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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 84   View pdf image
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84
at least, raising a voice against the deed. I am
here as an agent to carry out the wishes of those
who have chosen me as one of their delegates.
I came here determined to support the plan of
representation, which has been already proposed
by the gentleman from Kent, (Mr. Chambers.)
It is the same as that adopted in 1836, with the
exception of being based upon the whole popu-
lation instead of federal numbers. The people
of my county are desirous to have reforms upon
other questions, but they have seen no reason
why the present basis, except as to federal num-
bers. should be abandoned, and they are not wil-
ling to strip themselves of all power.
But, by a solemn vote of this Convention, it is
now determined that this system cannot he re-
tained Some of those counties, which had been
looked to as its friends, had deserted it in lime of
need. What system then is to be adopted? The
cloud of doubt now hanging over this subject,
can only be dispelled by the future. It is a ques-
tion which I, at least, am unable to answer.
In the first article of the Bill of Rights, is to
be found this declaration :
"That all government of right originates from
the people, and is founded in compact only "
A learned debate has been had here about the
application of this word compact—that is, wheth-
er a Constitution is a compact or not. I will not
at this time enter into an inquiry whether it is a
compact or is founded only in compact which
terminates so soon as the Constitution is made.
We are here only to make a Constitution and to fix
upon its terms and compromises. A discussion
now, in connection with this subject, as to its
binding obligations, as a compact, after it is
formed, will lead us to no practical result. It
is, however, to be founded in compact and agree-
ment. What agreement shall we, the delegated
agents of the people, enter into upon this subject
of representation? Will you adopt representation
according to population ? Here in this body
it is already "res adjudicata.'" A vote has been
taken upon it, and only seventeen members voted
in favor of it. But a word or two about the doc-
trine. It is held by many, that representation
according to population is an abstract principle,
and right in every republican government,
In the formation of government there can be
no abstract principle. Government is but an
agreement to live together upon certain terms
agreed on between the parties. It is " founded
in compact," and the terms are to be regulated
entirely and only by the consent of those who
have agreed to form it. This could not be the
case if principles were already established, [by
some power unknown to me,] which were to
control that consent and agreement. In the for-
mation of government, all the various surround-
ing circumstances are to be taken into considera-
tion, and that form adopted which will best
conduce to the protection of those who are par-
ties to it. One of the gentlemen from Baltimore
city very properly remarked, that population
might be used as an argument in settling and
agreeing upon the proper basis of representation,
but it cannot be claimed as an abstract principle,
which "proprio vigore," was to govern in the for-
mation of an organic law. These positions, he
thinks, can not be denied. I had proposed to
myself to enter fully into the discussion of this
question of representation according to popula-
tion, but, inasmuch as it is settled, at least here,
it would be a needless consumption of lime, and
I will refrain from so doing.
It is well said by Mr. Locke, that "the great
end of man's entering into society, is to enjoy
property in peace and safety." This is, or at
least ought to be, the object of every government.
His person should be amply and fully protected,
and his rights and liberty carefully guarded.
The means which he has husbanded in the great
struggle of life, be they large or small, should be
secured to his control and enjoyment. He looks
to the government for protection, and it should
be given in the most ample manner, "fully, with-
out any denial, and speedily, without delay."
Such is the object of government, and that can-
not be said to be perfect, even in the perfection
which the human mind may reach, in which the
various interests of the people are not protected.
To give this protection in Maryland, the question
of representation must be made the subject of
compromise. It must be such a compromise as
will enable us to move on in harmony—no one
interest clashing with and destroying another.
The gentleman from Allegany, (Mr. Weber,)
has advocated the proposition offered by the gen-
tleman from Washington, as a compromise,
which ought to be acceptable. I regret that I
am obliged to differ from him. I listened with
the greatest pleasure to his argument, and de-
rived from it much instruction. It displayed
great intelligence, observation and labor. I
agree with him that there are conflicting interests
in the State, which should be properly ad-
justed in the settlement of this question of repre-
sentation. I cannot, however, agree with him
in his classification of those interests. He has
claimed to classify them by the gubernatorial dis-
tricts as they are now laid off. Is this correct?
Are there not counties, in the Eastern district,
whose interests are identical with those of the
Southern counties on the Western Shore? Their
pursuits and institutions are the same A large
majority of them are found, upon this subject,
acting side by side with the Southern counties.
No. sir; the classification is not a just one—it is
wrong. The premises of the gentleman are er-
roneous, and the deduction, which he has drawn
from them, must be equally so. But conceding,
fur the sake of the argument, that he is right,
does it afford any sufficient reason why the pro-
position of the gentleman from Washington
should be adopted ? Assuming that these con-
flicting interests exist as he has arranged them,
he says that this proposition gives to each interest
nearly the same power in the Legislature. In
this division, for borne reason which he has not
given, he does not include Baltimore city. Now
by a reference to the figures, it will be found that
they do not sustain him in his views. This plan
of representation does not give to these several
divisions, it appears to me, "very nearly the same


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 84   View pdf image
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