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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 433   View pdf image (33K)
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gret to go before the people with this section in it, which
struck down at one blow sixty millions of property. If
it was put in the constitution at all, it ought to be sub-
mitted as a separate proposition.
Mr. Horsey, of Frederick, raised the point that it was
not in order for the gentleman to debate the subject be-
fore the Convention had decided whether the report
should be opened.
The Chair (Mr. Brooke) decided the point well taken.
Mr. Brent called for the yeas and nays, when the Con-
vention refused to open the report to the amendment by
a vote of 59 to 30.
The Convention then elected to open the report to the
amendment proposed by Mr. Barry, which was adopted.
It is as follows:
"The Legislature at its first session after the ratifi-
cation of this constitution shall provide by law for State
and municipal taxation upon the revenues accruing from
business done in the State by all foreign corporations. "
Mr. Brown explained his vote in the negative by saying
that he doubted the propriety of adopting into the con-
stitution such an important provision without some con-
sideration. He did not think the mere revenues of for-
eign corporations were a proper basis of taxation, and in
fact he had his doubts as to whether it was not in con-
flict with the constitution of the United States.
Mr. George said a similar provision was now and had
been in operation in the State of New York.
Mr. Jones said the Legislature would have the power
to do this, as it was not prohibited, and he was opposed
to encumber the constitution with such useless provisions.
Mr. Mitchell asked to open the report to an amendment
providing that the 53d section shall be submitted to a
separate vote of the people, when, if rejected, it shall not
be part of the constitution. The section is as follows:
"No person shall be incompetent as a witness on ac-
count of race or color unless hereafter so declared by act
of the General Assembly. "
Mr. Rider called the yeas and nays, when 54 votes were
cast in the affirmative and 48 in the negative. So the
433


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 433   View pdf image (33K)
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