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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 94   View pdf image
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94
enormity. And he thought that in pursuing it
with such cruel rigor, the Convention was in
imminent danger of carrying its fancied detestation
and horror quite too far. It seemed as tho'
gentlemen all round were running a Gilpin race,
seeking to elevate the political character, by the
application of a remedy that caused human na-
ture instinctively to shudder.
An additional amendment had been proposed,
which went so far as to deprive the Chief Exec-
utive officer of the State, of the power of par-
don upon convictions for this offence. What a
spectacle would such a constitutional feature pre-
sent to the world.
Murder, arson, larceny, crimes of all grades
and description, might in all their horrid array
stalk throughout the length and breadth of our
State. And yet for them all, there was pardon.
However devastating and demoralizing their in-
fluence. the clemency of the Executive was still
open. But for the man who dared whatever might
be the circumstances, to give or receive the most
trifling bribe, there was no mercy, no hope, this
side the grave. Like Cain of old, he must wan-
der the, world, bearing upon his brow the mark of
shame and the impress of infamy. Surely, gen-
tlemen would pause ere they gave their sanction
to such a measure; the consequences may be of
the most fearful character. Though the politi-
cal Cains might be few; yet because their deg-
redation and dishonor could not be wiped out,
they would inevitably, like other desperadoes,
become moral monsters—infusing their poison
into the very vitals of the body politic. Let us
be careful then, how we make unpardonable
crimes, lest those whom we make inhuman and
desperate, deal with us fearfully. The right of
suffrage is the exalted privilege of a freeman
and should not be lightly wrested from him.
If, then, you desire to destroy bribery, let the
punishment be modified, and made proportionate
to the offence. No jury (and he expressed his
gratification that such was the fact,) could be
induced to convict; the penalty absolutely vic-
timized—and therefore defeated the very ob-
ject sought to be obtained by its extreme and
most disproportionate severity.
Before the subject was finally disposed of, he
expressed the hope that gentlemen in their great
zeal to prevent bribery, would again consider the
propriety of prescribing some adequate punish-
ment to destroy the system of double voting, so
often alluded to in the beginning of this discussion.
He regarded this evil as far the worst of
the two. The man who deposits a series of
votes, defrauds a whole political community of
their rights, and destroys the very spirit upon
which our government rests, whilst the voter
who suffers himself to become the victim of bri-
bery, deposits but one ballot to which he is le-
gitimately entitled, and involves only himself
and his tempter. He expressed the confident
belief, that if the Convention was careful to pro-
portion the punishment properly to the offence,
the people every where would most cheerfully
co-operate in our labors, by strictly observing the
mandates of the Constitution and by seeking to
purify the elective franchise in every section of
the State.
Mr. CHAMBERS regarded bribery of voters an
crime of the greatest enormity, and one of
which no man who had a correct sense of honor
and of right moral principle, should be guilty.
He expressed his regret to see a spirit prevalent
in this body, which while it admitted the magni-
tude and mischiefs of the crime, obstructed the
adoption seriatim of each particular measure of-
fered for its correction.
We shall egregiously fail in our duty, if we
omit to insert in our Constitution gome provi-
sion effectually to arrest this vice, which is now
stalking abroad through the land, and has made
its appearance, as is said, into all classes and
circles of society, even amongst those who are
in all other particulars elevated in their moral
character and worth.
The vice of bribery could not be too soon as-
sailed and put down. The most effectual as well
as most prompt means to arrest it, ought to be
employed. He was willing to adopt any sugges-
tion, or any amendment, calculated to effect it.
To most of the suggestions coming from the gen-
tleman from Queen Anne, (Mr. SPENCER,) he
had no objection, but he was opposed to the
modification of the executive power as proposed.
The fact had been stated and was notorious, that
in former instances the Governor had interposed
his authority to shield offenders from punishment;
in some cases by nolle prosequi, to prevent trial,
and in others by pardon after conviction. Let
this be prevented for the future. In general it
might be well to leave some discretionary power
with the Governor to remit penalties for crimes,
but this should be an exception. It is the crying
vice of the times. The rapidity with which it is
spreading, and its pernicious and corrupting in-
fluence on the ballot-box, called for the utmost
certainty as well as severity of punishment. We
are now preparing for a fresh start in our politi-
cal history, with a remodeled and renovated
code of organic law; let us move off from the
beginning with a firm and decided purpose, to
frown upon any and every approach to this detestable
and mischievous practice, and thus en-
list the great lever of public sentiment against it.
Let us give the lead and the tone to that public
sentiment. The people expect us to arrest this
torrent of corruption, and will sustain us in our
efforts to do it. Those persons, if there be such,
of high and honorable feeling, who have in a
moment of excitement yielded to the example
around them so far as to participate, in some de-
gree, in this vice, will give a most attentive ear
to your solemn admonition. He believed most
firmly that those who bad been active in these
practices, would be among the very first to thank
us for a provision which will make it impossible
to continue such a course. They all perceive,
as every man must, the debasing, corrupting ef-
fects of this vice, and will be most happy to have
a reason and a motive on which they can place
their refusal, further to pursue a course which
their feelings and their conscience detest and
loathe.
It is said the modification is designed to leave


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 94   View pdf image
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  << PREVIOUS  NEXT >>


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