tion as to convictions, &c., stated that it had
been the customs of the courts to invile the atten-
tion of the grand jury to the subject of bribery
and corruption, in relation to the elective franchise.
The difficulty had not arisen in getting
cases before the grand jury, nor from the fact
that the offences could not he abundantly proved;
but from the fact that the grand jury would not
find bills, because so many persons were inn-
plicated, and it was believed that more injury
would result from prosecuting any person, than
from leaving him unpunished.
One word in answer to the statement of his
colleague, (Mr. SELLMAN,) an to nine-tenths of
his constituents being pure and unapproachable.
If there was one-tenth of the voters in Anne
Arundel county, who could be approached in this
way, it was the duly of the Convention to adopt
the most energetic measures to prevent bribery
and corruption. Bribery was of modern origin.
It was not yet at its maturity; but if his sources
of information were to be relied upon, bribery
would be committed on a much more extensive
scale in a few years. He thought Anne Arun-
del might be as pure as she had been represented.
The means of corruption were perhaps not as
extensive in that county as might be required.
He had heard less complaint of bribery in the
city of Baltimore, than perhaps in any other por-
tion of the State of Maryland, either on the
eastern or western shore But he did not attri-
bute that state of things to the fact that the peo-
ple of Baltimore, mure than the people of any
other portion of the State, were beyond the
reach of corruption. He thought there was a
much more natural reason; and that was that
there were so many voters—the merchantable
commodity was so great—(laughter)—that it
would be utterly ruinous to any party to supply
the means of corruption. It would be almost an
evidence of insanity to attempt it; and he spoke
of both parties alike, because it was known that
each party was disposed to retaliate upon the
other.
The same might be slid of Frederick, and the
larger counties. Both parties were afraid to
commence the system. In the smaller counties,
where there was but a comparatively small material the
system might be exercised successfully.
As to Anne Arundel county, if he could credit
the statements of those who were most trust-
worthy frauds did exist to a considerable ex-
tent. He had heard many enquiries, both by
whigs and democrats, whether this Convention
was going to do any thing to prevent and punish
those frauds. That was the great question which
this Convention had to settle. If they did not
settle that, they scarcely need do anything.
Such was public opinion.
He contested the position which had been as-
sumed, that if severe penalties were imposed
they would not be enforced. He believed that
if they resorted to the proper measures, these
frauds could be prevented.
He read the clause of the Constitution and stated
frankly that he had never known a conviction
under this clause, nor of a violation of it. The |
framers of that instrument had no idea that this
vice would exist, as it now existed; they only
provided for the case of the officers them-
selves, because they did not anticipate any exten-
sive system of bribery. They proposed, there-
fore, a very limited remedy; in fact, no remedy
at all, for the evil as it existed at the present
day. So long as both parties continued this sys-
tem, and until such punishments were prescribed
as would deter every body from the perpetration
of the crime, nothing would be expected. In his
opinion, murder, arson, burglary, theft, were
venial offences in comparison with this. The
consequences of these crimes were comparative-
ly nothing; and if the system was not put an end
to, by the most stringent measures, it would con-
tinue so long as the government could, undersuch
circumstances endure. Audio do nothing would
be equivalent to saying, that the Convention was
willing that the evil should continue. He had
been twenty-five years on the bench, and some
fifty years at the bar; and he was satisfied that
if such provisions as lie had proposed were car-
ried out, the government was safe; if not, every
thing was lost.
Mr. GWINN reminded the gentleman from An-
ne Arundel, that the severe punishment provided
for by the gentleman from Kent, (Mr CHAM-
BERS,) would not, of necessity, effect the purpose
for which it was designed. Formerly, in England,
shoplighting and many other minor offences
were punishable with death; yet, in spite of
this, such crimes multiplied to an incredible ex-
tent. The peril incurred seemed to dignify the
crime, and it would be the case here. It was
the great glory of Sir Samuel Remilly, that he
introduced provisions in which some proportion
was observed between the offence and punish-
ment. The Convention might imitate him; for
although a fraud upon the elective franchise is
a serious evil, yet it is certainly not as danger-
ous. whether occurring in fewer many instances,
as those crimes which imperil the peace of soci-
ety and the safety of human life. Lesser penal-
ties would accomplish the same end. A Jury
could not be found to convict men, who, in tunes
of high parly excitement, had o'er leaped prop-
er bounds, if the punishment was so excessive.
Mr. SPENCER offered the amendments which
he had before indicated his intention to submit.
He did so in order that the Convention might
have the whole subject before it. They could
come in at the proper place.
The amendments were read.
Mr. SPENCER resumed, expressing his belief
that these amendments if adopted, by the Con-
vention, would effect the object of reaching all
those individuals who were either candidates for
office, or who aspired to become candidates here-
after. He referred to his remarks of a previous
day when he indicated his intention to propose
these amendments, and to the reply of the gentleman
from Kent, (Mr. CHAMBERS,) that the
committee had come to a conclusion in accord-
ance with the spirit of these amendments, and he
was authorized to put them in the form in which
they should be presented to the Convention.
The proposition of the gentleman from Kent had |
