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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 439   View pdf image
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439
ties, and were recognized as such by the Consti-
tution under which we now live. As communi-
ties, they are entitled to a separate and distinct
representation in the Senate and House of Dele-
gates of the State. Geographically, they are
separate and distinct from each other, and have
separate jurisdiction. They have also different
and dissimilar interests, and the economy of the
government has provided for it a representation
in the legislative department of the same. Some
have an agricultural interest of a grain growing
nature; others, that of tobacco; and others have
interests combining agriculture, mining and
manufactural; and Baltimore city an interest
purely manufactural and commercial. The arts
and sciences are dispersed throughout the State,
and like precious jewels in the hands of owners,
having an intrinsic value wherever they be at,
but susceptible and subject to change of location.
From these different interests and sources, the
State derives her revenue, and the people gain a
livelihood, amass wealth, and obtain trade.
These are the interests which demand our fos-
tering care. and therefore, should be distinctly
represented in the Legislature of our State.
Mr. D said that his amendment contained a
principle which had been the fixed policy of
Maryland from the year 1650 up to the present
moment. That principle is county representa-
tion. He was sure this was no strange theory—
no heterodoxy—but a well known fact, and a
principle which has been tenaciously adhered to
in all times past, and should be, in all times to
come. These " civil divisions," known as coun-
ties, were carved out of the territory of the colo-
ny, and erected by "orders in council," and of
the proprietary's Governors, and were deemed
as separate and distinct communities, and entitled
to a separate representation. But two counties,
Allegany and Carroll, derive their existence from
the present government of the State, and they
were formed out of the territory of other counties,
but with the free and full consent of all parties.
Two others, Washington and Montgomery, were
erected out of Frederick county by the Convention
which formed the Constitution in 1776. All the
rest derive their origin from quite a different
source, and far anterior to the present government
of the State. A notable fact which he would recur
to, although known to all in this Convention, but
which will grate hard upon the ears of some, is,
that from their first introduction to about the
year 1824, they lived in perfect peace, harmony
and contentment, and until demagogues com-
menced their work of mischief among them, they
were recognised as equals, regardless of the dif-
ference in territory and population which have
always existed, to 1836 the Legislature of that
year. whose arts in relation to a change in the
Constitution will prove a curse to the counties in
all future lime, yielded to the principles and de-
mands of demagogues, and stamped upon the
counties of this State the abominable heresy of
political inequality. That year will ever be
looked upon and held in memory, as the begin-
ning of our downfall. By the change effected
then in the Constitution, the smaller counties
were robbed of their just rights in the election of
Governor, and also of their just right in the lower
branch of the Legislature. These invaluable
rights, and that just equality which were secured
to them in the compact of government entered
into in 1776, are now lost and can never be re-
gained. The apology given for this yield of
power by the smaller counties was, that it was
for the sake of peace and to allay excitement."
But the receivers, having tasted of it then, are
still unsatisfied and their desire for more have
become insatiable. Our strength having been
impaired by the loss incurred then, and party
feelings and selfishness begetting in us divisions
now, we are much weakened in our capacity to
resist further aggression. Can we indeed suc-
cessfully resist it?
Mr. D. said, this county system now extant,
was introduced in our mother country as far
back as the ninth century, and has for its author
the same distinguished law-giver who established
trial by jury. It has been well tried by the or-
deal of time, and found to be substantial and in-
valuable. One of its great virtues was political
equality; and fluctuations in population and
wealth, did not disturb its equilibrium. In it
there was no room for complaint, emulation and
strife, and political jealousy had no existence
among them. From this wholesome example,
this county system was established in this coun-
try in all of the colonies, and has remained to
this day; but in some States its worth has been
greatly impaired, by the rash hand of innovation.

Mr. D. adverted to the situation of the coun-
ties of this State in 1774, at which time, he said,
the proprietary's government ceased to have ef-
fect. The proprietary's Governor, although re-
maining in the colony, yet he was powerless, and
the government had not the ability to sustain itself.
The people were incensed against the mo-
ther country on account of acts of oppression,
and were at that time openly engaged in making;
preparations for revolt. Yet, the proprietary's
governor was unable to surpress insurrection and
did not dare to attempt it.
He contended that whenever a government
ceased to have power to inforce itself, it. had no
longer existence He said the Convention which
assembled in 1774, had no authority under the
government then existing; but it was the creature
of the people, and the result of their sovereignty.
Upon the fall of the old government, all the
rights and powers of the people yielded up in its
establishment, reverted back to them, and again
they possessed the freedom and ability to form a
new government. The counties then being separate
and distinct communities, with well estab-
lished lines of demarkation as to territory, and
accustomed to rights and powers, separate and
distinct from each other, elected, each one for
itself, "a committee of observation," to whom
was intrusted the internal management of its af-
fairs. Under this new mode of government they
continued separate and distinct from each other,
until called upon by the "sons of liberty," to
unite in holding a Convention on the twenty sec-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 439   View pdf image
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