raised by bonuses which had been put, by the
Legislature. upon bank charters, and from various
other collateral sources. That fund was distri-
buted by the resolutions of 1833, '34, according
to a fixed basis, among the various counties of
the State and the city of Baltimore. At that
time a large portion of the State, or at least some
portion of it, thought that the distribution should
take place according to the basis of white popu-
lation The Eastern Shore, the lower counties,
and many of the upper counties, thought that
as the fund had not been raised by taxation, there
was no reason why the distribution should take
place upon the basis of population. Anxious,
however, to compromise the matter, they agreed
that the fund should be divided—one-half ac-
cording to the basis of while population, and the
other half equally among the city of Baltimore
and the counties.
Ever since 1833, by various acts of the Legis-
lature, they would find that in all the counties of
the State, free schools had been erected and
created from this fund, and were now in success-
ful operation. He was really amazed and aston-
ished that the gentleman from Carroll county
[Mr. Brown,] should get up and advocate an entire
abolition of the free school system—just
when, in his own county, the legislature had
provided for the erection of free schools.
Mr. BROWN. Will this break it up?
Mr. Bowie. Certainly it will. The system
was now in full and fair operation, and now it is
proposed that this fund shall be withdrawn, the
contracts with teachers and for school houses
broken up, and a new system put into operation,
upon this strange notion that the frees school fund,
although not raised by taxation, but from colla-
teral sources, was nevertheless a public fund, and
ought to be distributed according to population.
The acts of 1833, '34, were passed as a compro-
mise Let that compromise remain forever.
Why should we make compromises to-day, to be
broken to morrow; more particularly when, upon
the faith of that compromise, they had obtained,
throughout the State, a most beautiful system of
free education, which he prayed Heaven, might
forever last.
In regard to the act of 1840, the amendment
of his friend from St Mary's proposed to engraft
upon the Constitution a provision to carry out
not exactly the precise terms of this act which
provided that the stock itself, should be divided:
but his friend proposed that the revenue arising
from the stock should he divided—not to break
up and divide the stock among the different coun-
ties, because that might leave the counties with-
out any one to control or manage the stock; or
at least the power of having the stock repre-
sented in such a manner as to control the manage-
ment of the companies, would be impaired He
therefore proposed to let it remain as it was, in
the name of the State, to be controlled by the
State directors, and that the revenues arising
from that stock should be distributed according
to the amount paid in.
The gentleman from Baltimore city, [Mr.
Brent,] proposed to alter this. He wanted to
44 |
break up this noble purpose, founded upon one
of the most benevolent objects that ever entered
into the human breast—he desired to break up
this beautiful system, and to have a re-appor-
tionment of these funds upon the broad basis of
population
Mr. BROWN desired the gentleman to explain
how it would break the system up ? The exist-
ing statutes would remain until they should be
repealed. He did not think any thing which
might be done by the Convention, could repeal
an act of the Assembly, unless it should conflict
with the Constitution.
Mr BOWIE said that the plan of the gentleman
from Baltimore city, [Mr. Brent.] looked to a re-
apportionment of the existing school fund, on the
faith of which the system of free schools in the
counties was now carried on, and if the funds
are withdrawn or in any manner diminished, the
present system must stop.
Mr, BROWN said that he did not say that there
would be little advantage to have it broken up
but that there was a decided advantage accruing
to one portion of the people of Maryland by it.
Mr. BOWIE said that if a re-adjustment should
take place, Carroll county, and nearly all the
other counties, would lose considerably—the on-
ly one to gain, would be Baltimore city. for even
the largest counties in the State have now more
than they would be entitled to on the basis of
population.
Mr. BROWN replied that he expected to take
care of his constituents. All they had to do was
to refuse to put into the Constitution a clause fix-
ing a principle, and thereby reflecting upon the
Legislature making now what was nothing more
than statute law—bringing up principles without
necessary investigation—doing injustice as clearly
as could be upon the face of it. He did not know
of any portion of the State, that was dissatisfied
with the law. He wished to leave the matter in
the hands of the Legislature. If the law should
not be repealed, the money would go to the coun-
ties as it heretofore had.
He had been accused of being in favor of
breaking up the beautiful system of education.
If the present system was to be shaken, it would
be done by the fact. that the gentleman from St.
Mary's had introduced his proposition, and the
gentleman from Prince George's, had advocated
it. The people of the State were satisfied with
the present apportionment; but he denied that
any Convention should put a clause into any
Constitution which carried upon its face, especially
in money matters, injustice. He should
vote tor his friend's [Mr. Brent's] proposition;
if carried, he should then vote against the
amendment as amended. He should vote to
keep out of the Constitution any thing in refer-
ence to this matter; for he believed this would
be much safer. He did not believe there was
any attempt to repeal existing laws, by the
larger counties, for no such bill of repeal could
pass the Senate.
He did not think any thing should be engraft-
ed on the Constitution which would do palpable
injustice. It: would tend to make the people |
