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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 584   View pdf image
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584
Mr. CRISFIELD gave notice that on Monday
next, he should move to reconsider the vote of
the Convention on the article adopted in the re-
port of the committee on the Legislative depart-
ment abolishing imprisonment for debt.
PERSONAL EXPLANATION
Mr. BRENT of Baltimore, rose to a personal
explanation. He had noticed in No. 10 of the
Register of Debates that in some remarks made
by Mr. Crisfield, that gentleman made him (Mr.
B.) use this lanuage, to wit: that "he (Mr.
Brent,) thought that the true basis of represen-
tation was wealth and population." Now, he
wished his disclaimer to be entered upon the
Register of Debates, that he had never express-
ed any such opinion, as that population and
wealth were the two great principles upon
which the basis of representation rested. He
had not said this, but he did say that he went
for population and nothing but population as the
true basis. He had spoken of Southern Con-
stitutions, and had observed that taxation and
population went together; but, he repeated, he
had never advocated wealth as a principle of rep-
resentation.
Mr. CRISFIELD said the reporter is certainly
not responsible for the error, and he felt it due
to that officer to say so. His (Mr. C's) atten-
tion was called to the matter yesterday by the
gentleman from Baltimore city (Mr. Brent.)
His recollection was now that the gentleman's
argument was based upon population exclusive-
ly. He thought it quite probable that he (Mr.
C.) misapprehended or rather misstated what
the gentleman from Baltimore city had said.
His recollection was according to the gentle-
man's recollection. He (Mr. C.) did not intend
to misrepresent him, and very cheerfully cor-
rected the mistake.
REPORT OF THE COMMITTEE ON THE JUDICIARY.
The Convention then resumed the considera-
tion of the day, being the report submitted by
Mr. Bowie, Chairman of the Committee on the
Judiciary.
The question pending before the Convention
on yesterday being on the second branch of the
amendment offered by Mr. Crisfield to the 9th
section of the report-
Mr. RIDGELY moved to amend the first branch
of the amendment adopted on yesterday, by
adding at the end thereof the following proviso:
"Provided, nevertheless, that Baltimore coun-
ty court may hold its sittings within the limits
of the city of Baltimore, until provision shall be
made by law for the location of a county seat
within the limits of said county proper, and the
erection of a court house and all other appro-
priate buildings for the convenient administra-
tion of justice in said county."
Mr. A. said he had an amendment to offer
to the first branch of the 9th section of the
substitute, which, if now in order, he proposed
to explain. The amendment does not touch the
merits of the question, but simply has for its
object to provide against a serious difficulty in
which the section, as passed, involves Baltimore
county. The first branch of the section arranges
the judicial districts in such a manner as to de-
tach Baltimore county from its former connec-
tion with Baltimore city, and to unite that county
with Harford and Cecil as a judicial district.
This separation, demanded as it is by the mu-
tual interests of city and county, is I believe ac-
quiesced in by both delegations, yet we seriously
object to the union of Harford and Cecil with
Baltimore county, as a judicial district, regard-
ing Carroll county as the natural, and appropri-
ate association with Baltimore county for such
a. purpose. Many reasons, conclusive, in my
judgment, in favor of this opinion, might be
urged, but the classification of the districts be-
ing already decided, it is not now in order. My
purpose is a different one. The detachment of
Baltimore county from Baltimore city, and its-
union with Harford and Cecil, has put Balti-
more county out of the judicial district in which
its court house and present seat of justice are lo-
cated. It will be apparent, therefore, that hav-
ing no county seat or court house within our
county proper, that without some constitutional
provision we shall be left without any legal ca-
pacity to hold a court, until the legislature make
some provision to meet this emergency.
I have, therefore, prepared an amendment, to
come in at the end of the classification of the dis-
tricts, to meet the difficulty, which I now offer,
with the concurrence of the entire delegation
from the county.
Mr. CHAMBERS said he did not think this sub-
ject a legitimate one, to form a part of a Constitution.
He did not wish to interfere in the mat-
ter; it was local, it was true, and some provision,
he supposed, would be made for disposing of such
subjects as were not proper to form a part of the
organic law in their nature, in the form of a
schedule. He suggested to the gentleman from
Baltimore county the propriety of deferring the
subject to that end.
Mr. RIDGELY said, let it be now adopted; it is
true it is a local matter, but its adoption, or some
such provision, has become absolutely necessary,
by the arrangement made of the judicial districts.
It seemed to him that the Constitution having
produced this difficulty, it was peculiarly appro-
priate that the relief necessary should be provided
in the Constitution; he also thought he had of-
fered the amendment in the appropriate place,
being in immediate connection with the subject
proposed lo be amended,
Mr. HOWARD. Let the gentleman from Kent
begin with some other subject.
Mr. RIDGELY. Yes, this is too important to
the people of Baltimore county to be deferred,
and perhaps crowded out; besides, there is a
committee on the subject of arranging the details
of the Constitution under appropriate heads, who
will give this proposition a proper position, if it
should be found out of place in its present connection.

Mr. CHAMBERS remarked that he did not de-
sire to say any thing in relation to the particu-
lar question before the Chair, but the discussion
had brought into view a matter quite worthy of-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 584   View pdf image
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