—the first law of nature—would justify the coun-
ties in preventing this.
Gentlemen will tell me and this honorable
body, that the counties will be protected—that
they are willing and ready to yield territorial re-
presentation in the Senate, and that by permit-
ting the counties to retain the control in that
branch, they would be able to protect themselves
upon every question. Sir, I admit this; believing
as I do, that territorial representation in the
Senate, will form a part of any compromise that
may be adopted But give the city a majority in
the popular branch; then, although she could not
pass laws of an oppressive character, without the
consent of the Senate, she would have the power
of vetoing any law that might be asked for by
the united voice of all the counties. I have none
other than the best feelings towards Baltimore—
I am not here to aid in depriving her of her rig ts
—but I am unwilling to trust her with the veto
power. Representing the county I do, I could
not. be ignorant of the fact, nor can I close my
eyes to it, that if Baltimore had had the power,
she would have prevented the completion of the
Chesapeake and Ohio canal—the door of egress
for the vast mineral resources of my mountain
county; and that too after the State had invested
in it millions of dollars by her advice, consent
and aid; and which investment must have forever
remained unproductive, if the work had not been
completed. Her veto would have been interposed
to prevent the completion of that "real enterprise.
and the heavy burdens of taxation would have to
be borne without even the hope of ultimate re-
imbursement. This, sir, I need not say is a fact
in the past history of the State; and as a dele-
gate of Allegany, I cannot forget that fact. I re.
peat, sir, that the first law of nature justifies the
counties in urging the exception against Balti-
more.
Gentlemen upon this floor have told us, that
unless we give Baltimore full representation, we
will perpetrate an outrage upon popular rights.
the like of which has never been seen anywhere
in a free representative government. If, sir, we
examine the Constitutions of the various States of
this broad Union, we will find restrictions and
exceptions in most of them—restrictions of one
character or another. It is only my purpose to
show, that in other States, in which are large
cities or cities having the prospect of becoming
large, the same apprehension has been excited,
and restrictions have been imposed.
By reference to the Constitution of the State of
Maine, we will find that representation in the
House is by towns, upon the basis of qualified
electors; but with this restriction—"No town
shall ever be entitled to more than seven repre-
sentatives"
In Rhode Island, under the Constitution of
1812, lhe representation in the House is by towns
on the basis of population, but with this restric-
tion—"no town or city shall have more than
one-sixth of the whole number of members'
The compromise of the gentleman from Wash-
ington, proposes to give Baltimore one-seventh
of the whole number.
in Louisiana, under the Constitution adopted |
in 1846, the Senate is based upon population,
"Provided, that no parish shall be entitled to more
than one-eighth of the whole number of Sena-
tors. " The number of Senators is limited to
thirty-two. "In all apportionments of the Sen-
ate, lhe population of the city of New Orleans
shall be deducted from the population of the
whole State, and the remainder of the population
divided by twenty-eight and the result produced
by this division shall be the senatorial ratio, enti-
tling a senatorial district to a Senator." With-
out this restriction, New Orleans would be en-
titled to nearly one-fourth of the Senators.
Mr. President, I have now travelled over the
ground I have marked out. I have at least satis-
fied myself that the proposition submitted by the
gentleman from Washington, is a fair compi'o-
mise, under all the circumstances. I have noth-
ing more to say.
Mr. GWINN said:
The gentleman from Anne Arundel, (Mr.
Dorsey,) asserted that the delegates from the
city of Baltimore maintained a theory of repre-
sentation at variance with their own municipal
government. If the remark had been founded
upon fact, there would have been no inconsist-
ency in the position. For since our char-
tered rights and privileges are prescribed by le-
gislative acts, we could not be responsible for any
illiberality which they may exhibit. But I am
indebted to the error of the gentleman for a plain
legislative sanction of lhe theory.
He asserted that our City Council was itself
a body constituted upon a basis of an arbitrary
character, A recurrence to the acts dividing
the city into wards for local purposes, would have
satisfied him of his mistake. The acts of 1796,
1817, and of 1844, expressly enjoin that the wards
shall be made, as nearly as possible, equal in
population, and that they should be laid off in
straight lines. If there ever was. therefore, a
perfect illustration of the good effects of this
iheory in practical operation, it is supplied by
the instance he has given. In both branches of
lhe Council, the theory of numbers prevails to
the fullest extent. And, as if to meet the argu-
ment that fractions of population are unrepresent-
ed in such a system, we have, superadded, a
power in the Mayor to veto the action of the
Council. The result is, that if from any chance
the Council should not represent, the aggregate
majority of lhe community, the city executive,
who must represent it, has the power to keep it
in check, unless it is able, by an increased vote
in the Council itself, to indicate, theoretically,
that it does represent in opinion a full majority
of the whole communisty.
Having, I trust, freed our city from this charge
of inconsistency, I shall proceed to lhe discussion
of the question, properly before us—which is the
plan offered by the gentleman from Anne Arun-
del. In his argument, he laid great stress upon
the sacred character of the compromise as it is
termed, of 1836. I confess toat I am surprised
to note a departure in his project from an essen-
tial element in that arrangement,—I mean fed-
eral numbers, then solemnly recognised as a pro- |
