and hang the offender under the second section,
for we were now at work on that section.
He would go as far as any man, in inflicting
adequate punishment in all such cases, but he did
not desire to see the punishment so severe and
excessive, that juries would recoil from its in-
fliction and malfactors would escape.
Nor would he consent to lay down as proposed,
one undeviating, inexorable and unbending rule,
punishing all offenders for life, without any sort
of reference to the extenuating circumstances
which might exist in many cases. It is scarcely
possible that all would offend in equal degree, the
inexperienced youth, led away by designing men,
might be the victim equally with the hardened
offender. By the proscriptive terms of the sec-
tion as reported, every offender is to be disfran-
chised from voting or holding office for life, in
addition to other penalties. Is this just or con-
sonant to the dictates of humanity ? No mercy,
no forgivness for the repentant man, who by
years of moral conduct, may atone for youthful
crime. Mr. BRENT would not thus deprive a
man of every motive to become a good citizen,
but would think five years disfranchisement
enough. The old Constitution has disqualified
such offenders from holding office, and yet no
one has ever suffered under its idle restrictions.
Why is this so? Because the penalty is too harsh
and disproportioned for the offence. It is therefore
impossible to get up a prosecution or to convict,
under so penal a code, and this accounts for the
morbid feelings heretofore entertained by the
community as stated by the gentleman from
Queen Anne's, (Mr. SPENCER.) But he (Mr.
BRENT) would greatly prefer to avoid cumbering
the new Constitution with crude and sweeping
penalties. Let the whole subject of penal enact-
ment in detail, be referred to the Legislature
with a clear constitutional obligation imposed on
them to pass proper laws, punishing these crimes,
and disfranchising the offenders for such term as
might seem proper. He was opposed to this
convention wasting its time in such matters,
because to carry out such penal enactments
properly requires much detail; and our Constitu-
tion, instead of being concise and simple, would
become complex and voluminous.
Mr. RIDGELY said he hid opposed all restrictions
upon the elective franchise, and had re-
garded the punishment to be visited upon the offender
as the proper corrective of the evil. He
was prepared to vote for the amendment of the
gentleman from Kent, (Mr. RICAUD.) He
thought that the moral effect of the two punishments
would be the same; because the individu-
al would carry a brand upon him, whether the
punishment was limited or not. But he thought
that the section under consideration would not
accomplish the object. Convictions were want-
ed in order to deter others from the commission
of the crime. It had been said that there had
been convictions under the existing law, and that
the Executive had interfered to prevent them being
carried out. That was the very difficulty
which he feared, and to prevent which he should
offer an amendment, (which he read.) |
Some conversation followed between Mr
CHAMBERS, of Kent, and Mr. RIDGELY.
Mr. JENIFER expressed the hope that if any
such proposition as the gentleman from Baltimore
county, (Mr. RIDGELY,) indicated, was to be
adopted, he hoped it would be made to apply
generally or not at all.
Mr. RIDGELY then offered his amendment in
the following words:
Add at the end of the second section the fol-
lowing words;
" And over all such offences or the punishment
or disability imposed thereon, the Executive of
this State shall exercise no power or control."
Mr. SPENCER gave notice that at the proper
time he should offer the following as additional
sections to the report :
Insert after the 2nd section the following:
Section 3rd. That every person who shall be
elected to any office whatever, in said State here-
after, or who shall be appointed to any office
whatever, in said State hereafter, shall before he
enters upon the duties of the office to which he
may be elected or appointed, first take and sub-
scribe the following oath, (if not conscientiously
scrupulous, and in such case, affirmation,) before
some one of the Judges of the Court of Appeals
of this State:
1, —, do solmenly swear that I have not at
any election held in this State, since the ratifica-
tion of the new constitution of this State, or in
any other way, in any manner violated the pro-
visions contained in the 2nd section of the said
constitution relating to bribery, and that I have
not procured or induced by any means, any indi-
vidual or individuals to vote at any such election
in violation of the provisions contained in the 1st
section of said constitution relating to the age
and residence of voters, and if any person elect-
ed or appointed to office as aforesaid, shall re-
fuse or neglect to take the said oath or affirma-
tion, he shall be considered as having refused to
accept the said office and a new election or ap-
pointment shall be made as in case of refusal or
resignation; and any person who shall swear or
affirm falsely in the premises shall be guilty of
perjury, and on conviction thereof in due course
of law subject to all its pains and penalties.
Sec. 4. That the Judge before whom such
oath or affirmation shall be taken, shall cause the
same to be subscribed by the person so swear-
ing or affirming, in a book by him to be kept for
such purpose, a duplicate of which said oath or
affirmation as the case may be, he shall transmit
to the clerk of the Court of Appeals of this State,
with the name of the individual who took and sub-
scribed the same, designating the office to .which
he has been elected or appointed, to be by the
said clerk, whose duty it shall be to do so, re-
corded in a book to be kept for such purpose
among the records of the said Court of Appeals,
a certified copy of which said oath or affirmation
by the said Judge under his seal, or by the said
clerk of the said duplicate, under his seal of of-
fice shall be taken and received as evidence in
any of the courts of this State that have criminal
jurisdiction.
Mr. DORSEY, replying to Mr. SELLMAN'S ques- |
