, with propriety, sible to the people of the State. There was no
be applied. The honorable gentleman from the danger, in his opinion, of such failure; but if it
county of Frederick, had been pleased, in the should fail, the force of public opinion was a sufdiscussion, to allude to the vote which he had ficient corrective. As to the failure of the Legis



529
lature to elect a United States Senator, in 1842,  The PRESIDENT, (pr' tern.,) stated the quesMr. C. did not know that the gentleman of Queen tion, and the negative vote apparently prevailArnne's, (Mr. S.,) ever condemned that failure. ing;
Indeed, he supposed-and he thought he had    Mr. HICKS desired to say one additional word.
some reason for the suppostion-that the gentle- He earnestly requested gentlemen to reflect upon
man from Queen Anne's did not condemn that what they had done. The Convention, from the
failure. The House of Delegates had a majority earliest period of its session, had been constantly
who were of the political faith of the gentle- in the habit of reconsidering votes upon subjectman, but that majority did not prefer that gen- matters which had been passed upon. Surely
tieman for that high station; and Mr. C. had nev- no question could be more deserving of the calm
er heard, that the gentleman was dissatisfied at judgment and considerate action of the Conthe refusal of the Senate to go into the election. vention than this.  It concerned individualsBut whether that gentleman condemned or not, highly respectable gentlemen, for such he knew
it was very certain the Senate was sustained by them to be-whose characters had been implicapublic sentiment, and at the next election, the ted by the action of this body-not designedly,
majority of the House was of the same party but not the less certainly. And he was sure that
with the Senate, and has been ever since.  there was sufficient good feeling here to prevent
Mr. SPENCER said the gentleman from Somer- injury being done to any individual in the State
set, in his reference to the session of 1842, had of Maryland, however humble his position might
mistaken the facts. There was no gentleman on be. It was with this view that he had moved
his, (Mr. Spencer's,) side, who did not regret thereconsideration. Hewasnomoreinterestedin
the failure to elect a United States Senator at the matter than any other member of the Conthat time. The lower house was democratic, vention. The only interest that he had was to
and voted to go into the election, but the Senate see justice done all. It was not a mere matter
refused. He had always, privately and before of dollars and cents to these individuals. It was
the people, denounced the course of the Senate a matter of character and feeling; and he was
on that occasion.                          sure that every gentleman who regarded the subMr CRISFIELD said his memory was not re- ject in this light would cheerfully vote to reconmarkable for accuracy; but he had supposed the sider-to re-instate these gentlemen-to put them
facts to be as he had stated them.         upon an equal footing with their fellows in this
Mr. SPENCER. The gentlemanis entirely mis- body-and then to take such further action as
taken.                                     might seem right and proper.
Mr. GwINN said, he thought that the Convention ought to retrace the steps it had taken with
reference to the committee clerks. He was
aware that the change had been made upon
grounds of economy-but it had been construed
WEDNESDAY, March 19th, 1851.       as a public censure-and in justice to them such
an imputation ought to be refuted by the action
The Conventionmet at ten o'clock.         of the Convention itself.
Prayer was madeby the Rev. Mr. GRIFFITH.    Mr. JENIFER said that he had voted against
The roll was called, and a quorum being pre- discharging the clerks; but as the committee had
sent, the journal of yesterday was read and ap- reported that there was no business sufficient for
proved.                                     their occupation, and as the act had been done,
he could not see that any wrong had been comTHE COMMITTEE CLERmitted whatever. No imputation was intended
Mr. HICKS, in pursuance of the notice he had by the Convention, and it had so declared. Alyesterday given, moved a reconsideration of the though he voted against discharging these clerks,
vote of the Convention on the resolution hereto- inasmuch as the Convention had thought proper
fore adopted, dispensing with the services of cer- to do so, and as he believed there was not suffitain committee clerks.                      cient business to occupy them, he should vote
The question was stated to be on the motion to against the motion to reconsider.
reconsider.                                  Mr. HicKS said:
Mr. HIcKs said he presumed it would be a use-  That his friend from  Charles, (Mr. Jenifer,)
less consumption of time to say anythirg in sup- was correct in saying that no reflection was deport of this motion. The members of the Con- signed to be cast on the clerks who had been
vention had had the subject in their minds, and discharged. He hoped he was not understood as
were no doubt prepared to do justice towards a imputing to the Convention any such motive.
number of individuals here, who could not make On the contrary, he had said, that he believed
their own defence. He was sure that it was un- the Convention had no such design. But he
necessary for him to urge the propriety of the re- would inquire whether it did not in fact reflect
consideration, for he believed it was conceded on upon these individuals?
all hands, that the vote should be reconsidered,  Now, it was least in his thoughts, to charge
in order to do justice towards individuals to this honorable body with a design to reflect, as
whom injustice would otherwise be inevitably he hail before remaked, upon the humblest indidone. He hoped that the motion would prevail. vidual in the State of Maryland; but did not this
The Convention could then take such action as seem to be a reflnction upon the clerks who were
it might think proper.                      discharged? Was it not an invidious distinction
67




530
between those who were discharged and those of this counsel when employed by the Governor?
acting in the same capacity who were retained? The report was entirely silent upon that subject.
He hoped they would reinstate the clerks, and if It delegated no powers-defined no duties. He
it should be ascertained that there was no neces- looked upon the powers and duties of the office
sity for their services, let them resign.  of Attorney General just as well settled, as those
Mr. HICKS asked the yeas and nays on the mo- pertaining to the office of Judge, or to any other
tion to reconsider;                        office known to the Constitution and the laws.
Which were ordered, and                 When the office of Attorney General was creaBeing taken, resulted as follows:      ted in 1776, by the Constitution, it was the office
Being taken, resulted as follows:  Dkknown to the common law, with all the powers,Affirmative- Messrs. Morgan, Weems, Dick- and duties attaching and belonging to that office
inson, Crisfield, Williams,' Hicks, Hodson, Ec. according to the principles and rules of common
cleston, Phelps, Bowie, Spencer, Dirickson, Me- law. That Constitution did not undertake to
Master, Magraw, Carter, Hardcastle, Gwinn, define the duties or the powers, but simply said
Stewart, of Baltimore city, Brent of Baltimore that there should be an Attorney General apcity, Sherwood of Baltimore city, Ware, Kil- pointed by the Governor, whose office should be
gour and Waters-23.                        during good behaviour. It was therefore the
Negative-Messrs. Buchanan, President, pro. office known to the common law, and as such,
ter., Lee, Dorsey, Brent of Charles, Jenifer, just as well known and defined-just as thoHoward, Welch, Chandler, Sherwood of Talbot, roughly settled as the powers and jurisdiction of
Chambers of Cecil, Miller, McLane, Wright, a judge under the common law.
Fooks, Shriver, Sappington, Nelson, Schley,  It was very important to have an Attorney
Fiery, Neill, John Newcoiner,Flarbine, Brewer, General. No State could well dispense with
Weber, Hollyday, Slicer, Fitzpatrick, Smith, suchan officer. All business in which the State
Parke and Cockey-30.                       was concerned, whether of a civil or of a crimSo the Convention refused to reconsider their inal character, belonged exofficio by the princivote on the said resolution.               ples of common law to that office. It was his
Mr. BowIE, (in accordance with the notice duty to superintend all public business; to try all
given by him on yesterday,) moved that the Con- causes of the King of England in the Courts of
vention take up for consideration the amendment that realm; to superintend the administration of
offered by Mr. CHAMBERS, of Kent, to the twen  criminal jurisprudence; and to attend to the extv-second rule, and the substitute offered by him  ecution and issuing of all State process. All
therefjr.                                  opinions and all indictments were submitted to
Determined in the affirmative.           his inspection, for his approval or condemnation.
Mr. BoWIE then moved to lay said amendment Witnesses were admitted to, or excluded from
and substiiute on the table.              the grand jury; bail and recognizances in
Determined in the affirmative.           criminal cases, were to be taken, and their vaMr. DORSEY, (in accordance with the notice lidity and regularity to be examined into by that
given by him on yesterday,) moved that the Con- officer. Was it possible that the Convention
vention take up for consideration the amendment should yield to the principle that such an office
offered by him to the seventeenth rule,    would be abolished in Maryland? Whose duty
Determined in the affirmative.           would it be to attend to the prosecution and inOn motion of Mr. DORSEY,               vestigation of subjects connected with criminal
The amendment was laid on the table.    jurisprudence?  Whose business would it be to
attend to the preservation of the rights of the
REPORT ON THE ATTORNEY GENERAL.       people, or the process of the State, if this office
should be abolished? Nobody's! Would it be
On motion of Mr. BOWIE,                  said that a Constitutional provision simply giving
The Convention then resumed the considera- the Governor the right to employ counsel, would
tion of the unfinished business of yesterday, be- vest in the counsel those high powers and duties?
ing the report submitted by Mr. SHRIVER, as He would have no more authority exffocio, than
Chairman of the committee on theAttorney Gen- the counsel employed in any other manner, or by
eral and his Deputies.                     a private individual. The relation of attorney
The question pending before the Convention and client would exist, and nothing more; and
on yesterday,being on the motion of Mr. DIRICK- that even would be confined to the particular
SON. to amend the first section of said report, case, and there would be no further power inhestriking out all after the word "it" in the second rent in him by virtue of his office. It would
line of said section, and substituting in lieu there- only extend to the particular contract made by
of the following:                         the Governor, to be superseded by that Govern"For whose services such compensation shall or whenever he might choose to retain or embe made as the legislature may allow."     ploy any other counsel. Inherently, the office
Mr. BowIE said he would not detain the Con- of counsel for the State, would have attached to
vention long. As he understood the report of it no powers and no duties whatever.
the committee, it abolished altogether the office  Such was not the case with the office of Attorof Attorney General. The first section author- ney General. That office was as old as the comized the Governor to employ counsel for the mon law itself, though not known perhaps by
State whenever the public interests may require. that name. The king's sergeant, the king's counWhat were to be the powers, and what the duties sel, and the king'a solicitor, were the titles by




531
which the chief law officer of the crown was which he should be employed. He would subknown in England, and constituted the founda- mit it to the Convention, whether they were wiltion of the office, as now held by the Attorney  ling to abolish so important an office, without
General. By names the office was not known making some provision for these cases. If genprior to the reign of Charles the second; but the tleman did not choose to call the officer Attorney
king's counsel was known to have had all the General, they might call him what they pleased,
functions, and all the duties afterwards given to provided the necessary powers were given to
the Attorney General, in the reign of Charles the him.
second. As was known to every lawyer in the  The gentleman from Cecil, [Mr. McLane,]
Convention, the powers and duties of the Attor- seemed to have taken up the idea that the office
ney General, were just as clearly settled by the was unnecessary, and had drawn a parallel becommon law, and by English statute law, as the tween the office of Attorney General of the
powers and duties of the judge himself.' Why United States and that of Maryland. Onereceivthen, he repeated, should that office be abolish- ed only $4,500 and was required to perform all
ed? He objected to the report upon the ground, the duties performed by the other, at a salary of
that while it abolished the office of Attorney  $8 or $10,000. What had all this, he asked, to
General, the want was not supplied by adequate  do with the office of Attorney General? If the
provisions for any other officer, with the like ex fees were too large, they should be diminished.
officio powers. He regarded these powers as es- If the salary was too large it could be reduced to
sentially necessary to the preservation of the sov- a proper and reasonable amount. But he could
ereignty of the State; intimately identified and see no reason why the office itself should be
inseparably connected with the very idea of sov- abolished, or that it was unnecessary, because
ereignty itself.                           these enormous fees had been paid to that officer.
Besides the powers given to this officer by the The gentleman from Cecil had gone on to show
common law, there were several statutes in Ma- that various sum~ of money had been appropriaryland, which had superadded other duties and ted as extra compensation to the Attorney Genobligations. From the year 1776, to the year eral and his deputies. What had this to do with
1816, the powers and duties of this officer, re- abolishing the office altogether? He would not
mained precisely as at common law. The At- say that the Governor had lavishly squandered
torney General in Maryland, had all the prero- away the public money by giving too large fees
gatives, rights, duties, and powers, which the At- to counsel. He would neither affirm nor deny it.
torney General in England ever had. In 3816, He knew nothing about the facts in relation to.it,
however, the Legislature had thought proper to and the circumstances under which these fees
abolish altogether the office of Attorney General. were paid. He would state, however, that in
The act of 1816, chapter 247, confirmed by the all these cases there had been special acts of the
act of 1817. chapter269, was simply a sweeping  Legislature to warrant the acts. During the
clause abolishing altogether that part of the few years that he had had the honor of a seat in
Constitution, which created the office of Attor- the Legislature, he had a distinct recollection of
ney General. But at the very same session in being called upon repeatedly to vote upon resowhich this latter act was passed, another law had lutions authorising the Governor to employ adpassed, re-establishing the office, superadding ditional counsel for particular cases. The very
particular duties, and defining its powers. But case in which the Attorney General was sent to
this law was simply declaratory, adding nothing  New York, was authorised by a special act of
that did not exist before, and requiring duties the Legislature; and he would undertake to say
which grew out of the nature of his office, and that in no instance had these extra appropriations
the relation he held to the sovereign power of been made, except in pursuance of resolutions
the State. The duties, however, were imposed passed by the General Assembly authorising the
in the form of an act of Assembly. By various Governor to make this expenditure of the public
succeeding acts of Assembly, the Attorney Gen- money. He had never done it of his own aceral was required to superintend the execution of cord. But all this had nothing to do with the
all the revenue laws of the State; to approve the question under consideration. It was not now
bonds given by public officers of the State, and for the Convention to sit in judgment upon
by collectors of the direct tax; to approve cor- the proceedings of the Executive. He supposed
poration bonds, bonds of insurance companies, there was not an honorable lawyer in the State,
and bonds of railroad companies, involving mil- who would not claim the right at least to measure
lions upon millions. He was to examine them, the value of his own services; and there would
and to give his opinion upon them, to the Go- not be a Governor who would pay more than he
vernor and the Treasurer, whenever required. thought the services to be worth.
All these powers are given to him, besides those  His objection to the first article, which was
common law powers, by act of Assembly. What now under consideration, was, that it abolished
was now to become of this large class of useful the office of Attorney General, an office which
and necessary plwers, if the office itself should he thought was essentially necessary. No state
be abolished? Where were they to be lodged? in the Union was without such an officer, whose
Did the report lodge them in the counsel to be duties were to prosecute in the name of the State,
employed by the State? Far fro  it. It simply not only in all criminal cases but in all civil suits.
said that the Governor might employ counsell In hundreds of cases, the execution of criminal
without defining any duty or power whatever, laws would be frustrated, if there was no such
leaving them limited to the particular case in officer as an Attorney General, or some one




clothed with that power in the different counties  By the advice of judicious friends, I was
of the State. There was no stage from the very averse to troubling my constituents with a specommencement of the issuing ef the writ, to the cial election to fill my place if it could be
close, that it was not the duty of the Attorney avoided consistently with the public interests and
General to supervise the administration of justice my duty. Finding that my office could be conin behalf of the State. Unless such an office ductedby deputy, according to law, I felt that the
should be continued, the administration of the public interests would be perfectly safe when conlaw would inevitably suffer. The mere appoint- fided to the integrity and ability of the friend
ment of counsel by the Governor would not re- whom I have selected. So much for the charges
medy the evil, because that counsel would not be against my inconsistency.
clothed with these powers and duties.        In voting upon the office which I now hold, I
As to the mode of appointment, he was indif- shall vote for three objects arid for any measures
ferent about it. His own impression was that which will effect those objects, viz:
the Attorney General ought to be appointed by  First, I shall vote to supersede the present Atthe Governor; that every Governor, at the corn- torney Generalship.
mencement of his te'rm of service, ought to have  Secondly, To elect, by popular vote, the Prosethe right to select his Attorney General for the cuting Attorneys for each county and the city of
term of four years. He saw no necessity for Baltimore.
throwing that officer before the people, although  Thirdly, To elect, by popular vote, throughhe had no great objection to it, and if it could out the State, an Attorney General, with a fixed
be the will of the majority of the Convention that salary, in order that while the local attorneys suthe Attorney General should be elected by the  perintend the local business of the State, the
people, he would throw no impediment in tle Attorney General may superintend all matters of
way of it. He should be in favor also of taking general interests, such as advising the Governor,
away from the Attorney General the power.,of arguing causes in the courts of appeals, &c.
selecting his deputies which seems so much to be  These are the views which I have formed conobjected to. But while he might consent to the scientiously, and I shall conscientiously endeavor
election by the people, he believed it pioper to to carry the mout by my votes.
have an eye to the interests of the various portions  Mr. SPENCER regretted that he could not supof the State. Hle was opposed to the election by port the amendment offered by the gentleman
the people by general ticket, because he be- from Cecil. He was apprehensive it would
lieved that if appointed by general ticket, the bring upon the State innumerable evils.
city of Baltimore would elect the Attorney Gen-  That gentleman had looked back to the very
eral to the end of time. He would prefer to alarming expenditures in extra compensation
have the State divided into districts, giving each  paid to Attorney General and special counsels,
district one term. Regarding the Attorney Gen- employed in a variety of cases in which the State
eral as the confidential adviser of the Governor, of Maryland was interested. By adopting this
it seemed to him more proper that he should be proposition, he feared the door would be opened
selected by the Governor. The selection of a for a scene of corruption in the legislature, to be
new Governor every four years, would create avoided at all times.
such a rotation in the office of Attorney General  If it was the intention of the Convention to
as would satisfy the most ultra reformer in the abolish the office of Attorney General, something
State.                                     fixed and precise oughtto be adopted as the course
Mr. BlRENT, of Baltimore city, said,      to be pursued hereafter. He should in that case,
Considerations of false delicacy shall not with- infinitely prefer the section reported by the comhold the reasons for the vote which I am called mittee, to the proposition of the gentleman from
on to give.                                 Cecil. He would prefer, if the office of AttorPefore giving those reasons, I feel at liberty, ney General should be abolished, that the Govwith a view to correct erroneous impressions, ernor, under his high responsibility should have
some of which have appeared in the public the power of enploying special counsel, and of
prints, to refer to the causes which prevented regulating and controling the fees, rather than
me from resigning my seat in this Convention, that it should be thrown before the legislature.
when I was honored with the commission of At- If the proposition of the gentleman from Cecil
torney General.                             should be adopted, the legislature must do one
It has been said, that as a member of the com- of two things- -either pass a law authorizing the
mittee on credentials and qualifications, 1 report- Governor to do the very thing which this section
ed against the competency of any person to sit now authorised him to do-or refuse to pass such
in this Convention who held any office of profit a law and compel the Governor in each particuunder the State government. This is wholly un- lar case in which he shall have occasion to emtrue.                                       ploy counsel, to leave to them the right to adMy report is on lile, and will show that I ad- judge the fees to be paid. In the latter case,who
mitted the competency of clerks, registers of would be willing to be employed to transact any
wills, and all other State officers, except judges, important business, with an uncertainty as to the
to hold seats in this Convention.           fee to be allowed by the legislature? There
Therefore, the retention of my seat in this would be counsel willing to go before the legislaConvention under present circumstances, is not ture by their friends, and by appeals and other
inconsistcnt with my own report on credentials inducements, expect to induce the legislature to
and qualifications.                         pay a large fee.




533
But other highly distinguished gentlemen, asked for his opinion by the President of the Uniwould not, under any circumstances, go before ted States, he never received an extra fee for it.
the legislature and be compelled to resort to log- Whether the case related to the extreme south,
rolling and intrigue, in order to obtain a suitable or west, or north, if the United States were interfee. The services of such men would be lost to ested, the Attorney General tried it at length
the government, by the amendment.           without compensation. So it would be with the
He was entirely opposed to the abolition of Attorney General of this State. If his compensathe office of Attorney General. He fully agreed tion was fixed, he would have to perform all the
with the sentiments of the gentleman from Balti- duties required, while it would be a saving to
more city, (Mr. Brent,) and would vote for such the State in a financial point of view.
a proposition, to allow the people of Maryland  He had no apprehension, in case the election
to elect their own local officers for their local of the Attorney General should be made by genbusiness.                                   eral ticket, and in the districts, although they
He regarded the office of Attorney General were not required by the Constitution to come
with the same high opinion as the gentleman from the districts, that the city of Baltimore
from Prince George's, (Mr. Bowie.)  He wish- would be able to command the Attorney Geneed the salary to be fixed and certain. He believ- ral at all times. Strong and powerful as the city
ed that the State would save by the adoption of was, he did not believe she would ever undertake
this course. If there was no Attorney General to do so. If she did, it would be found that the
the Governor would be authorized to employ people of the counties would rise, en masse, against
such counsel as the exigencies might require, or her. He had never found, in the gubernatorial
as a resolution of the legislature might direct. elections, that when the person selected was not
The result would be, that in each instance, spe- exactly from that city, but was identified with
cial counsel would be employed. If the Gover- the city, that it had any influence whatever upon
nor should have occasion at one time to consult a the city. He had never found the city of Baltilawyer, A would be employed. In another case, more undertaking to assume the right to select
at another time, B would be employed. To try the public officer, to be voted for by the people.
a case in the courts, C would be employed, and At the same time, he had no objection to the proto try another, D would be employed. In each  position suggested, and if the gubernatorial eleccase, enormous sums of money would be re- tions were to be from districts, the same reasons
quired.                                     would exist wl;y the Attorney. General should be
Without intending to find any fault with the elected in the same way. He would therefore
officers of the government he would say, that vote for the proposition.
during the last year, neaily five thousand dollars  He had not been here yesterday when the genhad been paid in extraordinary cases. These ex- tleman from Anne Arundel [Mr. Dorsey] made
traorrtinary cases were constantly occurring. some remarks in reference to the claims of
There was one which would necessarily soon Messrs. CarmichaelDulany and Emory, which
come up, of great interest to the State of Mary-  been before the Legislature of Maryland.
lanAd the present                          He considered these remarks, so far as they
At the present moment there were incarcerat- tended to depreciate this claim, unjust, though
ed in the State prison of Pennsylvania, two indi-        un       ti
viduals for having actually arrested fugitive   he impted no   d  toe     ite      i
slaves belonviD-Ws to a gentleman in  Cecil   Mr. S. here proceeded to explain the claim,
slaves belnging  to a genteman m Ceciland to show that it had not been rejected by the
county. By the laws of Pennsylvaniat, if    and to shol that it had not been prejected by the'male escaped from a slave State, and should give Legislature, and should not be prejudged by the
birth to a child in Pennsylvania, the child by its Convention; but on the contrary, it had been in
birth would be free. No such doctrine prevail- effect acknowledged by the Legislature. He
ed here, and here was a question to be decided  would take occasion further to say, in reference
between the States of Maryland and Pennsylva- to the claim of Mr. McCullough, in his opinion
nia.                                        the State was as much bound to refuse the judgIt would have to go to the supreme court of ment of the referees in his favor, as they would
the United States for examination. He men- be by the opinion of the Court of Appeals. It
tioned this merely as an instance in which the had been judged by a special Court, who were
services of counsel would be required. There entitled to as much respect as the Court of
would be innumerable cases constantly arising, Appeals.
and many would grow out of the very Constitu-  Mr. GwINN said that he did not intend to altion which they were framing. If these cases lude to the case of the gentlemen who had acted
were left to be managed by special counsel to be as arbitrators in the McCullough-case. He did
employed for each case, large sums of money not understand that an aspersion had been cast
would annually be drawn from the treasury to upon their conduct, either by any here, or in
pay for these services. Instead of this, an At- the Legislature; and their high character,endertorney General, with a certain and fixed salary, ed a defence unnecessary  He intended only to
could try all these cases, as the Attorney Gene- make a very brief reply to the argument of the
ral of the United States was required to try all gentleman from Prince Georges, (Mr. Bowie.)
cases in which the United States are concerned.  He has criticised the report of the committtee
However difficulty the task, or however volumi- as a misapprehension of the true character of
nous the documents necessary to consult, when the Attorney General, and has said, if we attempt
the Attorney General of the United States was to change his character as an officer of the cornm




534
mon law, it is necessary to prescribe his duties required a reply. In saying that he desired to
in the Constitution, or by legislative act. The escape from the discussion, he would not be underAttorney Generalship, as known to the English stood as entertaining any doubts as to the opinions
law, is a very different office from that provided he had expressed yesterday; because those opinfor in our system. In England, the King is the ions had been the result of a deliberate examinasource of all judicial and executive authority. tion.
The judges and Attorney General who represent  He believed there was a great principle at the
a delegated portion of his sovereign executive foundation of this proceeding, and unless his obauthority, are common law officers, because a jection was removed, he could never give it his
parliamentary creation of the office of judge or assent. The Convention was assembled for the
Attorney General would have been a limitation purpose of making a new Constitution for the
upon the common law authority of the crown. people; and the public had a right to expect that
But in Maryland the case is widely different. the new Government would not be more expen-'We have no common law officer whatever, and the sive than the present. In the creation of that
Attorney General cannot exist unless the office new Government, no officer would be continued
is recognised by the Constitution or by some pub- who was not indispensably necessary to its wise and
lie law. He may have, if you please so to call efficient administration. Unless it could be shown
them, common law powers, but these are but the that the office of Attorney General was of this
general and necessary powers of every State, in- character, which had not been shown to his satcidentally deputed, and not by the force of the isfaction-he should feel bound to resist the concommon law a part of the office itself.    tinuance of that office. The gentleman from
The first mention made of the office, the gen- Prince George's had referred to the amounts paid
tleman tells us, is in the time of Charles II. during the last twelve years, as stated by himself,
Certainly, no more conclusive answer could be (Mr. McL.,) on yesterday. His object had been
afforded to an argument founded upon its exist- to show that the office of Attorney General was
ence as common law.                        entirely useless; for otherwise this large amount
Much had been said about corruption which of money would not have been paid for extra
would result if counsel designated were left to compensation. There had been twelve or fifteen
make his claim upon the Legislature. He thought cases to which, by the argument of the gentleit certainly much wiser that the Executive should man from Prince George's, it was the duty of the
have the power, but it is wiser to trust to the Attorney General to attend. The cases of spegeneral care and diligence of the Legislature in cial legislation were not included in that paper,
examining such occasional claims as may arise, in a single instance, because it was not the duty
and to the character of the person employed by of the Attorney General by virtue of his office, to
the Executive, than for the fear of such abuse to give his attention to these cases without any comcontinue such an officer in our State Government. pensation whatever. Yet it would be found with
Since, if their counsel is of their own selec- that office, existing with all its rigor, that this
tion, they will have no shelter from the effects large amount of money had been paid by those
of an improper decision.                   officers.
Can it be said, that when such emergencies  Was it not a fair deduction, to say that the office
arise, proper counsel cannot be obtained, if the was useless, and that some other system ought to
whole bar of the State is open to their choice? be adopted which would be of more advantage to
But the objection is taken that such counsel the State? He had adverted to abuses, and did
would not be subject to the responsibility of a not think it necessary to do so. He had simply
sworn officer. In the usual relations of attorney referred to the fact, that if while there had been
and client, though involving large amounts of an Attorney General, it had beer necessary to
property, and even life itself, such checks have employ officers'at an expenditure of $23,000 in
not been deemed needful; and it cannot be sup- twelve years, his services ought to be dispensed
posed that a higher guarantee would be required with. Unless it could be shown, upon grounds not
for the service of the State               hitherto brought before the Convention, that the
Some stress has been laid upon the extra fees office was necessary, he must continue to be opwhich have been paid by the State during the posed to its continuance.
past twelve years; and the argument is that it  What were the duties of the Attorney General,
would be wiser to pay a certain salary than such and upon what grounds was he to be retained?
irregular fees. The sum, though considerable, The reference of the gentleman from Prince
does not amount to an average of more than two  George, to the acts of Assembly, explaining the
thousand a year, which is about the compensa- duties of the Attorney General, had opened to
tion which some seem to think sufficient for the his mind an entirely'new consideration; and had
performance of the duties of an Attorney Gene- satisfied him more than any thing else, that the
ral. Yet, this system obtained while there was office was now entirely unnecessary. The office
an Attorney General, and, yet it is alluded to as was originally created under the Constitution;
a consequence of the want of one. The argument and the gentleman supposed that the Attorney
is certainly extraordinary.                General so created by the Constitution, was like
Mr. McLANE said, that he had been drawn the Attorney General under the common law in
into the discussion on yesterday. He would very England. The case where the Attorney General
gladly escape from it; but some remarks made by had resided upon the Eastern Shore, without atthe gentleman from Prince George's, [Mr.Bowie,] tending personally to criminal prosecutions at all,




535
would be similar to the office of Attorney Gen- ern or Western Shore, upon any question penderal in England.                           ing before them. He would ask the Convention
Anterior to the act of 1817, the duty of the if they were now prepared to continue this office
Attorney General would be essentially different of Attorney General, for no other purpose than
from those of the Attorney General of England, to give opinions.
where it was the duty to take care of the inter-' The gentleman from Queen Anne's, had spoken
ests of the crown in all civil causes. He hardly of the salary  What gentleman, it had been
knew of a civil case here, in which the Attorney asked, would take the office for $2500 a year, or
General had rendered any assistance. Accord- for less than that amount? He doubted whether
ing to the document to which he had referred, the it would he taken by a competent person, forless
Attorney General attended in no case to the in- than $3000. The system under which they were
terests of the State in a civil suit, without being now acting, was other than that. Taking $23000,
paid for it, independently of the fees and per- the amount paid for the last twelve years, it
quisites of his office. He knew of no such case. would amount to but $1700 per annum, so that it
He supposed the act of 1817 to be intended in seemed that the Governor and the State, had had
some degree to remedy this defect. It was not the benefit of the best talent and most eminent
necessary now to call attention to that act, as it counsel in the State, at $1700. Upon every prinhad been subsequently repealed by the act of ciple, therefore, the office was shown to be en1821, in which the duties of the Attorney Gen- tirely useless, and experience had proved that a
eral were defined. The act of 1821, provided as fixed salary would not dispense at all with the obfollows:                                  jection he had stated.
"That from and after the passage of this act,  He was willing to concede that this amendthe Governor shall nominate, and by and with the ment was not stringent enough or broad enough
advice and consent of the council, appoint and to remedy the evil entirely. The argument of
commission a person of sound legal knowledge, the gentleman over the way, (Mr. Spencer,) was
who shall be styled Attorney General of Mary- founded upon abuses that might creep in, under
land, and who, previous to, and during his acting this amendment, in the Leg:slature. The genas such, shall reside in this State; and it shall be tleman supposed that every case that occurred
the duty of the said Attorney General, to prose- was to be presented to the Legislature and decicute and defend on the part of the State, all cases ded per se. That was not his intention. He innow depending, or which may hereafter be tended to have the Legislature take up the subbrought in or removed to any of the counties of ject and prescribe regulations at once, by which
this State, by or against the State, or wherein the Governor would be bound. when he came to
the State shall or may be interested, in the same select counsel.  They would prescribe some
manner, as the Attorney General heretofore was general rule by which the compensation should
accustomed to do, or could do; and he shall have, be regulated by the government. That was his
exercise, and use all and every the powers and intention, and this would prevent the abuses
authorities in and relating to the same, as the which the gentleman had suggested. If that
Attorney General heretofore had used and exer- gentleman required that the amendment should
cised, or can have, use and exercise in similar be more strict, if he would make suggestions as
cases; and he shall give his opinion and advice to the mode, he, (Mr. McLane,) would cheerwhenever he shall be required by the General fully adopt them. He would gladly put it out of
Assembly, or either branch thereof, by the Gov- the power, either of the Governor or of the Leernor and Council, or by the Treasurer of the gislature to abuse the power, should either of
Eastern and Western Shore, or any deputy he them be disposed so to do, which he did not bemay appoint, on any matter or subject depend- lieve would ever be the case. He could, thereing before them."                         fore, see no difficulty growing out of it. The
The object of this act was to define the duties office of Attorney General was no longer the
more particularly, and to give the Attorney Gen- constitutional office. It was an office of the law,
eral the authority to appoint deputies. All the  and if the bill was passed, the Legislature might
duties were provided for in this act; and were create the office of Attorney General just as it
all transferred to the Prosecuting Attorneys of the had already been created. It might be done
several counties and of the city of Baltimore. now, by Act of Assembly, as well as in 1821;
The Attorney General had pothing to do with it, and, he thought it inportant to prevent it. When
according to the scheme now proposed.      the second section should come under consideraThe proposition of the chairman of the com- tion, he would offer an amendment to prevent it.
mittee, would dispose of the entire first branch of In the mean time, he could see no benefit to rethe act of 1821, and devolve the duties now  suit from the appointment of an officer with a
nominally discharged by the Attorney General, fixed salary of $1700, $2800 or $3000, unless it
upon the county prosecutors. Who could doubt could be shown that the duties of that officer
that under this system, an intelligent people, in could thus be most economically discharged.
any part of the State, would select individuals The abuses of the Legislature, which could be
quite competent to the discharge of these duties? guarded against, would constitute-no objection to
What would be the remaining duties of the At- his proposition.
torney General? To give his opinion and ad-  Mr. SPENCER said that every one would acvice whenever required so to do by the General knowledge that it was the duty of the ConvenAssembly, or by either branch thereof,by the Go- tion to adopt a Constitution which would limit
vernor and council, or the treasurer of the East- the expenses of the, State as much as possible,




536
and which would exclude all useless offices. the Supreme court of New York. The Attorney
The question now arose, is the office of Attorney General had now been notified to attend that
General a useless one  And this was the point court in May next for the purpose of arguing the
with which he took issue with the gentleman case. So it would be at all times, and such
who had preceded him, (Mr. McLane.) That cases would always arise, more especially since
gentleman's whole argument showed, the history the passage by the Congress of the United States
of the State showed, that the State of Maryland of the act protecting the right of the master to
required the assistance of legal advice. The slave property. It should be made the duty of
whole history of the State showed that theie the law officer of the State to try all cases in
had not been a period when she had not required which the State has an interest, and, in such
it. The only difference between the gentleman cases, as might be necessary, to employ assistant
and himself was this: How is the State to have counsel. In this way they could correct abuses.
this assistance?                             His friend had said that there would be no neShould the Governor have the privilege to se  cessity fur an Attorney General, because the delect special counsel in all times and all cases, or puty attorneys throughout the counties, no doubt,
should the State have a responsible law adviser would be selected for their learning, wisdom and
upon whom it could rely? This was the ques- position. The gentleman should recollect that
tion. The reason why his learned friend was the emoluments of these offices in the counties,
opposed to this, was not because the State did are very small, and the question was yet to be denot require counsel, but his argument was that termined whether they will command the conthe office had been abused. It the office had sideration of men of the character of which he
been abused, why did not his learned friend sug- has spoken, particularly when, in-addition to the
gest a mode by which the abuses could be cor- limited pay, the offices are to be of short tenure.
eected, rather than the abolition of the office it-  The gentleman had also said, in reference to,self? Any other office in the State might be the Attorney General of the state of Maryland,
abused, and did it follow that because the office that when that officer resided on the Eastern
was abused,therefore it should be abolished? No; Shore, he took no part in the office of Attorney
wisdom would seem to suggest that to avoid General. The gentleman would allow him to
abuse, they should provide a check to prevent it. say that he was mistaken. The Attorney GeneWhat had been the abuse complained of in ral did not prosecute in any county regularly, but
reference to the office of Attorney General? It whenever the public interest was at stake, and
was not that that officer had not performed his whenever the Governor had occasion to require
cuty, nor that the State had not,derived essen- a legal opinion or his counsel, he was always at
tial service from his learning and ability. The hand. Itwas true that when he appeared in the
fault complained of was tbat the Legislature had court of appeals, and tried any peculiar case,
not defined the mode of paying him for services as shown by the record, extra compensation was
rendered; that in leaving the rate of payment allowed him. But this resulted from defect in the
open and uncertain, abuses had crept in, and mode of payment, not from the system itself.
large sums had been appropriated for the pay-  The gentleman from Cecil had said, that about
ment of services which were unreasonable and  l1700 per year, had been paid by the State for
uncalled for. Now he would go with his friend some years past to counsel, in addition to what
for the correction of these abuses, and how could had been paid to the Attorney General by reguthey be corrected?                         lar fees. He had no doubt that this estimate was
All admitted that the State might require le- correct. He, (Mr. S.,) believed that if the peogal services and law advice. Let them have a ple of the State were allowed to have an Attorresponsible officer to take care of the interests of ney General, with a salary of $2000 per annum,
the State, and give him a fixed salary, beyond and each county and the city of Baltimore, to
which they could not go. By this means they elect their local attorneys, it would be much
would prevent abuses, and secure to the State more economical than the system iow pursued,
the services which it had at all times required. At or the one recommended by the amendment to
this very moment, many cases arise in prospec- the bill. He did not believe that there would be
tive, and there was now a great and important any difficulty in obtaining able men for $2000
case pending in the State of Maryland, by and per year. He thought that distinguished men
through one of her citizens, and the State of New could be obtained for 1500 per annum.
York, growing out of the case of Mr. Lee, of  He was of the opinion that the Attorney GenFrederick. He had arrested one of his slaves. eral should have nothing to do with the proseThis slave, under a process, had been taken out cution of ordinary cases in the courts, but should
of Mr. Lee's hands by Judge Edwards, of New merely give advice to the Governor, and try
York,as he was in the act of bringing him home I cases brought up to the court of appeals, by the
and under a decision of the Judge, delivered out deputies of the counties.
of custody.                                  Fifteen hundred dollars per annum, he rcpeatThe Attorney Generalor some other lawyer,!ed, would secure the most distinguished men.
would have to go to New York and take the case 1They had the most eminent men as judges at
to the highest court of that State, even to the Su- $2 500 a year, whose duty it was to try all cases,
preme court of the United States, if necessary. and who were obliged to be from home at least
The case was now actually pending, aud was to six months in the course of a year.
have been argued at the last February term of  Mr. CHAMBERS, of Kent. Nine months.




537
Mr. SPENCER.   The gentleman from Kent ed compensation and be required by law to persays, that they have to be away from home nine form such duties as should be assigned to him by
months.   Mr. S. said, that believing $1 50 law. Tnis would certainly be better than to
would procure the services of a capable person have a class of individuals irresponsible to the
as Attorney General, he would be willing to vote State.
for that sum for his annual compensation.    Mr. C. then read his substitute, which he said
Mr. CRISFIELD stated his purpose in rising was was based upon the actof 1821, as follows:
not to prolong the debate, but simply to give notice of a substitute which he intended to propose,  Section 1st. The Goverror, by and with the
when in order, for the first sectidn. Iefore do- advice and consent of the Senate, shall appoint
ing this, however, he desired to notice a single one person of integrity and sound legal knowview taken by the gentleman from Cecil, (Mr. ledge. who shall be a citizen of the United
McLane.)   That gentleman's argument was, States, and shaill have resided at leat five years
that this. fice was unnecessary.  He had read in this State, before the time of his appointment,
to the Convention an amendment which the who shall be styled Attorney General of PMarychairman of the committee who reported this land; he shall reside in this State while he conarticle proposed to offer, by which the power of tinues to act as such; shall hold his office for the
the prosecuting attorneys would cover all the term of four years, and shall qualify by taking
duties of Attorney General, except those for ad- such oath as may be pre-e ibed hy law, and it
vising the executive department. There were shall be his duty to prosecute and defend, on the
other classes of cases which these officers must part of the State, all cases which at the time of
be called upon to examine. There were cases the adoption of this Constitation and thereafter,
continually arising in the land office, growing out may be depending in the courts of appeals by or
of State laws, which must be attended to, as against the state, or wherein the State shall be
also civil and chancery cases. What did the gen- interested, in the same manner as the Attorney
tleman propose? That when the-e cases aiose, Genpral is accustomel to do, or can do, and he
the clerk should inform the Governor who will shall have, xercise ad use all and every the
delegate some individual toattend tothe interests powers and authorities in and relaling to the
of the State. This showed that the services of a  ame. as the Attorney General now has, use, and
legal officer were necessary to the State, and the exercises, or can have ue and exercise, in simiquestion then was-and the bill was based upon lar casi-s, except surh as are herein conferred
the hypothesis that the services of cousel were upon the State's Attorneys, to be provided for
necessary-whether they were to have the du. hereatter, and he shall give his opinion in wrinecessary- whether they were to have the du. tino whenever required by the General Assenties performed by an officer who was an officer  heever requich thred by the Goveranor, the
of law, whose duties would be prescribed by   r  easurer, or anch thereo, the Gorney, on any matlaw, who would act under the responsibility of' tr esure  or any State's ttoreeyr on any matan oath,and who would receive a fixed salaryor e re by the Governor or the General ssen
whether they were to have an individual to be reqired by the Gver  Ar the Generl Asecuselected by the Governor, under no responsibil- ty hny suit or action brogStt t by  ine Spate in
ity, guided by no law, and with no duty defined,  any  it o       atin   ht  the State nc
an to receive an unlimitedany court of this State; and he shall commence
and to receive an unlimited amount of compen  and prosecute or defend any suitor action in any
sation? On one hand,on the part o the dtate, as the
defined, and the compensation unfixed; on the General As-emuly, or the Governor, acting acother hand the duties would be defined and the cording to law, shall direct to be commenced,
responsibility known.                      prosecutpd or defended, and he shall receive for
I; seemed to him that the arguments of both his services an annual salary of  dollars, but
sidesadmitted that some individual was neces- he shall not be e,,titled lo receive any fees, persary to perform some portion of the duty which quisites or rewards whatever, in addition to the
the Attorney General heretofore had been re- salary aforesaid, for the performance of any offiquired to perform  He thought it was better cial duty; or have power to appoint any agent,
to have an Attorney General, than to adopt the representative, or deputy, under any circurnmode suggested by the gentleman from Cecil.  stances whatever.
If the Attorney General received last year  Mr. JENIFER said, that the bill as reported and
$9000, why not devise some scheme to prevent the amendments and substitutes offered, all prothis amount from   accruing to him?  They vided for a law officer of the State as necessary.
could limit the amount. The argument had been This seemed to be conced d on all sides. The
urged that $1700, in addition to the fees, had questions which arise were, whether he should
been paid for extra compensation. These fees be called an Attorney General or mere counsel
would continue to be given until the law should employed by the Governor; whether he should
be altered, so as to give to the Attorney Gene- be appointed or elected, and what compensation
ral a certain salary.'I he Legislature had given he should receive. T'hese embraced the generthis sum regularly themselves; if not directly  al views of the amendments. An objection had
they had directed the Governor to do it. Unless been urged to the appointment or electior of an
they restrained the Legislature, these expendi- Attorney General upon the ground of expense.
tures would still go on. Economy was a suffi- The gentleman from Cecil, [Mr. McLane ] had
cientreason why they should have an individual assumed that one of the objects of ailing the
as Attorney General, who would receive a fix- Convention, indeed he had said, the geaest ob68




538
ject was economy, which he denominated the made by the Governor, and for four years. Mr.
platform of the Convention-that economy was J. was of the opinion that the officer she uld be
the great basis upon which the Convention was responsible to the State for the duty performed,
called. He (Mr J.,) would admit this was one but if the power should be given to the Governor
object, and if they would examine the different alone, he did-not see that there would be aiy rebills reported, they would find that it had been sponsibility upon the part of the individual emcarried out as far as it could go. With all the ployed, because he would not be recognised by
bills reported, economy had been the order of law.
the day. But this was not the only object of the  As to the mode of appointment, some gentleConvention. Its object was also to take away men were in favor of election by the people.
the life tenure of the offices of the judges and He ventured to say, that throughout the counties
others. This was one great complaint of the it had scarcely been heard of. He had never
people-it was also to restrain within proper heard it mentioned before he came to the Conlimits the legislative and Executive departments vention. This bill provided that there should be
of the Government.                         a State Attorney in each county, to be elected
In regard to economy, how was it? It was by the people of the county. He believed that
provided by the substitutes of the gentleman from this power should be placed in the hands of the
Cecil and of the gentleman from Worcester, that Governor and Senate.
the Governor should employ an officer whenever  He had seen it published throughout the papers,
he might think proper. Consequently, the per- that a certain party desired to take from  the
son employed must have a salary, or other com- Governor all responsibility and patronage. And
pensation.                                 it had been charged upon gentlemen of the lower
Suppose it should become necessary that the counties and the Whig party. He said it was a
Governor should employ counsel to the Su- little remarkable, as far as he had seen by the
preme Court of the United States to go to New  votes and in discussion, that it was the DemoYork, to Penn-yivania or anywhere e'se, for the cratic party who were afraid to trust the Govpurpose of arguing a ca.e;for each and every ernor with power, and were for curtailing it most.
case the counsel must be paid, and he is not lim- He disavowed for himself being of either party
ited to one counsel, lie Iway employ half a dozen in this great question of reformn, and was in favor
at one time, or at different times. Anoiher case of placing confidence in the Governor whom the
may arise, and another, until the compensation people elected, and also in the Senate. He did
allowed would exceed the anou t the Legisla- not desire to force upon the people what he beture would give an Attorney General    The  ievedthey did not require. He was for appointenormous amount paid the Attorney General ment by the Governor, by and with the advice
had been referred to. FHe ventured to say, that and consent of the Senate; the compensation to
that amlount woruld be very great econom  corm-be regulated either by the Convention or by the
pared with the appoitntments of counsel by the Legislature, as might be deemed most expedient.
Governor, unlimited as to the amount of corn. If it should be decided that the Attorney Generpensation they were to receive, except by the al should not be appointed by the Governor he
amount of the contingent fund at his disposal.  would take the other alternative, and have him
It had been said, that at the prtsent time it elected by the people. He believed that the
was not necessary to have an Attorney General. manner in which it was proposed to regulate the
If at any time from the formation of the Govern- compensation of this officer by the amendment
ment, to the present time, that necessity had ex- of the gentleman from Somerset, [Mr. Crisfiel J,]
isted-now was the time to have a law officer to was a good one, as it would prevent cavil hereprotect the great interests of the State.   after.
The gentleman from   Queen Anne's, (Mr.    The importance of an Attorney General at
Spencer,) had referred to the fugitive slave case the present time had been referred to by the
in New York. Mr. J. thought that the Attor- gentleman from Queen Anne's, not only in the
ney General should, very properly, go there and case of New York, but in the case of Philadelargue the case. The State would not then have phia also. The legislature of Ohio had lately
additional expenses to pay, except such as might passed a law which might bring up great and
be provided for by law-the compensation should important questions, for the consideration of the
be liberal but defined.                     legislature of Maryland, and \the opinions of her
Why not say that the Attorney General should State officers. That State had passed a law exhave a proper salary, and make it his duty to go pressly nullifying a law of Congress, by making
when called on by the Governor. In regard to it a penalty to assist in capturing fugitive slaves.
economy, they would see that if they gave the He knew it had been said that the Governor
Attorney General'2500 or 12000 per annum, could employthe best counsel togoto these places;
for which the best talent might be engaged, hav- but the consequence would be a much larger exing State's attorneys throughout all the counties, pense. Therefore, with regard to economy and
economy would be better accomplished and they the great interests of the State, be believed there
would have a law officer respected, whenever du- should be an Attorney General, whose duty it
ty called him, as the law officer of the State.  should be to guard the interests of the State at
In regard to the mode of appointment, he home, and in the Supreme court of the United
agreed with the gentleman from Prince George's, States, and elsewhere, whenever his services
(Mr. Bowie,) that the appointment should be should be required. He would give him a liberal




639
salary, and then he would have no right to charge ten opinion upon any subject in which the legal
beyond it, leaving it to the equity and justice of rights and interest of the State are involved.
the legislature, to make him extra compensation  Mr. B. went on to remark that the Attorney
whenever it might be thought proper he should General of the State is not a salaried officer. His
receive it.                                compensation is derived from  fees, and the
If economy were the sole object, it appeared to amount depends upon the number of cases in
him that the appointment of an Attorney Gen- which he is professionally engaged. In most of
eral for the State, with a fixed salary, would ac- the counties of the State, the emoluments of the
complish that object and comport more with the office are small, and it is only in the city of
dignity and honor and interest of the State, than Baltimore that the profits of the office are large;
a power vested in the Governor, to employ couna power vesred  the Governor, to e mpe oy coun- being rendered so by the number of criminal.
sel whenever he deemed it expedient, and at cases constantly occurring there, and which will
what compensation he pleased. For these rea- 
sons he should vote for the appointment of an At- always be an incideRt to a large and populous
torney General.                             city. The fees of the Attorney General and his
Mr. BRENT of Charles, said that the subjectDeputies, are paid by the county or city, where
the several cases are prosecuted, unless by the
presented to the consideration of the Convention, the several cases are prosecuted unless by the
was whether the office of Attorney General, as it jdgment of the Court they are to be paid by
now exists in the State, should be retained in the the party convicted.  rom the remarks of one
Constitution we have been delegated to form. of the honorable gentlemen from Baltimore, not
The plan of the committee proposed to abolish now in his seat i might be inferred, although
that office, and substitute in place of it State'sh did not deign so to be understood, that the
Attorneys, to be elected by the people in the sev-Attorney Generalof Maryland  as paid by that
eral counties and the city of Baltimore. From  city. If he resides there and prosecutes in
the consideration and thought he had given to criminal cases oriinating in that city  he is
the subject, he believed it to be the proper plan, chiefly paid from her treasury. A former Atand was prepared to give it his support. The torney General of the State resided upon the
provisions of the second section of the reported Eastern Shore, and no part of his income was
bill, rendered the appointment of an Attorney received from Baltimore-the profits of the office
General for the State at large unnecessary, and there went to his deputy.
the arguments submitted on the other side had  It is said if the office of Attorney General is
failed to convince him he was in error. No ob- abolished, the interests of the State will suffer.
jection had been made to the main features of this Undoubtedly this is true, unless his duties are
section, but it was contended that in addition to deputed to others. What is proposed in the
a State's Attorney to be elected in each county bill under discussion? Why, instead of having
and the city of Baltimore, there should also be an this officer for the State at large, it is proposed
Attorney General for the State at large.   that each county and the city of Baltimore, reThe gentleman from Prince George, had gone spectively, shall elect a "State's Attorney," to
into an historical inquiry, to show that this wasbe clothed with the same powers and duties,
a common law office. He believed that it had which the present Attorney General is required
its origin in England, during the time of Charles, to exercise, circumscribed only by the limits of
the second. Many of its duties are derived fromthe countyor city, in which they are elected
the common law, but in this State they are chiefly Eery case in which  the State is interested
prescribed by the act of 1817. The various tax  in her own territory, must aris in some
and revenue laws of the State, also require cer- one of the counties, or the city of Baltimoretain services to be rendered by that officer. His There then will e an attorney under the plan
There then will be a   n attorney under the plan
appointment is provided for in the Constitution, proposed, as  ll as under the present, to guard
but his duties have been designated by the Legis. propse   as well as under the present to guard
lature.  t was not, however, important for hmand protect her rights.  The argument did not
latu   It was not, however, irnportant for him  tm o hime to be sound. But it is assumed that
to stop and enquire whether this was an officersee   m o           Butt s assumed that
at common law or not. An examination of that ese attorneys will ot expect to follow their
question in connection with the subject, as pre-cases to the Court of Appeals. He, Mr. B.,
sented by the bill of the committee, he thought thought it ould be their duty to try them there
needless.                                   as well as in the Court below. The deputies
What are the duties of that officer? To at- under the late Attorney General were required
tend to all cases and suits where the State of MIa- aid expected by him to do so. He believed and
ryland is directly concerned, either in interest or hoped that the people would elect good and cornin guarding and enforcing her criminal laws. He petent men. It was an office of high importance
is in fact the attorney of the State, in every case to their peace and welfare as citizens, and he
where she is the seal and not the nominal party. had no doubt they wduld take care to fill it proNot being able to attend to every State's case perly. If attorneys are to be selected in the sevarising within her limits, he has exercised the eral sections of the State, to take charge of all
right of appointing his deputies, of whom acting her cases originating, or for trial there, he could
within the limits of the commission from the At- not understand how their duty to the State as
torney General to them, the same duties are re- counsel would be discharged until they had folquired as of him. He is not ihe confidential ad- lowed the case to its termination.
viser of the Governor, but the Governor of the  There was an omission it seemed to him in the
State has the right to require from him his'writ- bill, but this he thought could be easily supplied.




540
Tle Governor, as he had before remarked, had the State, in all cases in which she is concerned,
now the right to call upon the Attorney General would not be left unprotected  The power to
for his written opinion upon questions of interest the Governor to employ counsel, when the interto the State. It was desirable that the Execu- est of the State requires it, will secure counsel
tive shouid have the right to claim the opinion to the State in all those cases which do not arise
of some legal officer, upon questions of law that within her limits. He should therefore vote for
might arise from time to time in the discharge of abolshi,,g the office.
hisdepartmentof the Government. He suggest-  Mr. MORGAN had listened to the discussion with
ed that he should be authorised to call upon any a great deal of interest, and would say that ihe
one of the State's Attorneys, for an opinion in had come to a different conclusion from the genthe same manner as he can now claim the ~pin- tleman who had just taken his seat. What was
ion of the Attorney General. This he thought that gnt eman's o jection to the amendment procould be done without inconvenience, and would posed by the gentleman from Somerset, (Mr.
remove one of the objections ured against the Crisfield,) and how did he propose to obviate that
discontinuance of the office.              objection? He had said that the Attorney General
It was true, that cases might arise, beyond thewas iot required by the State, because by the
limits of the State, in which her rights and inter- article which was before them, the duties of that
csts were involved, requiring that they should be officer might be performed by the deputies of the
represented and guarded by able and distinguish- respective counties.'his was subject to two obed counsel. This very condition of thing  s isn-  ections. First-the irresponsibility of these oftended to be provided for by the first section. It ficers discharging the duties of an Attorney Genauthorises the Governor "to employ counsel foreral.  econdly-the extra compensation at the
the State when in his judgment the public inter- discretion of the Gvernor, or the Legislature,
est requires it.'' With the restrictions proposed paid to counsel tor duties that would be performin the amendment of the gentleman from Cecil ed by that officer. Now, as to the first objeche, (Mr. B,) would not heitatein giving him the tion, he did not concur with his friend from
power. But the fact that such cases will arise is Charles, (Mr. Brent,) that deputies elected in the
no reason for the continuance of t:is office.counties, were always proper persons to follow
They have arisen, and the late Attorney Gen.suits to the court of appeals. There were no
eral, whose ability no man doubted, was not re-duubt some exceptions, among which he was
quired to appear in them all. When he did ap-happy to include his friend from Charles. It was
pear in any one of them he was liberally paid as well known to every member, that the class of
he ought to have been, from the treasury of the prsecutors were not men of that legal attainState. Other distinguished gentlemen were em- ment, of that knowledge of the law, who would
ployed in more instances than one. Mr. B. here be proper to follow these cases to the court of
referred to the printed table of fees paid by the aeals. Many of the cases brought to that
State tocouiel in the last twelve years. Thisthen  court, were very important either in the princi(tie continued,) can be no reason for retaining this pe to be decided, or the amount involved in the 
office, and the section only authorises the Gov- sultHe meant no disrepect to these officers,
ernor to do that which has been done whilst the but public duty required that he should speak
office eisted. Moreover, how often would these plainly, a d say that it was obvious to the Concases occur? From the history of the past it vention, that snould they follow these cases to
could not be presumed that they would occur the court of appeals, that the interests of the
often.                tth    they woulate would require that some assistance should
Hie had heard no one object to the election of be given them in that court. It then resolved itState's Attorneys in the counties and city of Bal self into this, that counsel other than the prosetim    ttore. Te in te r elunties and cty of  Btl ccuting officer, would be necessarily employed to
timore. Ti-e determination of the Convention
seemed to be unanimous upon that point. You p'otect the interest of the State, and in that event
are then to have a State's Attorney in every see-  tra compensation would be necessarily allowt.rn of the State, and what duty is left to b  er- ed. Surely his fiend from Charles did not ean
f      n of the State, and what duty is left s  howevper- to say that the prosecuting attorney should follow';treed  by an Attorney( General? It is however
such cases here, and that the only compensation
proposed that there             should be  a      n Attorney Gen-sc es here,  d that  tion
eroposed that there should be an Atto rnb y Gen- for his trouble, time, expense of travel, and tryeral with a fixed salary, who is to be, it is said,'ing them, should be the 3,33 1-3 ceits, now althe confidential adviser of the Governor. This  tem    ould  t,         et    no  a
is the creation of a new office with an old name  owed by law. He could liot attend to the cases
The Attorney General is now paid by fees. Thefor that fee. Ie st then receiveextra comone prolosed to be appointed under the new  pensation, and as he had before said, many of
Constitution is to recee appointed          t te  npai   omthem would require assistant counsel, who also
the treasury ise t ceive S a slary to be paid from  would receive extra compensation, and this cominthe treasury mthe   offte.  tou hav the office, pellsation must be e,from  its nature,uncertain, uninducerents must be ofered lo lhe distinguished
talent of the S-ate to fill it. Thesalary mus be(ide!ned and unlimited at the time of the reniditalent of thetate to fill it. The salary must be tion of the services, and when fixed, would posa large one. Upoi the ground of a proper econo- siltlytbe ascertained by the party inclinations of
m y he could no'nt vote fot il  d~ aprop(s on o  -isy be ascertained by  the  party  inclinations of
my he could not vote for tihe proposition.  thbe Governor or Legislature, that paid for them.
In conclusion, he saw no necessity for continu-' his he considered a strong reason why the preing this office. Its duties are in fact to be per- sent article should not pass, as it opened the
formed by ihi officers propostd to be elected in Cloors of the treasury to favoritism, and to a
the second section of this bill. The interests of wtasteful extravagace of the public money.




541l
Again, what does this bill propose? In the not from the prejudice attending upon them, reexecution of the laws of the State, and the con- ceive a just compensation from the Legislature.
flicts arising out of them, and in the innumerable This was conceding the whole argument, for a
instances that required professional advice, it de- claim that might be considered a proper one beprived the Governor of the counsel of an Attor- fore investigation might afterwards turn out to
ney General, and made twenty or thirty depu- be a very unjust one, to be allowed or to be
ties elected in the counties at a distance from  prosecuted-but the correctness, or incorrectness
the seat of government, certainly not eminently of the claim did not lessen the labor of the counqualified to give advice, many of them neither sel employed to investigate it-and those which
personally or professionally known to him, his might be decided to be wrong, would possibly
advisers and consultors. He asked the Conven- require labor, thought, learning and application
tion, could the Governor have confidence in such in proportion to the contingency of success or
consultations, and would the important interests defeat. He therefore concurred with the gentleof the State be as wisely and sedulously guarded man, that the Legislature could not know what
as under a different system? For his part he amount of time, labor, application and diligence,
could see no good that could result froni such a which counsel brought to the investigation of
system, except it be to create employment for such cases, and that they were not te proper
the benefit of attorneys, without any compensa-  nts to form an opinion of the value of the sertion fixed or limited by law.             -vices rendered. In illustration of this argument,
Instead of placing the duties of the office of his friend on yesterday referred to the McCulAttorney General in the hands of twenty or more lough case, and although it was well known that
deputies, place them in the hands of one man re- both himself and the gentleman had opposed that
sponsible to the Governor, convenient to him for claim in the Legislature, yet he understood him
consultation at all times, and selected from  to say, that he would have voted for the compenamongst the eminent minds of the State for his sation that was claimed by the distinguished
knowledge of the law and his capacity to dis- counsel who investigated it.
charge business. This officer should be the adviser of the Governor-his duties should be pre-  Mr MCCULLOTJGH interposng, objected to this
scribed by law, and his salary should be fixed and claim being brought before the  Convention.
There must, he said, be one of two objects in
he should be prohibited from receiving any extra fee or allowance for his attention to State bringing this question upeither to retard he
business, other than that allowed by law. He progress of the Convention, or to forestall public
would also make it his duty to attend to all cases opiion upon the claim.
arising out of the State, in which the interest of  Mr RGAN  d:
the State might be concerned. These cases were  That he had no design to force the claim upcontinually arising, and would continue to arise, on public opinion. The peculiar relation of the
aid if gentlemen would take the trouble to look gentleman from Cecil to the claimants had not
at the treasurer's report,transmitted under an or- occurred to him. He certainly had none but the
der of this Convention, they would see the enor- kindest feelings towards either that gentleman or
mous expense incurred under the present system  the claimants. He had no agency in bringing
in the prosecution of this class of cases; in one it up in this debate, but now that it had been
or two instances, the amount paid to attorneys, brought in and used by way of argument, he
running up to some five or six thousand dollars meant no disrespect when he said, that he knew
in each case. This was the result, the inevitable perfectly well when he was in order, and that he
result of your system, and would never receive meant and intended to use it as a fact for what it
his sanction or approval.                  was worth in this debate.
The amendment of the gentleman from Cecil,  Mr. MCCULLOUGH said, that in his observa(Mr. McLane,) proposed that the attorney em- tious, he had no reference to the gentleman.
ployed by the State was to apply to the Legisla-  Mr. MORGAN said:
ture for compensation. His friend from Balti-  His object was not to argue the merits of the
more, (Mr. Gwinn,) had sufficiently answered claim-with that we had nothing to do. But
that argument, though he conceived him rather his friend from Baltimore had said, that the leginconsistent. Yesterday he understood the gen- islature was not the proper agent to pay attortlemam to object to the counsel applying to the neys, because they refused compensation in some
Legislature, because he did not think that body cases where compensation should be given. He
could estimate properly the value of the services cited this claim as a fact, to prove his argument.
performed, but to-ddy he has said that he was in He agreed with the gentleman in his conclusions,
favor of allowing the Legislature to fix the com- and no stronger fact could have been brought
pensation.                                forward to sustain his views than this very
Mr. GWINN explained and said, that the argu- case.
What was that case? Mr. McCullough was a
ments which he had used, were not capable of  cntractor for a la ge porti M lloh was a
this contradictory interpretation.        contractor for a la ge portion of the Annapolis
this contradictory i,         and Elk Ridge rail road, he claimed fiom  the
Mr. MORGAN resumed. He understood his Slate some fifty or sixty thousand dollars, for
friend now to draw a distinction between what services rendered outside of his contract. The
might be considered just claims, and improper legislature recognized the equity of some part of
claims, and that as to the latter class, attorneys the claim by passing an act under which a board
employedto prosecute them by the State, could of commissionrs composed of three diatinguied




542
lawyers were appointed, who were required to during the last twelve years given to the Goverhear the case and to make an award thereon-  nors by the Attorney General, it has cost the
they entered upon the discharge of their duties, State, as he before said, upwards of twenty thouthe claimants appeared by counsel, and the State sand dollars in fees for the legal profession, it is
was represented by the Attorney General and after fair to assume that the average cost will be the
a laborious investigation of some month or more same hereafter. To this sum you must add sima full hearing of argument upon both sides, they  ilar fees for every opinion required by the Gomade their award, and up to this day although  vernor in the execution of every law upon which
these commissioners have knocked at the doors he has a doubt, the aggregate of which would be
of the legislature for a just compensation for the larger than a salary per annum, that would cornservices which, by law, they had imposed upon mand the best legal talentof the State. He conthem, not one dollar have they received.    tended, therefore, that in the practical operation
Now, he would ask the gentleman from Cecil, of the government, it was not subject to the obif that was a proper body to adjust the claims of jection of beng more expensive, but would be a
lawyers, who might be sent to prosecute a case savi  to the treasury-would inform the people
in any State or before the Supreme Court of the how and in what manner their money was drawn
United States?  He must say that in his opinionfrom it, and divest the Legislature and the Gohe thought it was not. He meant no disrespecternor, of the power to reward ordisallow, at the
to the Legislature, but the duties of an Attorney  public expens, the claims of either friend or
and the impossibility of having correct informa- fe.
tion before them in reference to those duties, madn from Ceil had asked, what
them not the proper sources to apply to for co-  alry should be given this officer?  He seemed
pensation. He also objected to the Governor to think that such talent could not be obtained as
having an unlimiteu use of the funds of the Stateshould be, for the salar  proposed. He would
for that purpose-and was in favor of making  undertake to say that for two thousand dollars, or
this an office under the Constitution with a fixed  for twenty-eight hundred dollars, the services of
salary, that the Legislature might know, that the the most able men could be procured. It was a
people might know, what amount the Attorney  utynotat all inconsistent with the business of
received for his services,                  any lawyer, and one whi, h would, by no means,
occupy his time to the neglect of other profesAgain, it had been said by the gentleman from  sional duties; but would he cavil upon a grave
Cecil [Mr.   McLane,] that we siould nhe cavil upon a grave
Cecil [ilr. McLanel that we should not make constitutional question, about one or two hunthe Government we were about to frame more dred dollars in the salary of an officer? He
expensive by affixing a salary to the office by thought not. It was argued that the Governor
Attorney General; that such a salary was un- must necessarily employ the services of deputy
known to the existing Constitution. Was such  attorneys,and that he could require their opinions
an argument sound on the score of economy? In  when advice was needed. Could gent emen be
that view it made no difference whether the mo- serious, when addressing this argument in the
ney was taken froin the Treasury of the State by hearing of this Convention? Were these depuconstitutional provision or by appropriation of tis so skilled, so eminent, so profound, that no
law, if the amount for the same services appro- doubt has occurred to the mind of any one as to
priated by law was equal to the amount fixed by their capacity to give advice to the chief officer
the Constitution. If the Governor had hereto- of your State, in the discharge of his high, diffifore paid Attorneys nothing, if the Legislature cult and important duties? Next fall each counhad paid them nothing, if unlike all past experi- ty in the State and Baltimore city, will elect ait
ence in the Government of the State, their ser- officer of this description, not one of whom the
vices could be dispensed with, then the gentle- Governor would possibly place the value of an
man's argument was correct. But what are the iota upon his opinion, and yet you would make
facts? Gentlemen have now upon their desks a tiem his advisers in your organic law. And thus
statement of moneys paid to Attorneys for the you would deprive the Governor of any efficient
last twelve years, amounting in the aggregate to  counsel, so that if he should not be a lawyer himtwenty-one thousand dollars and upwards, and if, self, he could not with any confidence in his
as is proposed under this bill. the opinions req,Ji- course, know what course to pursue upon all
red by the various Governors during that time, cases of doubtful action. The result would be
and which were furnished free of charge by the that the people of Mar land, would have to select
Attorney General had been paid for, this sum  fur their Governors none but lawyers, as no other
would possibly have been doubled-so that the class could bring the learning you require to a
system  itself is infinitely more expensive in discharge of the duties of Governor. This, to
its demands upon the Treasury than the one con- his mind, was an objection which gentleman had
tended for by him, (Mr. M.,) for it is admitted  not and could not answer.
on all sides that these Attorneys will be required  Under the existing laws of the State, there
and that they must be paid in some manner-no  was an Attorney General. The amount of fees
one has intimated that they could be dispensed  paid to this officer for the last two or three years
with.                                       was excessive to which the gentleman from Cecil
But,(said Mr.M.,)we should have an Attorney  had objected. That gentleman had argued as if
General, for the very reason which the gentle- the present laws were to continue in force hereman from Cecil gives that we should not-that after. And had brought to bear all the evils of
of. ecoaomy.. Without paying for any advice the old system, to defeat the one proposed in the




543
new. Had not the gentleman from  Somerset, internal improvement companies and insurance
[Mr. Crisfield,] proposed to restrain him from  laws, more or less, throw additional duty and
receiving extra compensation, and to define his responsibility upon him. He has also been a
duties? Had he not in his amendment made it common law officer in England from the days of
obligatory upon him, to attend to all cases in Charles down to the present time; has been rewhich the State might be interested, and that he cognised as such, not only there, but in nearly
should not receive one dollar of the public money all the States of this Union, both in their old
beyond that prescribed by law as his salary?-  and new Constitutions. in England he has xHow then can the argument of the gentleman hibited all informations and prosecutions for the
from Cecil avail him, that although they should Crown in matters criminal, and in all cases
appoint an Attorney General. he would hereafter touching the King's inheritance or revenue, his
receive extra compensation?  This had been advice and professional aid is required. In this
done under past laws, and would continue to be country he is the great conservator of the public
done under the system advocated by that gentle- peace, so that those who may outrage the laws
man. It was the very evil which he, (Mr. M.) of the society under which they live, may be
desired should be remedied in the Constitution  brought to such punishment as the public morals
we were now framing, by fixing the salary and  nd the dignity of the State may demand. In
cutting of all extras.                     all questions affecting the property of tie State,
under its laws it is his duty to watch and protect
But, says the gentleman, lie does not contemn- her interest-to give his advice whenever requiplate that the Legislature should pay these coun- red by the Executive of the State, at all times
sel for their services, as they have heretofore and upon all laws. These were some of the dubeen paid. He says that the Legislature shall ties incident to the office of Attorney General,
prescribe some rule or schedule of allowances and he should hesitate a long time before he
by which these services shall be regulated. Now, could be induced to part with an officer whose
can the Legislature ever know  wkat are the services the experience of every enlightened goservices that are to be performed? Its members, vernment had taught to be necessary.
perhaps, throwing aside the humanity of which     should vote against the amendment which
they are common partakers, with their fellow- abolished this office. Because it left the employmen, and investing themselves with the presence ment and pay of numberless attorneys at the disof Divine wisdom, or catching a ray of that fu- cretion of the Executive or Legislature, instead
ture knowledge of things denied by obdurate of fixing it by law and giving the people some
man to an all knowing divinity, might have idea of what the expenditures of the State are.
knowledge and information sufficient to prescribe He looked upon it as sound public policy that
a law to meet every case that might arise, but the expenses of government should be ascertainuntil such celestial knowledge is vouchsafed unto ed and limited as far as the same can be by law,
them, he looked upon all such expectations as and not left to either the discretion or caprice of
entirely out of the question. A case for instance any public officer or agert. He should vote to
occurs in the State of New York, or any other retain the office becau.e!;e believed the public
State: to fix a fee for attention to such a case the interest required it, not only on the score of
Legislature should know before the case arises, economy, but because tt- welfare and protection
how many days or weeks it would take to try, of society would be gr,' antied to its members
what trouble and investigation it would require by having an officer wh )e duty it was to mainbefore trial, whether it would be disposed of tain and vindicate the la ns that sustain it.
speedily upon the law, or whether by the evi Mr.. The qestion no   before the
dence its continuation would be long, and its ex-.  onvention ma e conedoe th e
Convention may be confined within a very narpense and labor in proportion to its length This row compas. It is on an amendment offered by
knowledge would necessarily be required, if the th gentleman from Cecil, (Mr Men ane,) os to
sum paid the attorney was in proportion to the certain powers to be granted to the Legislature
services rendered-and this was the only crite- under the first section of this report. We have
rion by which they could render any compensa- heard gentlemen after gentlemen, this morning,
tion watall. The' Legislature, therefore, could rising in rapid succession and presenting amendnot in the nature of things, know what amount ment and substitutes which were all out of orto pay. In this point of view he looked upon der. And what is all this miscellaneous debate
the proposition of the gentleman from Cecil, as to erd in? We can come to no conclusions as to
utterly out of the question.               the disposition of the matter before us. All this
Gentlemen had asked what were the duties of debate, instead of bringing us nearer to the point,
this officer?  Had they listened to the able ar- only draws us away from the question. T'here
gument of his friend from Prince George's, (Mr. appears to be an antagonistical principle at work
Bowie,) who had shown wi at were his duties  which defeats all action on the part of this Conboth under the statute and the common law? vention. Is there to be an Attorney General?
He would not again repeat that argument. Un- Gentlemen differ on that question. What are
der the statute law many and responsible duties the duties of the office? Gentlemen differ as to
were thrown upon him in reference to the reve- that. Those of us-I rank myself with those
nue of the State, where, if competent and proper who go for the amendment of the gentleman from
attention was not given, the State might serious- Cecil-who are in favor of abolishing the office
ly 0uIer. Charter privileges, corporations, your of Attorney General, may yet be inclined to vote




544
for some of the other propositions which may be  Mr. HOWARD, in reply, said that if an Attorsubmitted.  Some gentlemen desire to have ney General agreed to take the office for fifteen
a salaried officer; but how much they would give hundred dollars, he would come to the Levislahim no one has said. If it shall be proposed that ture for additional compensation. It was imposihe shall have fixed salary, and shall perform all ble that we could get a competent man to go
the duties which the State shall require of him, over the state, and to argue cases in the Supreme
then we shall understand it.                court of the United States, where it was not
It seems to me, sir, that all the propositions unusual to pay a thousand dollars for an argument
which have been made resolve th, mselves under on any such terms. He regarded it as the most
two general heads. Will the service of the pub- unreasonable proposition that could be advanced.
lie be better done, and will it be cheaper done,  He believed the business of the State could
under the system proposed in the report of the neither be more cheaply nor better performed by
gentleman irom Frederick, (Mr. Shriver,) than an Attorney General. If we have such an offiunder the amendment of the gentleman from   cer, his salary will go on, whether he is employCecil? I think not. I think nothing will be ed or not. But in the way now proposed, the
gained by the adoption of this section as report- counsel in the service of the State would only be
ed by the gentleman from Frederick. Shall we employed, when their services were wanted, and
have an Attorney General? And if so, ought he would only be paid when employed. Thus the
to be appointed by the Governor, or shall he he State would be put to no expense beyond what
elected by the people? I believe that the idea the necessity of the case required.
that he should be elected by the people is the  Mr. DORsLY rose and said:
most objectionable, and if we are to vest the ap-  He was desirous to make some response to the
pointment in the Governor, it will be just as safe remarks which had been made by the gentleman
to trust him, without the appointment of an At- from Queen Anne's. Any one who should read
torney General, with a liscretion to employ coun- the debates, would be led to suppose from the
sel when required on behalf of the State, out of character of those remarks, that he, (Mr. D.,)
the profession at large.                    had been making a wanton attack on persons for
The gentleman from Charles, (Mr. Jenifer,) whom he felt the most sincere respect. Certainhas referred to a record whlich shows that when ly it had been very far from his intention to say
the Governor requires legal services in any par- a word which could leave an unfavorable impresticular locality, he will take his counsel from  sion concerning them.
that locality. And this is much the best way.  Mr. SPENCER here explained that he had exWhy should he send the Attorney General all presslv stated that nothing he was aware, which
over the State, when the best counsel perhaps in had been said by the gentleman from Anne Arunthe State may be on the very spt, at their own del, was intended to have a personal bearing; but
residence there? I would therefore give the Gov- that, as the gentleman had said, that the conernor the power to select counsel at his discre- tractors had no claim against the State, that
tion. And I believe this will be a cheaper mode declaration was calculated to prejudice the claim
than the femployment of an Attorney General.  in public opinion.
Unless [Mr. H. continued,] we tie up the Leg-. lr DORSEt said:
islature from giving compensation to counsel,that e dd not r to tht  art f the   n
body can most properly determine the amount of m e dd nt resone, but tt what he had said in
the fee in proportion to the character of the case. reference to the court of appeals. The obserHe saw there had been cases in which extra fees rations, whichhe urt of appeals. The  ere
had been allowed. He referred to the employ-  not intended to prejdice the  lam, but were 
ment of the Attorney General in Pennsylvania,  y to whatn ded t len from the gentleman from.reply to what had fallen from the gentleman fi om
when he had to take three trips to that State.-  Baltimore city, (Mr. Gwinn,) who had referred
And he asked how we could send the Attorney to this matter to show that the legislature was
General out of the State, and yet tell him that either not competen,or not to be trusted to setwe would hold him to his salary, and would tie the amount of compensation to be allowed for
make him no extra allowance. This could not legal services rendered. The gentleman seemed
be done; and the consequence would bethat cases to think it so just a cause of complaint against
of application for additional compensation,would the legislature, that they had not paid the gentlebe every session before the Legislature.    men employed in this case, that they ought not
Mr. SPENCER rose for explanation. He stated to be trusted to fix the compensation for legal
thathe had said. in reply to the gentleman from  services. He understood the gentleman from
Cecil, (Mr. McLane,) who suggested that we Baltimore city, to say that the legislature had
could not get an Attorney General competent to refused to make any compensation to the gentleperforn the duties of the office for two thousand men employed, for their services.
dollars, or even twenty-five hundred dollars, that  Mr. GWINN replied that the application was
a competent Attorney General mightbe obtained unfavorably reported on by the committee.for two thousand dollars, and perhaps for fifteen  Whether it was acted on by the House, he did
hundred dollars. He said that if the Attorney not know. If it was, it must have been on the
General was only required to give his opinions at last day of the session.
home, and to try cases within the State, he be-  Mr. DORSEY said he had necessarily assumed,
lieved an efficient and able one could be had for from the previous remarks of the gentleman,
fifteen hundred dollars.                    that the legislature had rejectd the claim; and




545
if it were so, they had only done their duty, and from home, were never entrusted to the Attorexercised a power expressly reserved in the law  ney General alone. It was never contemplated
for the appointment of arbitrators, who were, of that they should be. It was no part of the duty
course, apprised of it before they consented to of the Attorney General, to travel all over the
act. He was prepared to give a history of the United States.  If such a salary as is spoken of,
case, but he would only say, that in view of all i were allowed him, it would not be expected
the circumstances, the subject was discussed last | that he would be required to represent the State
session, and the claim of McCullough was reject- in courts out of the State of Maryland, withed by a vote of nearly two to one in the House out additional compensation. The salary itself
of. Delegates. The chairman of the committee would be no adequate compensation.
who had voted for the claim before, voted against  The etlma  fro  ue, thin
it afterwards when the vote was forty-five to  The gentean fom he    enti  nes, the S
twenty-four against it. The clause of the Act of that  tie terms he has metioned, the State
Assembly on which he had founded his opinion, can obtain  ery distinguished men. ule, (M. 
that the Legislature was justified in refusing this D,) doubted if distinguished men could be obclaim of the arbitrators Mr. Dons.Y here read. taned at any such a salary as the gentleman had
Under this law the Legislature were to deter-. A man who is competent to fill the ofclaim of the arbitrators  r. ORSEY here rea named. A man who is competent to fill the ofUnder this law the Legislature were to deter- fice with credit to himself and advantage to the
mine whether they would pay or not. Believing, f   wth cet  to hief an adantage the sa
as he conscientiously did, that the State had not named.  f there were only the ordinary duties,
as he conscientiously did, that the State had nu)tState, never would accept the office at the salary
a shadow of interest in the matter, and that there. i  tere   ony t      heoriny   ll
was no claim  on the State, he stated what he men might be found to take it, but not with all
was no claim on the State he stated what ai- these extraordinary duties out of the State, in
did. The State determined not to pay the arbi-  e performance of which, he would haveto
trators, because Mr. McCullough was bound to the performance of which, he
pay them. He thought, therefore, that from this make great sacices.
case, the ground could not, with propriety, be  He did not agree in the idea, that it was the
taken, that it was right to refuse the power to duty of the Attorney General, as such, to take
the Legislature to fix the compensation for legal more care of the interests of the State, than could
services.                                   be expected of any other counsel to whom they
He did not intend to make any remarks with  may be committed. He had been nearly fifty
reference to the Attorney General. He would years at the bar and on the bench, and he could
give his vote for the report. The gentleman from say from his own personal knowledge, had
Queen Anne's says we can get an Attorney Gen- never witnessed any deficiency in zeal or efforts
eralfor $1500. He, [Mr. D.] knew that for on the part of counsel specially employed by the
many years past, it had been the practice to State. Other counsel will take just as much
make such appointments from political favorites, care ofe interest ofthe State  the Attorney
and thus it was that not always were men of the  eneral.   take the oath of office prescribed
most distinguished talents selected. It is true, by the Constitution;but there is also another
we hae had Luther Martin, who conferred more oath which no lawyer will violate, and which he
we have had Luther Martin, who conferred more takes when he becoes a member of the preshonor on the office than he derived from it. We     n      coes     e  e     the  oalso have had Roger B. Taney, now Chief Jus  ion. And uo ran can be selected by the Govtice of the Supreme Court of the United States. ernor who would not regard that oath as obliga
And Mr. Pinckney held the office temporarily  tory on his conduct, as would be the oath of the
until another distinguished individual was com-Attorney General.
petent to fill it. It comported with his conscience  Ie thought then, that ther e was no real neto hold it awhile, and it was given to him by the essty for the appointment yf an Attorney GenState, on account of his professional pre-emi- era  In the cases which may arise in the consence, and as an acknowledgment for great ser  ti  alent ofs, the Governor county or ajong t ronties,
vices          which h e    had  re         nd appoint counsel resident, as it were, in the
taining a large claim ~which she had in Europe gspot, and he could do this for less compensation
But if the appointment of an Attorney General  ot, an the y Geneal   ld require, were
is to be made now, as it has been for some years he to discharge the duties.
past, the State will need some additional coun-  Ifan important criminal case were to be tried
sel. The Attorney General will have to attend and it was requisite that the State should have
to all the business of the State on the Eastern very able counsel, the Governor can obtain it,
Shore, and before the Supreme Court of the and will have the power to obtain it under this
United States. He believed it would be found section. Counsel may be taken from among the
that the cases of the State before the United  distinguished men in Baltimore and elsewhere,
States Supreme Court, were never trusted en- and taken into the districts, if the Governor
tirely to the Attorney General. He recollected should think proper; although it would not be
very well that when he was Attorney General, necessary, when in the district itself or its adjoinhe felt very much gratified at the appointment ing districts, distinguished counsel could be
of Roger B. Taney, to aid him in carrying on a found fully competent to conduct the case. And
case concerning the right to tax merchandize these could be obtained at less expense than
imported from foreign countries, before the bale would be allowed to the Attorney General if he
was broke. It was so also, in the case of Mr. attended there. It had not beenunusual when the
McCullough, in the Bank of United States.-  Attorney General of theUnited States who has
Cases of this importance, and at this distance now a salary of $6,000 a year, to be allowed ad69




546
ditional compensation whenever he was sent to lars as the emolument within the State of Marya distance and was long detained or rendered im- land. This was the position I occupied.
portant services to the Union.               Mr. DORSEY. My answer was this, that I do
When the late Attorney General, Reverdy not think it follows from necessity-that it is
Johnson filled that office, he was sent to New  morally certain that the Attorney General, if seYork or Philadelphia, by General Taylor to at- lected by the people, would be taken from among
tend to the interests of the United States in mo- the most able and distinguished lawyers in the
mentous cases about to be tried which had been State-that in great and important cases, such
previously tried and decided against the United as the one I have already referred to, or where
States. He was successful, and saved to the Uni- the sovereignty or important pecuniary interests
ted States some ten or twelve millions of dollars  of the State of M-ryland are deeply involved
When he returned, General Taylor, expressed and are about to be tried in the Supreme Court
his high gratification at the manner in which the of the United States, of the Court of Appeals, or
Attorney General had performed the duties en- in some other court of the United States, it
trusted to him, and asked him to state what was is desirable that the State should be represented
the amount of extra compensation, to which, ac- by a member of the bar of distinguished emicording to usage, he was entitled. Mr. Johnson nence;that such an one would be found in the
replied,that he had examined the law on the sub- Attorney General of this State is not at the
ject, and had satisfied himself that he had but dis- present day a matter of even moral certainty.
charged his duty as Attorney General, was not The interests of Maryland, therefore, require
entitled to receive and would not receive any that the Governor should be permitted to seek
compensation for the services rendered, other him in any part of the State where he is to be
than his salary.                           found, and not be restricted to the employment
Mr. JENIFER asked whether Messrs. Pinkney of an Attorney General not exactly of that order
and Rush did not receive large extra fees?  of talent requisite for the occasion.
Mr. DORSEY said, he could not answer the   I stated that I thought the Attorney General
question. He had said that it was the practice of this State had not been, for the last thirty
to receive additional fees. His friend before years or more, of that eminent professional abilihim, (Mr. Howard,) said it was always usual. ty which distinguished them in olden times, when
Mr. SCHLEY referred to the section which pro- a Martin, a Pinkney or Taney occupied that
hibits the increase or diminution of the salary of post, and conferred more honor on the office than
a public officer while he remains in office.  the office did on them.
Mr. DORSEY said:                           Mr. SPENCERR. The gentlman's answer is
This still further demonstrates the impropriety just what I expected; and when I say this I mean
of attempting to obtain an Attorney General at no disrepect to the gentleman. 1 mean to say it
the low salary of one thousand five hundred dol- is the only answer that can be given. One of
lars. The State could never expect to get, at two things must take place, the Attorney Gensuch a salary as that, men like Luther Martin, eral, if we have one, must be either appointed by
Pinkney or Taney, who conferred more honor on the Governor or elected by the people. The arthe office they filled, than did the office on gument of the gentleman appears to me to be this:
them.                                      that if the Governor had the appointment, then
He admitted that it was not now the same he would not obtain the services of the ablest and
honor to fill the office as it was formerly. And most profound lawyers. If he is appointed by
his own appointment, perhaps, might in some de- the Governor, then the force of the argument of
gree have contributed to that result. But be the the gentleman is this: that the very Governor
cause what it may, the fact, he thought, could who appoints an Attorney General will select a
not be denied that at the present day the honor feeble and unsuitable man, but if on the other
ofbeing Attorney General of Maryland, was not hand, he is to be required to select special counsufficiently great to induce the distinguished mem- sel in each case in which he may require advice,
bers of the profession to seek the appointment.  then he willgo to some particularpart of the State;
If it is necessary to send counsel to distant parts perhaps to Anne Arundel county, or to Baltimore
of the State, to attend to the public business, it city, or some other particular place, where he will
would be cheaper to find persons on the spot find and select some very distinguished lawyer.
competent to the discharge of these duties, and  Mr. DORSEY, (in his seat.)  Or, to Queen
who would take care to see that justice was done Anne's county.
to the State.                                Mr. SPENCER. I amn glad to find the gentleMr. SPENCER said, I never contemplated, in  man looks to Queen Anne's, but I fear he will
proposing to give the Attorney General a salary find an order of men there far behind those of Anne
ot fifteen hundred dollars, that he was to perform.Arundel. I have no doubt they will compare
duties beyond the limits of this State, when re- well with the rest of the State.
quired, as well as within it, for that sum. I do  Mr. President, I apprehend if an Attorney
not hesitate to express my belief that you cannot General is appointed by the Governor, he would
get an officer at such a salary, to attend to his be as cautious in selecting him, as he would be
duties at home, and also go to New York, or any in selecting special counsel.
other ctate of the Union, or to the Supreme  But, again, if the Governor is not to appoint,
court of the United States. If an officer were to then the people will elect. Here I apprehend that
undertake to do it, he would involve himself in inasmuch as there is a probability of the people
debt. No, I calculate the fifteen hundred dol- being required to elect, the gentleman looks into




547
futurity and is afraid that the people will not se- able men at the bar of Maryland. I stated their
lect an efficient officer, but one that would be were men in it, as able and distinguished as any
utterly inefficient to try a cause. He thinks the in the United States, as lawyers. I have had an
people cannot be trusted, and the Governor can- intimate acquaintance, for a great many years,
not be trusted, with the selection of an Attorney with gentlemen of the bar, and I think I can say
General; and at the same time he says the Gov- this with perfect safety, as distinguished and able
ernor will select able counsel, if he is deprived men. There are men that, if my life depended
of an Attorney General.                    upon it, I would unhesitating trust myself in their
I apprehend no such thing. On the contrary, hanrds, but I do not say that such as are fit to be
I believe that if the people are called upon to Attorney Generals, abound throughout the State.
select an Attorney General, they will select an I said that of late years Attorney Generals were
efficient and able man. And therefore it is, I frequently appointed, not bcause they were the
say, the gentleman's argument proves nothing, most able men in the State, in point of legal atfor it proves too much. I take the ground that tainments, but from motives of political partiality
it is demonstrated clearly and without the possi- or something of that description, upon no other
bility of misrepresentation, that the Attorney principle, Mr. President, can I account for my
General-the law officer of the State, represents elevation to that office, which I held for a few
the sovereignty of the State, and therefore when years, some thirty years ago.
you attempt to strike down this officer, you aim  As to the remarks made by the gentleman as
a blow at the sovereign rights of the people. to the high dignity of, and profound respect
And when you do that, you commit a most shown to the Attorney General, as representing
serious offence, for there is a great distinction the sovereignty of the State, and the imporbetween reforming abuses and practicing innova- tance thereof in the discharge of his official dution. I say that when you attempt to strike down ties for the State. I would merely say that I
that officer, you step on the ground of innovation, have always regard substance more than form.
and there is no reform in that. I hold to the I have ever considered that in a court of justice,
doctrine that if there be a necessity for counsel, the argument of any other lawyer has just as
it ought to receive the approval of the people much weight in the decision of a cause, as the
themselves.                                 argument of the Attorney General himself. It
In conclusion, I repeat what I have before will do well enoughfor gentlemen in this body,
said, that I would allow the Attorney General a to talk about the dignity and sovereignty of the
salary of fifteen hundred dollars a year, for his State, as represented in the Attorney General,
services within the limits of this State; but if the and on southern principles and feelings to gratify
Governor chooses to send him beyond those our own conceits. But when you come to aplimits, then 1 would be willing to leave it to the ply hem to mattels of litigationthey are wholly
Governor, to judge of the discretion and pro- disregarded in the adjudications of courts of
priety of saying what compensation should be al-  stice
lowed that officer, for extra services on account ustie,
of being sent abroad. That is the position I take.  The idea, threfore of the sovereignty of the
State, being in the Attorney General, or its havThe gentleman from Anne Arundel, seems to ing an influence upon the rights of the State bethink that the Attorney Generals of modern days fore a judicial tribunal, exists only in the imagiare not equal in ability and talent to the Attor- nation of a visionary dreamer. It deserves not
ney Generals of olden times and of the old school. the weight of a feather in this Convention.
Sir, I do not think that all the wisdom and learning belong to former days. although I am proud  Now, the gentleman from Queen Anne's, [Mr.
to know that we have had so many brilliant judi- Spencer,] asks me whether I think that, if it
cial men, such as the Chief Justice of the United were left to the people to choose an Attorney
States, who was once Attorney General of Ma- General, they would not always make a good
ryland. No, I do not believe that all the learn- selection? That is not my opinion. But I say if
ing and talent belong to the men of other days. the office isto be continued, I would leave it to
I believe there is to be found, in this State, coun- the people as soon as I would leave it to the Gosel equal to any of former times. And there are vernor-judging from the past. I would have
men rising up every day, in different parts of the much more confidence that abler men would be
State, who would do honor to the station, and I selected by the people than by the Governor.
do not believe that the office is to go a begging. I believe it would be the pride of the people to
I believe that if you adopt a wise provision in the have one of the most distinguished men in this
Constitution, there will be no lack of able and State appointed Attorney General, and such a
highly competent men, ready and willing to ac- man would be voted for and elected, if his apcept the office of Attorney General of Maryland, pointmentwas considered without reference to
and, therefore, it is, I am opposed to the amend political party motives, or the interference and
ment.                                       corrupting influence of electioneering politicians.
Mr. DORSEY said. A word in explanation of I think the first lawyers in the State, if tendered
what I have already said, as to which there ap- to them by the people, without an effort on their
pears some misconception, though 1 think my re. part to obtain it, would accept the office.
marks would be justified and correctly under-  1 am, therefore, not liable to the insinuated
stood, without saying anything. I did not mean charge, that I am against trusting the people. On
to say that there were not now distinguished and the contrary, I am in favor oftrusting the people




548
rather than executive patronage and favoritism. tion on striking out-but, after some conversaMr. SHRIVER said:                        tion as to the effect of the motion, withdrew it.
It was my intention to have responded to some  Mr. SPENCER renewed it.
of the objections which have been urged to the  A long conversation followed as to the state of
adoption of the first section as reported by the the question, and the effect of the amendment.
committee, but as the whole subject has been so  The question was then taken on the motion to
fully and ably discussed, and as the Convention strike out, and the result was as follows:
seem anxious for a vote on this question, I deem.ffirmative-Messrs. Morgan, Wells, Sellman,
it improper to consume more time, and will con- Weems, Jenifer, Crisfield, Williams, Hodson,
tent myself by reading the second section as I Eccleston, Phelps, Bowie, Spencer, Brent of Balpropose to ametind it.                     timore city, Kilgour, Hollyday, Smith, and Show[Mr. S. read the section as proposed to be er-17.
amended.]                                    Negative-Messrs. Buchanan, Pre't., pro temn.
That section when amended, taken in colnec- Lee, Chambers of Kent, Donaldson, Dorsey,
tion with the first, will, I think, answer most of Brent of Charles, Howard, Bell, Welch, Chandthe objections made to the first section as report- ler, Dickinson, Sherwood of Talbot. Dashiell,
ed by the committee.                        Chambers of Cecil, McCullough, Miller, McMir. PHELPS called for the reading of the Lane, Wright, Dirickson, McMaster, Fooks,
amendment,                                  Shriver, Sappington, MeHenry, Magraw, NelWhich was read.                           son, Carter, Hardcastle, Gwinn, Stewart of BalThe question was stated to be, first, on the timore city, Sherwood of Baltimore city, Ware,
amendment of Mr. DIRICicsoN.                Schley, Fiery, Neill, John Newcomer, Harbine,
Mr. DIRICKSON with the consent of the Conven- Brewer, Weber, Slicer, Fitzpatrick, Parke, and
tion so modified said amendment, as to insert the Cockey-43.
word "thereafter,"' between the words "may"   So the Convention refused to strike out.
and "allow."                                 The question then recurred on the substitute
Mr. D. asked the yeas and nays,           amendment of Mr. McLANE.
Which were ordered, and                     The PRESIDENT, (pro tem.,) said, that the subBeing taken, resulted as follows:         stitute was not in order-the Convention having
j4ffirmative-Messrs. Lee, Chambers of Kent,ref   to strike o    ut.
Donaldson, Dorsey, Wells, Weems, Brent of     Mr. WEEMS desired to offer a ubstitute.
Charles, Crisfield, Dashiell, Williams, Hicks, T  PRESIDENT (pro tem.,) said, it was not in
Hodson, Eccleston,Phelps, Dirickson, McMaster, order.
Fooks, McHenry, Carter, Stewart of Baltimore  Mr. CHAMBERS, of Kent, called the attention
city, Schley, Fiery, Neill. John Newcomer,Har- of the Chair to the twenty-second rule.
bine, Weber, Hollyday, Slicer, Fitzpatrick and, The PRESIDENT, (pro tern.,) reconsidered his
Smith —30.                                  decision, on consulting the rule, and declared the
~Negative-Messrs. Buchanan, President, pro. substitute of Mr. MCLANE to be in order.
tern., Morgan, Jenifer, Howard, Bell, Welch,  Mr. WEEns then said, he should offer a substiChandler, Dickinson, Sherwood   of Talbot' tute for the section, and that, before it was read,
Chambers of Cecil, McCullough, Miller, Mc- he would say a few words.
Lane, Bowie, Spencer, Wright, Shriver Sap-    Mr W. said, he was opposed to the abolition
pington, Nelson, Hardcastle, Gwinn, Brent of of the office of Attorney General, and notwithBaltimore city, Sherwood of   altiore citystanding his unwillingness to participate in the
Baltimore city, Sherwood of Baltimore    city,
Ware, Kilgour, Brewer, Parke, Shower and dscussionof the bill now under consideration, he
Cockey-29.                                  would, if in order, offer a substitute for the first
So the amendment was agreed to.           section. Before doing so, however, he desired
to occupy the floor for a few moments, while he
The question then recurred upon the adoption ated ve  briefly the reasons by whiche ha
stated very briefly the reasons by which he had
of the substitute as offered by IMr. MCLANE, on been influenced. In looking over the tabular
yesterday for the first section of the report, be-statement, showing the amount paid by the Exeing in these words:                         cutive to counsel during the year 1850, he found
"'In cases required by the public interest, the the sum to be very little less than six thousand
Governor shall have power to employ counsel dollars. This, in his judgment, was a very imunder such regulations as the legislature shall portant item  of expense, one in which his conprescribe."                                 stituents as well as the whole people of the State
Mr. JENIFER then moved to strike out the said were interested. For one, he had always thought
first section and substitute the following-  the Attorney General a very necessary and im"'There shall be an Attorney General appoint- portant officer, as the adviser of the Governor
ed by the Governor, by and with the advice and and Treasurer of the State. He considered him
consent of the Senate, whose term of office shall the proper person to defend any citizen of the
expire with that of the Governor, and whose duty State who might be arrested and put upon his
and compensation shall be regulated by law."  trial for an alleged crime beyond the limits of the
The question was then stated to be on the sub- State.  This bill provides for the election of
stitute of Mr. JENNIFER.                    Prosecuting Attorneys by the people in the sevMr. SHRIVER asked the yeas and nays, which eral counties and city of Baltimore, by which arwere ordered.                               rangement, (conti nued Mr. W.,) the duties of the
Mr. GwiNN  called for a division of the quesj Attorney General wvill be very much mitigated.




549
I make no objection to this portion of the report. must ask your indulgence for five minutes. HowI sincerely hope it may work well. I cannot, ever anxious gentlemen here may be to bring the
however, concur with the committee in their labors of this body to a speedy close, allow me
views as set forth in the first section of this to say, that no member of it feels a greater intereport. 1 would prefer continuing this office, and rest in the progress of the public business than
letting the Governor, with the advice and con- myself. The question now before us has been
sent of the Senate, appoint the Attorney General, literally " talked to death." It has been so rewhose term of office should be the same as that peatedly altered and realtered, amended and reof the Executive. By this arrangement I think amended, that, notwithstanding all the rich dismuch expense may be saved to the State, and the plays of legal lore-notwithstanding the elaboGovernor relieved of much trouble and inconve- rate opinions expressed by gentlemen learned in
nience. Having expressed my humble views, I the law, I cannot but come to the same conclunow offer the following as a substitute for the sion that Benjamin Franklin came to when sitfirst section:                             ting by the side of Thomas Jefferson at the time
"rhe Governor, with the advice and consent of the adoption of the Declaration of Indepenof the Senate, shall have power to appoint an dence. The anecdote is historical, and no doubt
Attorney General for the State, whose term of familiar to all here-but, old and familiar as it
office shall be  years; and it shall be the duty may be, I shall here repeat it, as most applicaof said Attorney General to attend to all cases ble to the present condition of the business of the
in which the State may be concerned, and the Convention. It is this: When the Declaration
annual compensation to said officer shall ie two of Independence was under discussion, and Mr.
thousand dollars, for services rendered within Jefferson was writhing under the criticisms that
the limits of the State; it shall also be his duty were being made on some of its parts, Franklin,
to attend to any case beyond the limits of the by way ot consoling him, told the story of John
State, whenever required so to do by the Gover- Thomson, who was about to set up business for
nor, and for services performed out of this State, himself as a hatter, and who consulted his ache shall receive such additional compensation as quaintances on the important subject of his sign.
may be allowed by the Legislature at its first ses- The one he had proposed to himself was this:
sion after such services shall have been perform- "John Thompson, hatter, makes and sells hats
ed."                                       for ready money," with the sign of a hat. The
The question was then taken, and the substi- first friend whose advice he asked, suggested
The uof Mr. WE    was treen ten ad te      that the word " hatter " was entirely superflueitute of R/i. WEnis w.ous; to which he readily agreeing, was struck
The question recurred on the substitute of Mr. out. The next rearked, that it was unnecesMcLA~e~out. The next remarked, that it was unnecesM rC IILANE.nd,....    sary to mention that he required " ready money "
Mr. CRISFIELD moved to amend said substitute for his hats -few persons wishing credit for an
by adding at the end thereof, the following  article of no more cost than a hat, or if they did,
"But no law shall be passed to establish the he might sometimes find it advisable to give it.
office of Attorney General."                These words were accordingly struck out; and
Mr. C asked the yeas and nays on the amend- the sign then stood, " John Thomson makes and
ment, which were ordered, and being taken, re- sells hats."  A third friend who was consulted,
suited as follows:                         observed, that when a man looked to buy a hat,.firrmative-Messrs. Buchanan, President, pro he did not care who made it; on which two more
tern., Lee, Chambers of Kent, Donaldson, Dorsey, words were stricken out. On showing to another
Brent of Charles, Jenifer, Bell, Welch, Dickin- the sign thus abridged to "John Thomson sells
son, Sherwood of Talbot, Dashiell, Eccleston, hats," he exclaimed, "why, who the devil will
Chambers of Cecil, McCullouh, Miller, Me- expect you to give them away?"    On which
Lane, Wright, Dirickson, McMaster, Fooks, cogent criticism, two more words were expungShriver, Sappington, McHenry, Magraw, Nel- ed;and nothing ofthe original sign was left but
son, Carter, Gwinn, Stewart of Baltimore city, " John Thomson," with the sign of the hat.
Brent of Baltimore city. Sherwood of Baltimore  Now, there has been a great consumption of
city, Ware, Schley, Fiery, Neill, John Newcom- time on this subject, and it does seem tome that
er, Harbine, Brewer, Weber, Hollyday, Slicer, it has already been decided by the vote just taFitzpatrick, Smith, Parke, and Cockey-45.   ken on the amendment of the gentleman from,Aegative-Messrs. Morgan, Wells, Sellman, Charles, [Mr. Merrick,] that we shall have no
Weems, Howard, Chandler, Crisfield, Williams, Attorney General; and we seem to have done
Hodson, Phelps, Bowie, Spencer, Kilgour and much the same thing as was done in regard to
Shower-14.                                  John Thompson's sign-struck out everything
Sothe amendment of Mr. CRISFIELD was agreed that has been presented for our consideration,
to.                                         and left nothing but a name and a sign! And yet
The question then recurred on the adoption of my friend insists upon restoring that which has
the substitute of Mr. MCLANE, as amended.  been stricken out,and thus revive an office which
Mr. SHERWOOD, of Baltimore city. I have I think has been pronounced by the deliberate
listened with great attention to this debate, Mr. votes and determined action of this Convention,
President, and was in hopes that it would not be as useless and unnecessary-at least it has been
necessary to inflict any remarks of mine upon the so determined to my entire satisfaction.
patience of this Convention; but I find that I  I would not have attempted on this occasion,




550
or on any other, to obtrude myself on the intelli- t o procure a reform of the abuses that press heagence and wisdom of this Convention, did I not vilyand unequally upon them-I will not stand
feel constrained to do so by a sense of duty. I idly by
have been a quiet but attentive member, and "And see bold deeds achieved by other's hands;"
have endeavored to act on all the questions that
have been brought before us, so far as my judg- but will hereafter endeavor to do my share of
ment led me, correctly and fairly. If there is the talking, to inflict as many speeches as the
any gentleman in this body, worn out after an most eloquent, and to contribute my full quota
enduring and long protracted patience, it is my- of words in the discussion of all subjects that
self. I wish to see more acting and less speak- may come up. I hope, however, for a better
ing; but if talking is to be the order of the day-  state of things.
if speeches are to be the only results of the labors  Pending the question,
of this Convention-if words are to repay the  The Convention adjourned until 10 o'clock topeople for the treasure expended in their efforts morrow morning.
END OF VOLUME I.