to the conduct and opinions of members from the
Eastern shore on the subject of representation?
Why, sir, it proves just the opposite of that which
the gentleman assumed. It proves that four
counties out of eight cast their entire vote
for an increase of representation on the Western
and a diminution in the proportinate representa-
tion on the Eastern shore.
Again, the gentleman has said, that since the
"first day of the organization of the government
to the present time, there has been gross abuse
of their obligations by the appointing power."
Sir, I have personally known the gentlemen who
for the last forty years have occupied the chair
of State in Maryland; several of them intimate-
ly, and amongst them I have known as upright
and conscientious men as have lived in any coun-
try on earth.
Mr. BOWIE. The gentleman entirely mistakes
my argument. I said expressly, that when the
people of 1776 granted to their subordinate agents
the right to appoint judges, they never supposed
that they would be governed by mere partisan
feelings. I went on to say, that the whole expe-
rience of the State had shown, and I supposed
that every body would admit it, that the ap-
pointing power of Maryland had been influenced
by considerations of party feelinf. I did not sup-
pose that there was a man on this floor who
would deny this fact.
Mr. CHAMBERS. The gentleman seems to
have forgotten that in reference to the appoint-
ing power he used the strong expression, " cover-
ed with foulness and filth."
Mr. BOWIE. I said this and say it now. That
the appointing power being influenced by mere
party motive, was a base and filthy thing in my
judgment.
Mr. CHAMBERS. The Convention have heard
the original remarks of the gentleman and his
explanation. There I leave them.
Mr, President :—My sole purpose, in review-
ing those allegations, is to show that the argu-
ment of the important question, upon which we
are called to act, should be based upon other
grounds than such statements of opinions—that
they, in fact, prove nothing. The gentleman,
indeed, after alluding to them, admits this; and
properly enough says, we ought to give tone to
popular sentiment. We are here not as the mere
creatures of a particular party or class of men,
to be driven against our convictions by a supposed
current of public sentiment running in this direc-
tion, or ill that. We are placed here to perform
high and solemn duties—duties which are to af-
fect the interests, the security, the well-being of
society, in all respects and for all time. In dis-
charging these duties, the most sacred obligations
demand that we exercise our grave and deliberate
judgments. The responsibility we owe to the
community cannot be met by adopting a course
unproved by others; if it be not commended to
our own judgments by a conviction of its pro-
priety.
My object then, in alluding to the remarks, I
have noticed, is to express my humble opinion,
that such considerations ought not to disturb the |
operation of our minds, in coming to conclusions
upon this subject. There are, in my view, far
higher, greater and more important considera-
tions. According to my judgment there has not
been, there is not, nor will there be, any ques-
tion before this body, which can in any degree
be compared with this, in the magnitude, in the
extent, in the duration of its results and conse-
quences, for good or evil. I wish I could flat-
ter myself with the expectation of drawing the
attention of the House, to the views I would pre-
sent. I am sensible that very strong impressions
have been indulged by many, and equally sensi-
ble that these deep-seated and long indulged opin-
ions are hardly to be changed. Still I feel it my
duty to give the result of my best and most anx-
ious reflections.
In the discussion of this subject, I am quite
willing to follow the lead of the gentleman, who
has opened the debate, and commence with the
original, elementary, universally acknowledged
principle, recognized by the declaration of rights
as the doctrine of our fathers, and worthy of ac-
ceptance, for all the time, as the foundation of a re-
publican creed. The first article of that instru-
ment declares, and the whole Constitution as-
sumes, "that all government of right originates
from the people, is founded in compact only, and
instituted solely for the good of the whole." The
second declares, that the people ought to have
the sole and exclusive right of "regulating" and
controlling the government. No man in this
State, no one in this body, or ought of it, will
avow, as his own or propose to another, any
other political creed. All, every where, admit
the sovereign power of the people to control their
own government. Now what is the government
which the people can thus regulate? What are
its objects-what its designs? The error of the
gentleman's argument-a very common error-
is that the government is designed solely to pro-
tect the rights of the majority of the people, at
any given period. That is not the spirit of our
declaration of rights, not is it consistent with the
true theory of government. The doctrine of the
declaration-and the sound doctrine-is that
government is designed for the good of the
"WHOLE," not of a "majority." Government is
a system of restraints, not of indulgencies. Man,
without its restriants, is thrown for protection
upon his own strength; with no arbiter of his rights
but his own will and his own passions; and no
means to enforce them, but violence. Of course,
in proportion to his physical ability, there is
peril to the rights of those who are unable to pro-
tect themselves. The prejudices and passions of
men, excited and operated upon by motives of
intesest, ever have, ever will, and necessarily
must occasion conflicting opinions, with regard to
their rights and claims. Without government,
these conflicts must be determined by force; there
is no other appeal. The object of government is to
substitute, for this force, a system of rules or
laws by which all such conflicts may be deter-
mined; to establish an authority before such a
fair investigation can be had; and by which
means are devised to give effect to the decisions |
