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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 193   View pdf image
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193
He indulged the hope now more than he
did in the early stages of the proceedings, that
a majority of this Convention would be found
favorable to radical changes in the legislative
executive and judicial branches of the Govern-
ment. There have already been adopted many
salutary provisions—among them, restrictions
of the most wholesome character, respecting
the debt-contracting power, which in times past
has been the fruitful source of abuse. The fears
of the slave-holding interest have been quieted
by a guaranty of constitutional protection; im-
prisonment for debt abolished, which will
guard the honest mechanic and tradesman
against the delusive expectation that the fear
of imprisonment compels payment of debts,
when ninety-nine times in a hundred cases, ex-
perience demonstrates that a discharge under
the insolvent system robs them of what was
due to their toil. By this provision an unfortu-
nate class of sufferers, generally the least culpa-
ble, however small in number, are protected
from the ignominy of confinement in the com-
mon jail.
The sentiment of a vast majority of this body
is undoubtedly in favor of an elective judiciary
for a term of years; election of clerks and
registers by the people, and indeed, almost, if
not every single reform promised, will be suc-
cessfully carried through if this vexed question
is satisfactorily settled. Will it not be deeply
humiliating if the Reformers, holding the power
of effecting so much, should permit this golden
opportunity to pass unimproved? He would not
speak harshly of the course of any gentleman
—it was not his province; but this much he was
bound to say, that if the Reform party fail to
carry out their views by the disaffection of but
a few of their number, heavy would be the re-
sponsibility of those who refuse to join the
common brotherhood of Reformers.
He was not prepared to yield up all the meas-
ures he had enumerated, even if they be proper-
ly considered of minor importance, unless repre-
sentation according to population was obtained.
It is conceded on all sides, that a provision for
the call of a Convention at stated periods (per-
haps every ten years) will be inserted in the
new Constitution. That is a great concession,
and the means of effecting in the future, re-
forms for which public sentiment in some sec-
tions of the State is not yet ripe.
He had stated that he would vote against the
proposed amendment of his colleague (Mr.
Brent,) to give twenty four Delegates to the
City of Baltimore. Every one would under-
stand his motive, which was to continue to act
in concert with the great body of Reformers,
from whom alone any increase of the Baltimore
Delegation could be obtained. On the side of
his friend, he thought would be found not more
than three voles. When that proposition was
offered, the test would be applied of the
sense of this body; and these would be precip-
itated, but the vole of a portion of the Balti-
more .Delegation. He could not, for his life,
perceive the policy of such a course, though he
doubted not the sincerity or uprightness of his
colleague's motives. The whole aspect of
25
such a proceeding wore to him the appearance
of a romantic chivalry; he would not say that
it was Quixotic. Why, sir, did not his friend
well know that of the only four Democrats
who voted against Mr. Fiery's proposition, two
of them were mainly opposed to it, because of
the increase given to the Baltimore Delegation?
To resist that amendment or one similar in prin-
ciple, must end in the total defeat of a Consti-
tution acceptable to the people whom we rep-
resent. Are we to turn Ishmaelites and wage
war upon every principle of compromise?
Mr. BRENT, of Baltimore, explained. He had
over and over again stated that he came there in
no spirit to refuse to compromise, but to advocate
a compromise upon some fair, just, and honor-
able principle. He would say that so far as the
Senate was concerned, he was willing to adopt
a territorial basis, and he thought that was a fair
and liberal compromise in reference to repre-
sentation,
Mr. CHAMBERS conceived that the gentleman
(Mr. P.) had done him injustice in class-
ing him among the anti-Reformers. He was
no anti-Reformer, being in favor of certain
measures of Reform, although he did not advo-
cate all the changes which were proposed.
Mr. PRESSTMAN resumed. He thought he
understood his colleague's position. He did not
charge him as the opponent of all compromise,
but he did understand him ashaving, early in this
body, avowed an unwillingness to compromise
upon basis of the House of Delegates, which at
least was, practically speaking, the only ques-
tion upon which a compromise was mooted; the
basis of the Senate no one seemed disposed to
impeach.
Did not his colleague say that he would not
vote for any proposition to increase the repre-
sentation of the City, unless by a rule which
would operate alike throughout the State, or
which by the same rule would make any dis-
tinction arbitrarily against the City. He was
free to say that he did not see much difference
between opposing all compromise, and demand-
ing terms, which three-fourths of the whole
body would oppose.
As it respects the reiterated avowal of the
gentleman from Kent, (Mr. Chambers,) that he
was not an anti-Reformer, he could but repeat
that which he had before said, that no form
of words, no cavil, no splitting of hairs could
change the substance of things as seen and
judged by candid men,
He (Mr. P.) had before given his definition of
a Reformer, which he thought might save any
difficulty as to any apprehension of its being ap-
plied to the gentleman from Kent, or any of
those voting with him on the question of repre-
sentation. There may be many gentlemen in
favor of changes in the Constitution, who do
not style themselves, or are they known in this
Convention as Reformers, which term embraces
in the popular acceptation, no man who is in-
favor of upholding the present system of rep-
resentation, or who opposed Conventional Re-
form ? He would now add an example to his
definition. The gentleman from Kent, (Mr.
CHAMBERS,) had submitted a report to adopt the


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 193   View pdf image
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