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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 103   View pdf image
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103
This amendment was not now in order. The amendment of Mr. BRENT by ayes 26, noes 41, was rejected And the amendment of Mr. DORSEY wag rejected. Mr. DORSEY offered the following amendment: No person in this State holding any office or appointment under the constitution or laws of the United States, or any of the officers thereof, shall give, contribute or subscribe any sum or sums of money or other article of value, to be used in any electioneering canvass, or to be expended in any way, in relation to any election to be held under the constitution or laws of this State, or ordinances of the Mayor and City Council of Baltimore, and any person herein offending shall, upon conviction thereof, in a Court of law, be fined and imprisoned as from time to time may hereafter be provided by the Legislature; and be forever thereafter incapable of voting at any subsequent election, and of holding any office or appointment of any nature or description whatever, under the laws or constitution of this State, or under the ordinances or authority of the Mayor and City Council of Baltimore. Mr. DORSEY stated that it was matter of public notoriety that officers of the United States had been called upon to contribute to the expenses of the elections. Levies were made on them, which they complied with under the dread of losing their offices. He desired to extricate the United States officers employed in this State, from this state of things, by exempting them from these levies. He wished to prevent the United States government from thus interfering with, and cor-upting our State elections. The question was taken, and by ayes 40, noes 41 (after a second count) the amendment was rejected. Mr. DORSEY offered the following amendment : ' No person in this State shall himself or through the agency of others, receive, use or expend any sum or sums of money, or other thing of value given, contributed or subscribed by any person or persons whatsoever living out of the State of Maryland to be made operative in any electioneering canvass, in relation to any election about to be held under the laws or constitution of this State, or of the ordinances or authority of the Mayor and City Council of Baltimore; such person so receiving, using or expending, and each and every of his agents therein, upon conviction in a court of law shall be fined and imprisoned as the Legislature may, from time to time direct; and be forever thereafter incapable of voting at any future election of any nature or kind in this State, or in the city of Baltimore, or of holding any office or appointment under either. Mr. DORSEY explained that this amendment was intended to operate not only in the State, but on persona out of the State, and out of the United States. In former times, with what truth he could not say, we had heard of hundreds of thousands being expended by British manufacturers, for the purpose of destroying ours. He thought it right to punish any man who shall receive from any others, whether from Presidents of the United States, or of foreign countries, any sums of moneys for the purpose of bribing. Mr. MAGRAW moved (the usual hour having passed) that the committee rise. The motion was rejected. The question was then taken on the amendment of Mr. DORSEY, and by ayes 30, noes 43, it was rejected. Mr. STEWART, of Caroline, moved that the committee rise. The motion was rejected. Mr. DORSEY moved the following amendment; Or appointment under the laws or constitution of this State, or the ordinances or authority of the Mayor and City Council of Baltimore, or to vote thereafter at any election therein; and the person to whom such bribe, present, reward, promise or security may have been offered or given, shall be a competent witness to prove the offence, and may be compelled to testify as such, and if so testifying should he have received the same, he shall be exempt from all punishment therefor, and the person by whom such bribe, present, reward, promise or security may have been proffered or given, shall be a competent witness, and may as such be compelled to testify, and if so testifying, he shall be exempt from all prosecution or punishment for the offence by him committed; provided always, that such exemption from prosecution and punishment shall only be extended to that party who shall first appear before the grand jury to testify against the other party, and that neither party shall be compelled to give testimony unless protected from punishment by the exemption hereinbefore provided. Mr. DORSEY said it had been alleged, that it would be impossible to obtain a conviction in these cases, because of the difficulty of compelling one of the parties to testify against the other. Therefore, we proposed to exempt from punishment, the party which would first give testimony for the conviction of the other. Mr. CHAMBERS called for a division of the question (which was ordered) upon the first branch of the amendment, ending with the words "at every election therein." The first branch of the amendment was rejected. And the second branch of the amendment was rejected. Mr. DORSET then moved to amend said report by adding at the end thereof, as an additional section, the following: It shall be the duty of the General Assembly of Maryland to pass laws punishing with imprisonment as well as a fine, any person who shall remove into any election district of Howard District or Anne Arundel county, or into any ward in the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting therein at an approaching election, or who shall vote in any such election district or ward, in which he does not reside, except in a case provided for in the first article of this Constitution, or shall at the game election vote in more than one of such election districts or wards, or shall vole or offer to vote in any name, not his own, or in place of any


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 103   View pdf image
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