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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 88   View pdf image
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88
position of the gentleman from Baltimore city,
(Mr. BRENT,) which, however, Mr. R. with-
drew.
Mr. SPENCER expressed a hope that the amendment
of the gentleman from Baltimore county
would not be adopted. To give authority to re-
mit the penalty in a place like the city of Balti-
more, where, in times of high party excitement,
the offence would be the most likely to be com-
mitted, would be to open the door to its frequent
repetition. It was necessary that the punishment
should be severe and certain. He would
be willing to abate a little from perpetual dis-
franchisement. But he was opposed to leaving
the punishment within the reach of remission.
Mr. RICAUD moved to amend the amendment
by inserting the word "for the period of fire
years," after the word "election," in the last
Mr. CRISFIELD said, that as the distinguished
gentleman at the head of the committee was ab-
sent, as it was near the usual hour of rising, and
as he (Mr. C.) thought that in deference to that
gentleman an opportunity should be afforded to
him to be heard on the several pending proposi-
tions, and in defence of his own—he (Mr. C.)
would move that the committee rise.
The motion having prevailed, the committee
rose and reported progress.
And the Convention adjourned until to-morrow
at eleven o'clock.
TUESDAY, January 21st, 1851.
The Convention met at eleven o'clock.
Prayer by the Rev. Mr. GRIFFITH.
The roll was called. A quorum was present,
and the Journal of yesterday was read and ap-
proved.
Mr. ANNAN presented a petition of sundry
tanners and dealers in leather, praying that no
change maybe made' in the inspection of leather.
Which was read and referred to the Commit-
tee on Inspections.
Mr. DAVIS presented the address of the Primary
School Convention, to the people of Maryland,
signed by John S. Tyson, Esq., and others.
Which was read.
Mr. D. remarked that there was a large
amount of important and interesting statistical
information contained in the address, and that
the committee had very considerately printed a
large number of copies, which would be laid en
the table of members to-morrow morning.
Referred to the Committee on Education.
Mr. SPENCER laid before the Convention an
account of James T. Wootters, clerk to the levy
court of Queen Anne's county, for information
furnished the Convention under their order of
December 2nd.
Which was read and referred to the Commit-
tee on Accounts.
The PRESIDENT announced the regular order
of business to be the call of Committees for Re-
ports.
There being no reports—
The Convention, on motion of Mr. MCMASTER,
passed to the order of the day.
THE ELECTIVE FRANCHISE.
The Convention thereupon resolved itself into
committee of the whole, Mr. BLAKISTONE in the
chair, and resumed the consideration of the re-
port of the committee on the elective franchise.
The state of the question was as follows:
Mr MERRICK had moved to amend the
second section of the report, by inserting in the
third line after the word "thing," the following,
"to induce any voter to refrain from casting his
vote, or forcibly to prevent him in any way from
voting, or," &c.
Mr. BRENT of Baltimore city, had moved
to amend the section by striking out from the last
line thereof, these words, "or to vote at any elec-
tion thereafter."
And Mr. RICAUD had moved to amend said
section by inserting, after the word "election,"
In the last line, the words "for the period of five
years."
Mr. BRENT of Baltimore city, expressed his
willingness to adopt the proposition of Mr. RICAUD
limiting the operation of the clause to the period of
five years. But he, (Mr. B.) lave notice of an
amendment which be intended to offer as a substitute
for the whole section, is it was amended.
Mr. MERRICK slid he hoped the amendment to
his amendment would not prevail. In our sympathies
for the victims of crime, we were prone
to forget the great object of punishment. It was
a fault in our nature, though a fault which "leans
to virtue's side." Men exercising the high func-
tions for which this Convention had assembled,
should not yield to such impressions. The great
object of punishment was Its example upon society
— its effect in purifying and elevating the
moral tone of that society. All punishments
should be so framed as to have the greatest ef-
fect upon that moral tone; to preserve it pure, if
it could be so, and to punish with a heavy hand
all those who would attempt to pollute it. Indi-
vidual sympathies should not be listened to, when
the public good required that punishments should
be inflicted. Vengeance, it was true, did not be-
long to man—but in the spirit of justice, and not
of vengeance, he would act. He referred to the
many cases in which every appeal which human
sympathy could make had addressed itself to the
hearts of some of the best and purest men that
had ever lived, and yet where justice had been
sternly executed. And he instanced particularly
the cue of Major Andre. Mr. M. called upon
the Convention to imitate the example of the
Father of his Country in that case.
Here was a crime which struck at the vital
principle of all republican governments; and although
gentlemen of good hearts might feel re-
luctant to inflict exemplary punishment upon
those who committed it, yet, if the public good
required it, that punishment should not only be
severe, but should be inexorably meted out.
He referred to the condition of public opinion
as evidence of the light estimate in which this
crime of fraud upon the ballot box had heretofore
been held) and the necessity of infusing a new


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 88   View pdf image
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