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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 93   View pdf image
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93
been presented, and it appeared to him not to go
far enough to effect the purpose. A more stringent
oath would be necessary, and in other re-
spects, he considered that proposition as less ef-
fective than the amendments he had now offered.
He then went on to compare the proposition
of the committee as presented by Mr. CHAMBERS,
with the amendments he had just read
and to show wherein he thought the defects of
the former were supplied by the latter.
He proceeded to state that the people every-
where were looking to the Convention to adopt
measures, for the greater security of the right of
suffrage, and he had offered these amendments
to show the earnestness and sincerity with which
he sought the same object.
He was conscious that the amendment he had
offered, yesterday, to the proposition of the Com-
mittee restricting the power of the Governor as
to the remission of punishment for bribery, was
received by some unfavorably, because he had
introduced a qualification providing that the
Governor should be clothed with the power of
remission in cases where the prosecution was
false and malicious. In his experience, howev-
er, he had known cases of this character, and
that juries had sometimes rendered their verdicts
under the influence of party feelings. He was
willing, therefore, to deprive the Governor of the
power of entering a nolle prosequi, or granting a
pardon in these cases, except where he was sat-
isfied by sufficient evidence that the prosecution
was malicious or untrue. He was not willing
to entrust these cases to the jury, or to the Le-
gislature, but he would confer this power on the
Governor, who was more likely to act with
deliberation, and to remit the punishment on
being satisfied that malice and falsehood were at
the bottom. In such cases he was unwilling to
take from the offender every chance of restoration
to his position in society.
Mr. MITCHELL said he rose with very great
reluctance, but as lie differed from his colleague
and felt conscientiously bound to support the
amendment, he wished to state the reasons which
induced him to do so. It was well known that
in all the counties there was a large proportion
of poor men. Poor men have very large fami-
lies generally. (Laughter.) it is the practice
among those who desire to help this class, and to
stand well in their neighborhood, to give out
corn about the months of June and July. I know
that about that time the corn-houses are thrown
open, and as the natural effect is to give them
popularity at home, if they should chance to be
candidates for office, the people of that neigh-
borhood would usually vote for them. Now, if
any malicious individual should lay hold of this
circumstance, he might bring these gentlemen
into Court, and by a jury picked by political op-
ponents, they might, notwithstanding their known
popularity would have elected them. without any
such act of liberality, be convicted under this sec-
tion, as it had been reported, and be forever dis-
franchised. He could not make a speech, be-
cause he found he was getting frightened here.
(Cries, "go on, go on.") Mr. MITCHELL I can-
not do it.
Mr. DIRICKSON said, that the spirit of harmo-
ny which now seemed to manifest itself in every
quarter upon this subject, must be regarded as a
most happy change, and one highly gratifying,
alike to the Convention and the entire commu-
nity. Scarce a week had yet elapsed since the
fiercest battle had been waged against every pro-
position, designed peculiarly to purify the elec-
tions of the city of Baltimore, and to wipe away
forever, the stain of fraud, so frequently and so
gravely charged. Then it seemed impossible to
effect any beneficial remedy. Gentlemen trembled,
lest forsooth, the liberty of free suffrage
should be fettered by some slight restriction,
and however wholesome such restrictions were
shown to be in their purifying tendency, the re-
sult had shown bow willingly the responsibility
had been avoided. Such, however, was not the
feeling, and caution now exhibited upon the sub-
ject of bribery, an evil supposed mainly to exist
in the various counties of the State, rather than
in its populous towns and cities. Developments
and admissions had been made most humiliating
to our "State's pride," and he warned those who
were making such unhappy confessions, that
"A chiel's amang us takin' notes,
And faith he will print 'em,"
and that their degrading aspersions would there-
fore go forth, telling fearfully against the purity
of their constituency, and the integrity of our
noble State. That this political disease might
exist to some extent, it was unnecessary to deny;
but, surely, it was not yet in that exaggerated
form which the heated fancies of political moral-
ists had induced them to imagine. He had from
boyhood, mingled freely with his fellow men,
and though he regarded the evil of bribery as
baneful in its effects, he could not yet consider it
as a great political cancer, devouring the body
politic, and requiring so fearful a remedy as that
now proposed for its suppression. The great
object of all punishment was to prevent the com-
missions of crime, by imposing and awarding such
pains and penalties as would be justified by the
character and heinousness of the offence. In this
view he asked whether the terrible punishment
specified in the amendment of the gentleman
from Kent (Mr. CHAMBERS,) was in just propor-
tion to the character and criminality of this evil
practice. It might be that the elevated position
which that distinguished gentleman had so long
occupied, with such signal ability, had prevent-
ed him from visiting the hustings and mingling
in the exciting scenes that ever, from the very
nature of our government, surround the polls.
Then under the influence of intense party feeling
and in the midst of great strugglings, men with
the most unblemished moral character and the
most spotless integrity, might almost impercep-
tibly be hurried into the commission of deeds,
which, however improper, could scarcely under
all the circumstances, be denominated even by
the strictest moralist as highly criminal. He
could not for an instant, concur with the honor-
able gentleman from Anne Arundel, (Mr. DORSEY,)
ranking this evil as above the high
crimes of murder, and arson, and larceny, in its


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 93   View pdf image
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