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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 422   View pdf image
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422
He objected to such a provision on another
ground—which was, that we already had in particular
counties ample funds for the purpose. It
was so in Queen Anne's. Mr. G. explained the
operation of the school system there—and showed
that a school house was built in every primary
school district—by taxes levied upon the peo-
ple residing in such districts, and with their con-
sent. Would a county so situated be willing to
adopt a general school system by taxation, in ad-
dition to what they had already borne, for the
purpose of educating children in the different
parts of the State?
There were other objections, of considerable
force, which struck his mind in reference to the
various propositions of the gentleman from Cecil.
He, (Mr. G ,) had already pointed out such as
he considered the main objections. The others
were subordinate. The Convention must decide
which of the two amendments it would take.
He was satisfied that the proposition of his col-
league covered every inch of ground that ought
to be covered; and, he repeated, that if it had
any defect atall, it was that it restricted the Le-
gislature too much. He believed it a matter of
high importance that salutary restraints should
be imposed on the Legislature, but the Conven-
tion should take care not to go so far as to incur
any danger of arresting the operations of the
Government. He thought it would be better to
be satisfied with the proposition as it stood.
Mr. CONSTABLE made some observations to
shew what were his views on the subject of the
power which ought to be confided to the Legisla-
ture with regard to appropriations. His remarks
will be published hereafter.
Mr. GRASON made some remarks which will
be published hereafter.
Mr, MERRICK remarked that he did not rise to
inflict a speech. The Convention had already
listened to-day, to speeches from two able and
learned gentlemen, and he thought that with the
lights which had been shed upon the question by
them, and by other gentlemen in the course of
the general debate, the Convention must now be
ready to vote. He, therefore, demanded the pre-
vious question.
Mr. BOWIE requested the gentleman from
Charles, [Mr. Merrick,] to withdraw the de-
mand, to enable him, [Mr. B.,] to say a very few
words. He would, if required, renew the mo-
tion.
Mr. MERRICK acquiesced.
So the previous question was withdrawn.
Mr. BOWIE said, he had intended to take no
part in this discussion, and to content himself with
giving a silent vole But, in looking over the
proposition, he found its phraseology to be such
as would prevent him giving it his support.
He took it for granted that the Convention, on
all sides, was pretty well united in desiring to
prohibit the Legislature from running the State
into any great public debt. That was the main
object in view. In accomplishing this end, the
Convention should take care to use no language
which would prevent the Legislature making ap-
propriations that might be absolutely necessary
to defray necessary expenses, or for any other ne-
cessary purpose. The Statehouse, as had been
suggested, might be burnt down; and it would
cost sixty or seventy thousand dollars to rebuild
it. So with the Penitentiary—the Maryland
Hospital—the asylum for the Deaf and Dumb-
er the Blind Asylum. All these were public
property, and large sums of money would be re-
quired to re-build them. Great principles of
public policy, of benevolent and philanthropic
action, were involved in these establishments,
and they should not be left to suffer. Yet, ac-
cording to his view of both the propositions, all
these objects would be entirely defeated, unless
they fell within the limit of the one hundred
thousand, and the fifty thousand dollars.
Another objection to the phraseology of the
amendment of the gentleman from Queen Anne's,
[Mr. George,] was, that the Legislature should
not appropriate money for the use of individuals,
&c. Now, if the proposition was adopted in
this form, the Legislature could not appropriate
one cent to the payment of a claim no matter
how just it might be. Surely, the Convention
did not intend any such thing. He was sure that
his friend from Queen Anne's could not entertain
such anidea. And yet, under the proper, legal
construction of the amendment, we must come to
this conclusion.
Why should we lay a tax at the same time that
we raised a sum of one hundred thousand dol-
lars ? It might be wanted for the purposes which
had been indicated by the gentleman from Queen
Anne's, and there were others which he, [Mr.
B.,] could designate. Why not allow the State
to borrow the money upon the general credit of
the treasury, without laying a tax? It could be
done, and it seemed to him that there was no ne-
cessity for laying a tax when we raised one hun-
dred thousand dollars, any more than there was
when we desired to raise fifty thousand dollars to
meet a deficit in the treasury.
He was willing to impose all proper restric-
tions upon the Legislature. He would not au-
thorise them, under any circumstance.", to lend
the credit of the state to private associations or
companies, or for works of internal improve-
ment, But he thought that the Convention had
gone as far as the public safety demanded or
public policy required, when they had reached
that point. Nor did he believe it requisite to
specify the objects for which these appropria-
tions should be made. The necessity of a spe-
cific grant was not the same with a State
as with the federal government. He was wil-
ling to specify the prohibitions, but could see no
necessity for a specific grant of powers. He
thought the proposition of the gentleman from
Cecil, [Mr. Constable,] in this respect, went too
far.
He, [Mr. B.,] had drawn up as amendment,
which it seemed to him, would accomplish the
objects aimed at by both these propositions, di-
vested of the objections he had indicated. It was
not now, he believed, in order, but he would
read it as a part of his remarks.
Mr. B. read the amendment.
Mr. MCLANE invited the gentleman from
Prince George's, [Mr. Bowie,] to give his view


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 422   View pdf image
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