with the Governor the power to remit only in
cases where he is satisfied the prosecution originates
in malice and falsehood. If this can be
proved to the Governor, the same testimony will
prove it to the court and jury) and protect the
party there. But we know—experience has
taught us—that the Governor will act not upon
proof, but upon exparte representation—upon
political party representation. He alone is to
Judge when malice or falsehood instituted
the prosecution, and how is his judgment to be
impressed, but by individuals impelled by politi-
cal excitement and party prejudice? Every
case will be made ft case originating in malice
and falsehood, and thus your whole system be-
come practically a dead letter. Against this he
protested.
Mr. DIRICKSON replied that whatever might be
the opinion of gentlemen, in regard to this "cry-
ing vice," as it bad been styled, be was confident
that very many persons of the highest respecta-
bility and of sterling honesty, had mingled in the
scenes of political strife and partaken of its excite-
ment, and might have involved themselves in this
very "vice," perhaps rather from the necessity of
the case, than from any deliberate design to do
a wrong. Like the gentleman, he fully appre-
ciated the consequences of the evil, and earnest-
ly desired to see it wholly eradicated—and for
that very reason he urged the Convention to ap-
ply some appropriate remedy, not to attach the
punishment now prescribed, at which the very
courts would look with terror, and shudder to in-
flict. He never could accord with the opinion
that this offence was above or equal in grade to
the crimes of murder and arson and those of a
kindred character, and he never could agree to
establish any punishment—(more especially one
of so solemn a character as that now proposed,)
which neither time nor circumstances could mit-
igate or wipe away. Disfranchisement forever!
Let gentlemen pause—let them beware—behind
such a provision, if it can be executed, an abyss
lies open, into which many a noble, but thought-
less youth, under the influence of momentary impulses,
may fall and sink to rise in this world no
mote forever.
Mr. J. U. DENNIS reminded the Convention,
that it was committed to us to determine the ques-
tion of our fitness for self government, and that this
might be one of the last opportunities we may
have of proving our capacity for it. He ad-
verted to the effects of corruption on the Repub-
lics of Greece and Rome, and expressed his fer-
vent hope, that the time would never come when
the name of our country would be coupled with
theirs, in illustration of the brevity of republican
institutions. He trusted that America, the
place of his birth, would survive to the latest
period, and the people of after ages would pro-
nounce a blessing on the State of Maryland for
the successful labors of this Convention. In re-
ply to the suggestion that we are making the punishment
of bribery out of all proportion to the
enormity of the crime, he referred gentlemen to
the book, which they had read in their infancy,
about the choice between good and evil. The |
ballot-box was the greatest good we possessed,
and he asked gentlemen whether they were ready
to suffer its purity to be violated without some
effort to check the evil. The extent to which it
his spread if a sufficient reason to justify us in
laying a strong hand upon it at once. We have
been told that public opinion calls for the sup-
pression of this vice. He considered it as worse
than the leprosy, and expressed a hope that it
would be eradicated. Men who would deliber-
ately inflict a stab on the purity of the ballot-
box, he would mark with the brand of Cain, and
drive them with the lash of scorpions from the
pale of free institutions.
The question was then taken on the amendment
of Mr. RICAUD, and, by ayes 40, noes 31,
it was agreed to.
The question then recurred on the amendment
of Mr. RIDGELY (as to the pardoning power.)
Mr. GRASON said that the amendment of the
gentleman from Baltimore county proposed to
limit a power which was not yet granted. When
the report on the Executive department should
be belore the Convention, it would be the proper
time go into the consideration of this subject.
But at present there is no such power existing as
it is proposed here to limit. It will be time
enough to discuss this question when that report
comes up for action. Now, from the character
of the discussion, we seem to be about sliding
into a debate on the pardoning power, which may
occupy the time of the Convention for some days.
He hoped, therefore, that the gentleman from
Baltimore county would not press his amend-
ment at present, but let it be withdrawn until it
be in its appropriate place.
Mr. RIDGELY expressed his belief that this
amendment embraced the great object which the
people looked for, and that unless this provision
shall be inserted in the Constitution, they would
not vote for it. He did not consider it as obnox-
ious to the criticism of the gentleman from
Queen Anne's, it referred to an offence which
was sui generis, and entirely unknown to our
laws. The sense of the Convention seemed
to be that the pardoning power should not be
given to the Legislature or the Courts, but only to
the Executive, if it could be guarded in his hands,
by proper restrictions. He could not see that
there could be any better plea for the introduc-
tion of his amendment than that in which the of-
fence itself is deemed. He therefore could not
consent to withdraw his proposition for the pur-
pose of introducing it in the report to which the
gentlemen from Queen Anne's referred.
Mr. JENIFER. was of opinion that the objec-
tion urged by the gentleman from Queen Anne's
deserved consideration. There is a report on
our tables on the Executive department, and
that would seem to be the proper place for this
amendment to come in. It may be very proper-
ly grafted on that report. But as the amend-
ment of the gentleman from Kent. (Mr. RICAUD,)
limiting the disfranchisement to five years bad
been rejected, he should be against the withdraw-
al of the amendment at this time, as he thought
there should be an opportunity given to take the
sense of the Convention now on the question |
