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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 68   View pdf image
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68
Pennsylvania has adopted the basis of taxable
inhabitants, which while I do not approve, would
equally entitle Baltimore city and Western Ma-
ryland, to the same or a greater proportion of
political influence than if we assume the basis of
numbers. Every Southern State has at least, in
the lower or popular branch of the Legislature,
recognised population alone, or population and
taxation together, as the true basis of represen-
tation, and so with the Western States.
The quotation of the gentleman from Alle-
gany, from the Constitution of Louisiana, is un-
fortunate, as it expressly recognises population
as the exclusive basis for the lower house.
Here Mr. WEBER called Mr. BRENT'S atten-
tion to the fifteenth and sixteenth articles of the
Constitution of Louisiana, in reference to the ratio
for the Senate, and
Mr. BRENT remarked, that even if the princi-
ple were not applied to the Senate of Louisiana,
it was immaterial, as it was adopted for the other
branch of the Legislature, which is what I am
now claiming; but I disagree with the construc-
tion placed on these articles, even in regard to
the Senate; because the deduction of the popula-
tion of New Orleans, from that of the whole
State, and the division of the remainder by twen-
ty-eight, is only to find a ratio for senatorial dis-
tricts, and New Orleans being districted like the
rest of the State into parishes, there is, as I un-
derstand it, no exclusion of New Orleans, from
equal representation in the Senate; but let that
pass, even if it were so in the Senate. If other
Constitutions are to be looked to, the preponderance
of authority in favor of my principle is
both overwhelming and immense.
Mr. PRESSTMAN. Do I understand my friend
to say that upon examination of the Constitution
of the Southern States, he has discovered that the
basis in the House of Delegates is population, or.
where that does not apply, population and tax-
ation ?
Mr. BRENT I am not denying the federal basis.
Mr. PRESSTMAN. I desire you to say whether
you will state, that upon examination you find
the basis in any southern State is population
alone, or where it is not that, population and
taxation.
Mr. BRENT. I will give my friend the data
upon which I make my statement, (here Mr. B
read his data.) If there ie error you can point it
out.
Mr. PRESSTMAN. White population, to the
exclusion of negroes, is the basis in all the south-
ern States, except in North Carolina and South
Carolina, in which latter State the basis is white
population and taxation combined. The gentle-
mail from Kent is mistaken in supposing that a
federal basis has been assumed in the southern
States. On the contrary, the white basis has
been taken in all the southern States, except in
the two instances enumerated. I read from the
Constitution of South Carolina, to show that in
that State the white basis is the only basis ex-
cept so far as it is connected with taxation.
Mr BRENT resumed. My friend, with all de-
ference, does not appreciate the point—he is dis-
cussing the question of white and federal basis,
while I am not touching upon such an enquiry,
but am showing that population, (whether on the
white or federal basis is immaterial ) is the basis,
or population and taxation together, the basis in
all the southern States for at least the lower
branch of the Legislature.
I call then upon the counties to say what more
constitutional guarantees against oppression they
require. Although the oppression would be fan-
ciful, name your guarantee in the Constitution,
and so far as my vote is concerned you shall have
it; but do not deny us equal justice in your legis-
lative halls. My friend from St. Mary's, (Mr,
Blakistone,) classes me at the head of all the Re-
formers, because I am opposed to all compro-
mise—he does me undeserved honor,
I am an advocate for a fair, just, and liberal
compromise, which I wish to effect by leaving
territory predominant in the Senate, while pop-
ulation has its full rights in the House of Dele-
gates. Although I consider the people equally
entitled to wield the power of the Senate, yet
for the sake of compromise now, I will agree to
such an equitable arrangement because it has
some principle in it; but when I am asked to
leave the Senate as it is, and still make a com-
promise in the House of Delegates, by curtailing
the rights of the people there, I at once reject
it, as no compromise at all. Nay, rather than
take the proposition of Mr. FIERY, I would re-
tain the present basis, because I do not wish it
lo be said that there has been a compromise,
when I regard it as nothing in principle or sub-
stance; and I believe that if the present basis of
inequality and injustice continues, it will be
more certain to bring about speedier justice, than
this hollow and unsubstantial thing would lead
to, which is called the Washington county com-
promise, and which I regard as virtually contin-
uing the vassalage of Baltimore city to arbitrary
power, and continuing it too, on a more odious
ground than the present Constitution places it,
because now the whole thing is arbitrary for
town and country, while this Washington county
compromise seeks to engraft on the Constitution
an invidious discrimination of a principle adop-
ted for the counties, but denied to Baltimore
city. The gentleman from St. Mary's, [Mr.
Blakistone] has referred to the Club of Hercules,
as flourished in the Baltimore Argus—meaning
the Executive patronage.
I can only say, that I shall vote to strip the Ex-
ecutive of all his important patronage, but when I
do that, I am giving upon the altar of patriotism
agreat element of political strength. Is it too
much to say that I first wish to see what sort of
a compromise party spirit will make here on
this question of representation, and what sort of
a Constitution you will make in other respects?
If the unholy hands of party are to fashion this
Constitution for party purposes, I shall lor one
oppose it at all times; though I shall first look to
its merits or demerits as a whole.
Mr. BLAKISTONE said, that in the remarks which
he made on Saturday, he alluded to an article
published in a Baltimore paper, where the ex-
pression was used, "that the Executive patronage


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 68   View pdf image
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