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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 99   View pdf image
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99
rule (of which no notice was requisite) pending,
that amendments might be offered, &c.
After which,
On the motion of Mr. BROWN,
The pending proposition was informally laid
upon the table, to enable
Mr. SOLLERS to offer the following resolu-
tion:
"After report from the committee of the whole
the article shall be again subject to be debated
and amended before the question upon its pas-
sage shall be taken."
The resolution was adopted.
Mr. BROWN moved that the Convention resume
the consideration of the proposition of Mr.
GWINN, with the pending amendments.
Some conversation followed, after which,
Mr. BRENT, of Baltimore city, offered the fol-
lowing order:
Ordered, That so much of the 17th rule be re-
scinded, as prevents new amendments being or-
dered after the call for the previous question
shall have been sustained; and be it further or-
dered, that all rules which allow this Convention
to resolve itself into committee of the whole, be
rescinded.
Mr. RANDALL suggested that an amendment,
made to the rules the other day, provided for this
very thing.
Mr. BRENT explained wherein he considered
the two propositions as differing from each
other.
Some further conversation followed.
Mr. BRENT then moved, (according to the re-
quirement of the existing rule,) that the rules be
suspended to enable him to offer the resolution
But he withdrew the motion, and intimated that
he would offer the resolution to-morrow morn-
ing.
On motion of Mr. BROWN,
The Convention resumed the consideration of
the resolution offered by Mr. GWINN, and of the
pending amendments.
Mr. RICAUD withdrew his amendment, desig-
nating the hour of one, as the limitation of time,
(that hour being already passed.)
The question was then taken on the substitute
of Mr. MCHENRY, and it was adopted.
And the resolution of Mr. GWINN, thus amen-
ded, was adopted.
THE ELECTIVE FRANCHISE.
On motion of Mr. BROWN,
The Convention proceeded to the orders of the
day.
And the Convention resolved itself into com-
mittee of the whole, Mr. BLAKISTONE in the Chair,
and resumed the consideration of the report of
the committee on the elective franchise.
The pending question was on the amendment.
offered yesterday by Mr. DORSEY to the amend-
ment of Mr. RIDGELY.
The amendment to the amendment, by yeas
28, nays 34, was rejected.
And the amendment, by yeas 25, nays 34, was
rejected.
Mr. FOOKS offered the following amendment:
"After having taken an oath (if not conscien-
tiously scrupulous, and in such case, affirmation,)
that he has not received, and will not receive
any fee of reward for his vote at said election,
and that he has not given or offered to give, and
will not give or offer to give directly or indirect-
ly, any fee or reward to bribe, or assist in bribing,
or influencing any voter at said election, or
to induce any person not to vote at said elec-
tion."
The question was taken and the amendment
was rejected.
Mr. KILGOUR offered the following amend-
ment :
Insert in the second section, seventh line, after
the word "same" the following: "And any per-
son who gives or causes to be given an illegal
vote, knowing it to be so, at any election, to be
hereafter held in this State."
The amendment was agreed to.
The question now recurred on the amendments
offered yesterday by Mr. SPENCER, as the third
and fourth sections to the Report. (See pro-
ceedings of yesterday.)
Mr. MCHENRY expressed a hope that the Con-
vention would not consent to embody what was
almost an entire code of laws in the shape of an
amendment to the Constitution. He would not
make any objection to the principle contained in
this proposition of the gentleman from Queen
Anne's. The details into which it had been ex-
tended were very suitable for a law. But he
hoped they would not be admitted here. The
provisions of an organic law should be general,
plain and unmistakeable. if, following this ex-
ample, we are to engraft in the organic law, all
the details which would he necessary in a legis-
lative act for the punishment of murder, larceny,
and all the other classes of crimes, we shall never
get through the labor before us. All that we can
do, all that is proper for us to do, is to insert
general provisions, leaving it to the Legislature
to fill up the details. It is for us to consider the
purpose for which we are sent here, and to carry
out the wishes of the people; and unless we do
this, they will reject the Constitution when pre-
sented to them, and all our work will fall to the
ground. If there was one antipathy which was
felt by the people stronger than any other, it was
against any restrictions on the right of suffrage.
This was a privilege which the people had a
right to delegate to as few persons to exercise,
as they might think best, as in other countries it
is entrusted to a limited number. But so jealous
are they of this power, that they will not be satisfied
with any thing less than its most ample enjoyment.
Every restriction on this right is there-
fore to be avoided.
At an earlier period of the session, he had of-
fered a provision prescribing a short residence in
the district; and he had intended to follow it up
with another making the election districts small-
er, so that the voters in each district may be well
known to each other. This, he thought, would
be the best way to prevent fraud, and would be
the only safeguard to the right of suffrage. Hav-
ing withdrawn that proposition, and finding that
numerous motions to restrict the privilege had
been since offered, he would now give notice that


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 99   View pdf image
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