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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 426   View pdf image
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426
ing considered hostile to the great cause of edu-
cation. On that subject he had a zeal always
warm. He would, if he could, send a ray of in-
intelligence—that Promethean fire from Heaven,
to illumine every darkened mind on earth.
Some explanation here took place, as to the
construction of the amendment of the gentleman
from Queen Anne's, [Mr. George] as amended
by the gentleman from Montgomery, [Mr. Davis,]
whether it gave an unlimited or merely limited
power to the Legislature, to appropriate the pub-
lic money for the purposes of education.
Mr. PRESSTMAN thought that the construction
or' the amendment by the gentleman from Queen
Anne's, [Mr. Spencer,] could not besustained.
He here read the amendment, and commented
upon the limitation? contained in it, so far as the
one hundred thousand dollars was allowed in the
first branch, for certain objects, and fifty thou-
sand dollars allowed in the latter branch, to sup-
ply a temporary deficit. It was undoubtedly the
object of the gentleman from Montgomery, and
so avowed, that appropriations, for educational
purposes, should be the exception to the opera-
tion of these restrictions as to amount. Most un-
questionably, such was the clear and manifest
reading of the amendment as adopted. He de-
sired to make a single remark upon the expe-
diency and justice of the proposition, in the view
which he had stated.
The maintenance of a public school system in
this state, to further the great objects of educa-
tion, found no greater advocate than himself
But, sir, what sort of a system is best calculated
to produce the end in view, with justice to all,
may well admit of doubt. He was admonished
by the past, that in the distribution of the school
fund, a due regard was not had to the relative
population of the counties and the city of Balti-
more. As for the past, perhaps, that was beyond
remedy, but he protested against the power to
impose taxes upon the people of the State, where
an unfair distribution was likely to follow. Here
is an effort to introduce a State system to be sup-
ported out of the general treasury. To this
theory, in whole or in part, first and last. he was
utterly opposed. Let each county and city levy
taxes lor the support of their own public school
system. While Baltimore city had contributed,
by a lax on the bank stock of corporations, situa-
ted within its limits, and owned almost exclu-
sively by her citizens, a very large share of the
school fund, she receives in return a mere pit-
tance. Her present school system was one of
great cost to the inhabitants of that city but she
did not seek legislative aid. The precedent once
set, would be a dangerous one, of endowing
schools and colleges throughout the State. Those
who are now here struggling to secure some ac-
knowledgement of the rights of the majority,
could hardly be expected to place the Treasury
of the State, swelled by a new system of taxation,
under the control of the representatives of a
small minority of the people of the State.
Mr. BROWN said, he should vote for the motion
of the gentleman from Frederick to reconsider.
He believed there was a committee on educa-
tion; and it would be better to postpone this
whole subject until we have a report from that
committee. The amendment removes all restric-
tion from the Legislature Under it they may
borrow money; and he could, not agree to the
imposing of a tax for the support of a system of
education. The county of Carroll had raised a
fund of from fifty to sixty thousand dollars as a
school fund, and had just put the schools in op-
eration. And he could not consent to give pow-
er to the Legislature to apply the money out of
Treasury and even to go so far as to create a new
debt for the purpose of establishing a system of
education. He knew it was a popular move-
ment, but it was a dangerous one. The subject
was new, and started suddenly on the Conven-
tion; and we ought not to act hastily upon it.
Let us first pay off our debt before we go into
new expenditures. He could not go for a splen-
did school system. He was for educating the
children, as they were in Carroll There was
an academy at Carroll, which was the worst
managed of all the schools
Mr. SPENCER said, he intended to vote for the
motion of the gentleman from Frederick to re-
consider. He felt himself compelled to vote
yesterday for the amendment proposed by the
gentleman from Montgomery as he found it, be-
cause he thought that the modification as it pre-
viously stood, excluded the power to make an
appropriation for education. The section tied
up the Legislature from making appropriations
for the benefit of individuals, so that no individ-
ual could be educated nor schools supported by
public appropriations. He was not willing to
tie up the hands of that body, so that no appro-
priation could hereafter be made for education.
He would prefer now that the motion of the gen-
tleman from Frederick should prevail. Not be-
cause his mind had undergone any change, as to
the legal effect of the amendment. On the con-
trary he was of the opinion still, that it would
not bear the construction given it by the gentle-
man from Frederick. There was no unlimited
power given to the Legislature by this amendment.
It would bear no such construction. He then
read the section as it stood, with the amendment
of the gentleman from Montgomery, and stated
his own view of the proper construction which it
warranted.
There was a limitation to the amount of one hun-
dred thousand dollars, to any appropriation which
could be made, and that appropriation the Le-
gislature could apply for any purpose, except for
the restraining clause which follows, which expressly
leave them the power to appropriate for
education. The true meaning of the section as
amended is that the Legislature shall not have
the power to create any debt above one hundred
thousand dollars, except to supply a temporary
deficit in the Treaasury of fifty thousand dollars,
or to provide for defence in time of war or in-
surrection It was limited to three specific ob-
jects. But as there was a difference of opinion
as to the construction of the motion, he was wil-
ling that it should be reconsidered to be made
more clear, by an amendment he intended to
offer.
Mr. THOMAS insisted that if the gentleman


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 426   View pdf image
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