Mr. BISER said, he desired to make this State
more democratic than any other.
Mr. PHELPS said he did not Even the universally
acknowledged Democratic State of South
Carolina, would repudiate this doctrine, and he
had no desire that old Maryland should overleap
her in this particular. In order to effect the
slightest change in the Constitution of that State.
a bill providing for the proposed alteration must
first pass the General Assembly, and then be
submitted to the people to be voted for or against,
and if a majority of all the votes cast be in favor
of the proposed change, even then it must be con-
firmed by a two-thirds vote of the General Assembly
before it shall become a part of the Constitution.
This doctrine of effecting changes in the Con-
stitution by mere legislative enactment was even
in advance of "Progressive Democracy" itself,
and he had no desire to place Maryland in the
foreground in this respect.
Mr. STEWART, of Caroline, suggested, that as
whatever votes would be taken today would be
brought up anew to-morrow upon a motion to
reconsider, it would be well to pass over this
article for the present. He was decidedly in
favor of the introduction of an article requiring
a certain amount of territory for the formation of
a new county. The idea of county did not sug-
gest so much the idea of the population contain-
ed in the county, as the territory, wealth, &c.
If the article should be passed as it stood, after
filling up the blanks, as a necessary consequence
the city of Baltimore could be divided into some
ten counties because nothing was said about ter-
ritory. Frederick county could be divided by
making Frederick city and a portion of the surrounding
country one county, and the remainder
another; and so with the whole western portion
of the State as it should become populous and
thickly settled. When he could have time to
consider the necessary data, he should wish to
offer an amendment to guard against this result,
by providing certain territorial limits which any
new county should possess.
Mr. PHELPS regretted that the principal, of
territory had not been properly regarded, when
the apportionment bill was before the House,
for it will be recollected that that bill was bas-
ed solely upon population.
The representation is prosessedly arbitrary,
until the next census, 1860; but by referring to the
population and proposed representation of the
different counties, it will be found, that it ap-
proximates very nearly the ration of one representative
to every 6000 souls.
Mr, BISER inquired, why it was that no county
in Maryland should have less than two dele-
gates, if this principle was recognized?
Mr. PHELPS replied that there were no coun-
ties in the State, so small, but whose population
was six thousand and a fraction, over half that
number of souls, and would therefore be enti- |
tled under the apportionment bill to two dele-
gates, He believed that territory should be re-
presented on this floor; and he had so evinced
his opinion by all his votes upon the apportionment
bill.
The gentlemen from Caroline, for the first
time, so far as he knew, now insists upon terri-
tory being properly regarded in the formation
of new counties. He would not pretend to say,
how the gentlemen from Caroline, had voted in
reference to this question, heretofore; that was
a matter with himself and his people at home.
But he would say, that the majority upon this
floor with whom that gentlemen usually acts,
hail determined to disregard territory entirely,
and to base representation, hereafter, solely up-
on population.
He was glad to perceive the gentleman evinc-
ing a disposition, to retrace his steps upon this
question, and now to affix the requisite amount
of territory, which should hereafter entitle new
counties to one or more representatives in the
House of Delegates, of Maryland.
He regretted exceedingly, however, that this
new light had not sooner have dawned upon us,
and this principle sooner recognized and made
uniform throughout the State.
Mr. STEWART said that he had voted not to
give full strength to territory, and at the same
time not to give full force to population. But it
was evident that fixing the basis of representation
was a very different thing from fixing the
terms of the creation of a new county. He con-
sidered a county to be erected for the convenience
of the people, not so much in relation to
their influence in the halls of legislation, as to
their business transactions. It would be an in-
convenience to have but one court of justice in
the whole State of Maryland. Witnesses and
jurymen being paid a mileage for attendance, the
taxes would be greater, while the inconvenience
would be enormous. The county would be
formed upon principles to remedy these evils.
He would here say, lest he should be thought
afraid to express his sentiments, that he was in
favor of representation according to population;
and that his vote was not so much the expression
of his own opinions, as the expression of the
opinions of the constituency represented by him.
If he could convince them that nothing need be
feared from the increasing population of the city
of Baltimore, he would tell his constituents that
they ought to give a representation according to
population. He feared not to be trampled upon
by the city of Baltimore. He would dare the
people of the Western Shore to cross the bay,
and trample upon the rights of the eastern coun-
ties. Was there not yet, in the 19th century,
sufficient independence in the people of the Eastern
Shore, to repel any invariance of their
rights? Their rights had never been trampled
upon. It had been said that they were taxed to
build up internal improvements. He would ask
the gentleman from Dorchester, who it was in
1836, or thereabouts, that advocated internal
improvements. |
