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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 115   View pdf image
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115

Mr. TUCK said he had no information on the
subject. He only knew from experience that,
without indexes, it was a matter of great diffi-
culty to find any thing that might be wanted
either in the journal or the laws. The same dif-
ficulty would be found to exist in regard to the
debates. He had offered the resolution, because
he understood that the committee on Printing
did not think that they had the power, under
previous orders, to carry out the design of the
resolution.
Mr. PHELPS, replying to the enquiry of Mr.
McHENRY, said that one hundred dollars was
about the sum paid for indexing the laws.
From this standard, the gentleman could form
some idea of the cost of the work.
Some desultory remarks and explanations
were made by Messrs. WEBER, BUCHANAN,
SPENCER and RANDALL, in favor of the resolu-
tion, and by Mr. McHENRY in opposition to it-
Mr. THAWLEY moved an amendment, which
was decided, by the President, to be out of order,
(and which will be found in the proceedings of
to-morrow. )
Pending the question on the resolution of Mr.
TUCK,
The PRESIDENT announced that the hour had
arrived for taking up the Order of the Day.
Mr. SPENCER moved to postpone its considera-
tion, until the pending question should have been
disposed of.
The question having been taken, the Conven-
tion refused to postpone.

BASIS OP REPRESENTATION.

The Convention, thereupon, resumed the con-
sideration of the following resolutions, submitted
by Mr. MERRICK, on the 11th of January, from
the committee on Representation:
1. Resolved, That it is inexpedient to regard fede-
ral numbers in fixing the estimates and basis of
representation, in the House of Delegates.
2. Resolved, That it is inexpedient to adopt a
principle of representation based exclusively upon
popular numbers, in organizing the House of
Delegates, or the Senate.
The pending question was upon the motion
made yesterday by Mr. GWINN, (as a substitute
for the motion of Mr. SPENCER, ) to recommit the
resolutions, with certain instructions.
Mr. GWINN now withdrew his instructions,
and said he desired that the question might be
taken on the simple motion to recommit, and he
hoped that that motion would prevail.
So the question was on the motion of Mr.
SPENCER, to recommit the report to the commit-
tee on Representation.
Mr. CHAMBERS, of Kent, asked the yeas and
nays on that motion, which were ordered.
Some conversation followed between Mr.
PRESSTMAN and the PRESIDENT, on a question of
order, after which
Mr. CHAMBER, of Kent, said he merely desired
that the Convention should adopt such a course
of proceedings, as would afford every gentleman
an opportunity of expressing a distinct opinion
upon the highly important question of represen-
tation. He wanted to avoid all side-blows —

every thing like throwing a veil over it — though
he imputed no such motive to any gentleman. Be
referred to the fact that gentlemen had taken the
stump, and that the public mind had become exci-
ted on this question of representation, simp); ac-
cording to numerical force, and submitted that it
ought to be settled. What the gentleman from
Baltimore city, (Mr. PRESSTMAN, ) had said about
the slave question, he, (Mr. C. ) applied to this.
Let it be fixed now, and fixed forever, beyond,
the hope of resurrection. The battle was to be
fought. We were told by gentlemen, who were
known never to back out from their position,
that the ground would not be yielded without a
severe and a stern struggle. The sooner, there-
fore, that the cloud passed over, (to use the lan-
guage of his friend from Carroll, (Mr. BROWN, )
who said many good things, ) the sooner we shall
see the sunshine. And he, (Mr. C. ) hoped that
every proposition would be voted down until the
Convention came to a direct question on the
adoption of the resolutions.
Mr. THOMAS said, that he had yesterday signi-
fied his preference for the mode of disposing of
this question. Reflection had but confirmed his
opinion. There were peculiarities connected
with this question, which belonged to no other
on which it would become the duty of the Con-
vention to act; because, in the apportionment of
representatives, would come the struggle for the
distribution of political power. In his judgment,
the Convention would be in a better frame of
mind for calm and mature action on all other
questions, if this struggle were postponed until
other matters had been disposed of. In this
judgment perhaps he might err. But, independ-
ent of these general considerations, there were
reasons which he signified the other day, and
which he need not now repeat, why the Conven-
tion should recommit this resolution. He still
pronounced it an abstraction. It was aside from
the main question, and whatever might be the
decision of the Convention, no result would be
produced. It did not require the Convention to
declare any thing affirmatively; it only declared
what the Convention would not do. It laid down
no rule; it prescribed no plan; and the Conven-
tion might go on, week after week, and month
after month, and yet not obtain a single tangible
proposition on which it could act. He earnestly
hoped it would be recommitted, and that the
committee would he permitted to take charge of
the subject. If they could not agree, let them
come into the Convention, say so, and be dis-
charged; and then, he hoped, that some gentle-
man would in his place here submit a projet.
Mr. TUCK said, he could not perceive how any
thing was to be gained by sending the resolutions
back to the committee, unless the Convention
should first express some opinion o« the subject.
They had been told yesterday that the commit-
tee could not agree on any plan. Suppose then
the resolutions were, recommitted. To what
end? What was the committee to do? They had
declared that they could not agree — they had all
said so. In his opinion the Convention should
either refuse to recommit, or should recommit
with some positive instructions.



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 115   View pdf image
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