to meet the wants of all the counties upon
the subject of schools. In the adjoining
county of Worcester, they have a fund of
some $50,000 or $60,000 invested. The in-
come of which is managed by the county
commissioners. In our county we have
school commissioners. I believe there is a
special system for almost every county. I
do not think a general system would be well
adapted to all the counties.
Mr. STIRLING. I wish to say a few words
on this proposition. I do it with great re-
luctance, because there is much that is good
in the specific matters contained in the
amendment of my colleague (Mr. Stock-
bridge,) and by opposing them I am liable to
be placed in a position somewhat of miscon-
struction.
It is proposed to insert here the things
which as a general rule the legislature ought
not to do. Now, what is the legislature? It
is the power of the State; it is the body in
which, under our form of government, resides
the whole residuum of the sovereignty of the
people. Now, if yon cannot trust, the legis-
lature, then I want to know whom in God's
name you are to trust? Is it a body whose
functions are defined, like the Congress of
the United States, every part of whose pow-
ers are hedged in and surrounded, and who
are to set here cramped and confined, and
who are to look into the Constitution to fine
out everything that they can do, and every-
thing that they cannot do? It is best to give
the legislature power. It is increasing the
responsibility of the members of the legisla-
ture, and it is adding to the rights of the
people, to increase the power of the legisla-
ture which represents them.
Mr. STOCKBRIDGE. I would suggest to the
Chair that the gentleman is discussing the
general principles of the entire amendment,
when the question before the house relates
simply to the school system.
Mr. STIRLING. I am opposed to putting
this restriction in, because of the general
principle involved in all the restrictions pro-
posed.
The CHAIRMAN. The Chair is of opinion
that the general principle may be discussed
in its application to the special matter under
consideration.
Mr. STIRLING. Let us for one moment
consider this question of public schools. I
want, as my colleague does, a general public
school system. But suppose that we do not
get it; suppose the legislature will not pro-
vide a sufficiently lull and ample public
school system, are those parts of the State
who have a system to lose the benefits of it
because the rest of the State do not come up
to it? Does this mean that the rate of taxa-
tion shall be uniform in every county in the
State? That Baltimore city shall not levy
any higher tax than may be levied in Balti-
more county, or in Anne Arundel county ? |
If yon make any discrimination, then that is
a local law. I know that my colleague (Mr.
Stockbridge) does not mean that, and I
think that is not the proper construction of
it. But is it not dangerous to have a provis-
ion here which may receive that construction ?
We have just passed a provision in relation
to the assessment of taxes.
Mr. PUGH. I rise to a point of order; that
is, that the gentleman is not in order in dis-
cussing a provision already adopted.
The CHAIRMAN. The gentleman must con-
fine his remarks to the amendment under
consideration.
Mr. STIRLING. I merely desired to use the
illustration, for the purpose of showing that
it was impossible for us to sit down here and
undertake to pass rules to guide all legisla-
tive bodies for all time to come. The great
founder of the Christian religion, established
the general principle that the evils of the day
are sufficient for the day. Now, I think we
better leave to the people .who are to come
after us the responsibilities which they are
to assume, and not undertake to legislate
ourselves tor all future time.
There is no one who has been in the habit
of coming here year after year, who has not
seen constantly evils growing up; and it is
very natural for people who see them to think
that they can cure them by some restrictions.
But it cannot be done. We might just as
well pass a law that the legislature shall do
no hasty net; that they shall not refer bills
to delegations; shall pass no unwise legisla-
tion. Now, if there are certain great things
which you think no legislative body at any
time should do, then it is fair to put them in
the Constitution. But when it is merely a
matter of details, it is wisest to leave it to
that power that represents the people. If the
people cannot be trusted to send decent and
respectable men to their legislative bodies,
then you never can have any government
worth having.
Going back to the past, it seems to me
that the legislative bodies of former times,
which were unrestricted in their powers,
were better than those which are restricted.
These restrictions have all been introduced
within the last twenty years or so. Are the
legislatures better now than they were for-
merly? There was a time when the legisla-
ture of Maryland sat here as the adjudicator
of the grievances of the people; and I un-
dertake to say that it was a wiser legislature
than we now have. The ordinary system of
legislation pursued in these States, when colo-
nies, was to make the house of delegates the
grand inquest of the people. The colonial
legislatures of New England met to redress
the grievances of the people of the State, and
sat there to adjudicate between man and
man; and it was only because it became prac-
tically inconvenient that it was abolished.
And I would rather give the legislature ab- |
