not dare to say that this was not a republican government
—yet it was not founded upon the doc-
trine of representation according to population,
absolute and unqualified—aye, not at all in any
of its departments. This principle was most decidedly
checked in the formation of the United
States Senate, and by the executive head in
whom was not only lodged the veto power,
but who was after elected by a minority of the
people, (wholesome checks! ) A true principle
needs no checks.
And furthermore, they were all aware that,
but lately, a mighty excitement had shaken the
foundation of this Union, to its very centre, until
every patriot heart began to quake with fear
that the hour of its destruction had come. Who
took part in that struggle? Democrats of Virginia
and South Carolina, and all over the South
--Democrats as pure and sound in the faith, as
any of the reform party in this halll And what
did they claim as a condition upon which they
would be willing to remain in the Union. That
some further check should be placed in the Constitution
of the United States, to protect them
from the power of the majority of the North.
Some permanent provision, that could not be altered,
which would guarantee to them the safety
of their peculiar interests and institutions.
Aye, if the dust of Calhoun could speak from
its honored resting place this day, (than whom,
one of the most ultra advocates of this theory of
the right of majorities to rule, on this floor, [Mr.
Brown, of Carroll.] thought no greater or purer
man ever lived,) if that dust could speak, sir its
language would be that this should be the only
condition upon which the South would mantain
the Union. We find, then, sir, that this principle
is not carried out in the formation of our national
government, and that leading democrats wished
to see it further checked and circumscribed in its
Constitution.
I will now attempt to show that it is impossible
to carry it out in any government whatever
What constitutes a man a representative. The
mere fact that he comes from a particular portion
of the State? Does this alone make him a
representative of the people, from whom he
comes? Certainly not--something else is necessary
to make him representative, besides the
fact of his being a delegate. He must represent
the opinions and sentiments of a majority of the
whole people from whom he comes. Is not this
a true definition of the term representative?
Then, though you establish this imaginary basis
of representation according to population, yet
under its practical operation, a Legislature might
be elected which, represented a minority of the
people—that though a large majority of the people
of Maryland are whigs, they might very often
have democratic Legislatures, about which
our democratic friends would never complain, I
am sure, though attained at the sacrifice of the
principle they seem to love so much.
For instance, suppose the political character of
the Legislature, at any particular time, should
depend upon the delegates from Washington and
Frederick counties. The whig ticket in Washington,
should be elected by four thousand ma- |
jority—the Democratic ticket in Frederick
should be elected by fifty; thus making the Legis-
lature democratic; yet if the whigs of the two
counties were added together, it would be found
that they were largely in the majority; thus se-
curing the ascendancy to a minority of the peo-
ple, not only in these two counties, but in the
whole State.
And again. Had gentlemen ever considered the
great disproportion between that part of the people
—the voters—from whom the elections pro-
ceeded, and the whole people! Where is the
principle, founded in right and justice, existing
in the nature of things, that required that no per-
son should vote under twenty-one years of age?
Where is the principle which excludes women
from voting? I know of none such. If there is,
I should like to see it proved and established.
Thus the representatives to the Legislature are
chosen by about one-eight of the whole people
whom they profess to represent under the opera-
tion of the purely abituary rules which prescribes
the qualifications of voters, by what right have
we to say that any Legislature, thus chosen, reflects
the sentiments and opinions of a majority
of the whole people. If women were allowed
to vote, there never would be a democratic Legis-
lature, for they, (God bless them,) are always
whigs. (Laughter.)
The very principles which lay at the founda-
tion of government, those which prescribed the
qualifications of voters, were purely arbitrary If
the foundation be arbitrary, you can raise no .
other than an arbitrary structure upon it. The
only fixed principle which should direct the formation
of government is equal protection to all
the intereats of every kind within the sphere of
its operation. Every other must give way to this
or it loses its republican character.
From what are we to gather the true princi-
ples of a republican government? From the reasons
and objects for which it is established.
These are index to and the best commentary
upon the character of its principles. The great
end, to be accomplished in the establishment of
a republican government, is the good and benefit
of all upon whom it is to operate, not for any
portion however great or small, but for the good
of all the people, and for the equal protection of
all the interests recognised by its institutions.
Any government that does not secure this sacrifices
the doctrine of equal rights and equal privileges,
and fails to carry out the purposes for
which it was established. If this can be done
under the operation of representation according
to population, as understood here by gentlemen
who advocated it, I should have no objection to
see it engrafted upon our Constitution. If this
principle can be carried out, and give, at the
same time, equal protection to ever part of
Maryland. I should vote for it with all my heart.
But how can this be done by the basis of repre-
sentation advocated by' the Reform party in the
Convention?
The rights to be protected and secured by government
are of, two kinds, the rights of persons
and the rights of property. The rights of persons
do not furnish the proper principle in ac- |
