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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 621   View pdf image
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621
ion—that which related to motions to re-con-
sider—the gentleman from Kent (Mr. Cham-
bers) had moved the same order some time ago,
and it had been rejected.
Mr THAWLEY. Well, I should like to see
the gentleman produce it. I understand that
there is no such order.
Mr CHAMBERS, of Kent. I will send the
book to the gentleman, (Mr. Thawley,) and he
can look for it.
Mr. THAWLEY. Let the gentleman look .for
it himself. He can find it in much less time
than I can.
The PRESIDING OFFICER, (Mr. Brown, pro
tem.) said he would intimate to the gentleman
from Caroline, (Mr. Thawley,) who had intro-
duced the proposition, that the latter branch of
it could not be entertained without one day's
notice previously given. The first branch of
the proposition was in order. The second
branch of the proposition was not in order, in
the judgment of the Chair, because one day's
notice was required.
The latter part of the order was thereupon
withdrawn.
And the question was then taken on the first
branch of the proposition, and decided in the
affirmative.
So the first branch of the proposition was
adopted,
THE SCHOOL FUND.
Mr, BISER rose to call up the motion which
he had made on the 17th of April, (but the con-
sideration of which had been postponed,) to re-
consider the vote of the Convention upon the
proviso submitted by Mr, Brent, of Baltimore
city, on the 9th inst., to the 43d section of the
report of the committee on the Legislative De-
partment of the Government; which said pro-
viso was in the following words;
"Provided, That the said funds shall be dis-
tributed so as to return the proportions respec-
tively paid in by each county and Baltimore
city, and the residue to be distributed equitably,
according to the white population of this State,
for purposes of education,"
The Convention thereupon proceeded to the
consideration of the said motion.
And the proviso was read.
Mr, BISER proposed to say a few words, and
only a few, and he thought he could, with some
little propriety, throw himself upon the indulg-
ence of the Convention, for a very short time,
inasmuch as he had occupied but little of the
time of the Convention. It was not his purpose,
at this late stage of the proceedings, to enter
into a minute investigation of the origin of the
School Fund, or the manner in which it had
been distributed, but simply to state the reasons
by which he was actuated in moving the recon-
sideration, It was the first motion of the kind
he had made during the present session. And
he was governed by several reasons. In the
first place, he believed the amendment of the
gentleman from Baltimore city, Mr. Brent, to
be right, being as follows: "Provided, the said
funds shall be distributed so as to return the
proportions respectively paid in by each county
and Baltimore city, and the residue to be dis-
tributed equally according to the white popula-
tion of this state, for purposes of education."
This he, Mr. Biser, believed to be right in
principle. In a free government, not only the
burthens should be equally borne, but "like the
dews of heaven, should descend alike upon all."
He had ever believed that the School Fund
should be distributed, without discrimination,
from thd heights of the Alleganies to the shores
of Worcester, among the white population, from
the fact that it was only that class of the com-
munity who derived any benefit from it. This
was a doctrine he had ever advocated, not only
in the social circle, but through a career—hum-
ble, it was true—but not very short, nor alto-
gether uneventful. He had advocated it upon
the hustings in his own county, and upon the
floor of the House of Delegates, time and again.
Lights of reflection and years of experience had
satisfied him that it was right in principle. He
believed it was in accordance with the wishes of
his constituency—a constituency that he had
represented so frequently, and now had the
honor again in part to represent. It was con-
genial to his own feelings. He had yet another
reason to offer for having made the motion to
reconsider. When the vote was taken the other
day, the Convention was thin, and many gentle-
men absent; there were now present some who
desired to vote one way, and others another;
and now an opportunity was offered to every
gentleman to vote according to his best judg-
ment. But he had still another reason: although
it might seem selfish, yet to him it was very im-
portant. The vote he had cast when the subject
was last up, was done under misapprehension.
His vote was given in the negative, when,
had he properly comprehended the question
about to be taken, he would have voted in the
affirmative. His mind being absorbed at the
time with some other subject, he did not unders-
stand the effect of the vote he was giving.
He desired, then, under those circumstances,
to be put right on the record, and right also in
the register of debates, in order to show that he
had not changed his opinion in regard to the
measure he had ever advocated. True, his vote
had not defeated the proposition—for there were
only I in favor of Mr. Brent's amendment, and
51 in the negative. Having said thus much, he
was willing to abide the decision of the Conven-
tion, He had now, he repeated, placed himself
right, having shown that he had not changed his
views, for he was still, as he had ever been, the
advocate of the distribution of the School Fund
according to the white population in the state.
He might have said much more, but he could
not have said much less to place himself right.
The PRESIDENT announced that the hour had
arrived for proceeding to the consideration of
the order of the day.
Mr. HOWARD. I want to lay the whole sub-
ject on the table, and if the Convention will per-
mit me, I will make that motion.
Mr. BISER. I will renew the motion, if the
gentleman will give way, as I wish to make a
few remarks.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 621   View pdf image
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