Mr. SHOWER, in accordance with the notice
given by him on yesterday, moved to reconsider
the vote of the Convention rejecting the amend-
ment offered by Mr. FIERY, on yesterday, to the
second section of the report.
The PRESIDENT decided the motion in order.
After some discussion as to the correctness of
the decission of the Chair, which was participated
in by Messrs. MERRICK, BROWN, of Carroll,
PRESSTMAN, BOWIE, HOWARD, SPENCER and
TUCK,
Mr. SHOWER withdrew his motion, and re-
newed the notice of his intention hereafter to
move a reconsideration of the vote of the Con-
vention rejecting the amendment of Mr. FIERY,
on yesterday, to the second section
Mr. MERRICK gave notice of his intention to
move to reconsider the vote by which the Con-
vention struck oat the second section of the re-
port.
The question was then stated to be on agree-
ing to the substitute moved by Mr. DORSEY
Mr. DORSEY said, that he desired to submit a
few remarks upon his substitute. He entirely
concurred with the remarks made by the gentle-
man from St. Mary's, in his statement as 'to the
basis upon which representation had always ex-
isted in the State of Maryland. He believed,
after examining the subject, that previous to the
revolution, the counties had an equal represen-
tation, and since the Constitution of 1776, there
could be no doubt upon the subject. Territory
or population, without reference to numbers,
was regarded as the basis of representation until
the year 1836, and he agreed with the gentle-
man as to the principle upon which government
was founded—that it had been entirely upon the
expediency and circumstances of the case, to
which the principles of government were to be
applied, as to the nature of the government to be
adopted, and the condition and circumstances of
the people to be governed. As to founding government
upon the abstract principle of the ma-
jority, he did not think that it was ever adopted,
or ever ought to be adopted anywhere. It ought
to be the last principle to be thought of in the
State of Maryland, as a controlling, abstract
ground of action. It certainly was not the con-
dition upon which the corporation of Baltimore
was created. The Legislature, in 1796, which
granted a charter to the city of Baltimore, adop-
ted the true principle— that was, that in framing
this government for the city, they did not look
alone to population. It was seen at the time
that Baltimore would become a great city, and
they adopted the true principle, not merely ter-
ritory, but population also. This principle pro
vailed in Maryland until 1836 The principle
which then prevailed, was that territory, or if
you please to so call it, population without ref-
erence to numbers, should govern representa-
tion, and the number of such population, had
nothing to do with it.
It appeared to him that it was rather unkind,
not to say ungrateful, in some of the western
counties, now large in numbers, but formerly
small indeed, to desire to change the nature of |
representation after they had enjoyed all the
advantages which they had derived from the
smallness of their population, when compared
with that of counties much greater in population,
At one period St. Mary's was the great populous
county of the State, and enjoyed all the advan-
tages, and had the amount of representation
which properly belonged to the mother of coun-
ties in Maryland. When the other counties
increased, the Legislature created new counties
of them. For example, Frederick was divided
into three counties, Montgomery, Frederick, and
Washington. Thus, when a territory which
was large, so extended its population throughout
its limits, that it. became inconvenient that
it should exist under the government of one
county, it was divided. Afterwards, when it
was found that the territory and extended popu-
lation of Washington county, was inconveniently
great, it was divided, and a representation given
to it, not according to numerical population, but
according to territory or population without re-
gard to numbers.
After a county enjoying this privilege for
some sixty years, it appeared to him rather ungrateful
on her part, to come out against the
older counties, and say, although you have in-
dulged me with having the privilege of represen-
tation according to territory, or population inde-
pendently of numbers, and given me as full a
representation as the most populous county in
the State, nothing on earth will satisfy me, ex-
cept it be representation according to popula-
tion
But he did not understand them to go for the
abstract principle of representation according to
population. If they did go for that principle, he
could not see how it was possible for them to de-
ny it to Baltimore. He thought that representation
according to population was not the true
basis, and should not be applied to Baltimore,
Mr. D. then referred to the charier of the city
of Baltimore as originally created; and inquired
whether it made one corporate body, by which
one popular vote was to have been taken, and
the affairs of the city governed accordingly ? No.
sir. Even then it did not declare that repre-
sentation should exist exclusively according to
population, but that there should be a represen-
tation depending as well on territory as numbers.
Even at that day there were opposing interests
in the city of Baltimore, and it was divided into
eight wards, according to numbers, in such man-
ner that the interests of every portion of the city
should be fairly represented, so that they could
protect themselves against aggression. He
bought this principle was justly established, and
should prevail at the present day; that it com-
bined representation and population, giving an
opportunity to the minority to protect themselves,
by reason of territorial representation, against
the arbitrary will of the majority.
Mr. BOWIE inquired whether the charter had
ever been changed ?
Mr. DORSEY replied that although it had been
changed in some respects, yet this principle had
remained the same. |
