fourth section of the report, by inserting, at the
end of the seventh line the following: "provided,
that in no case shall any Senator be placed in a
class which should entitle him to serve for a
longer term than that for which he was elected."
Mr. SHRIVER moved the previous question,
which was seconded, and the main question or-
dered, viz. on the adoption of the amendment of
Mr. DONALDSON.
And the question being put, it was determined
in the affirmative.
So the amendment was adopted.
The said fourth section was then adopted as
as amended.
Mr. JOHNSON offered as an additional section
to the report, the following:
"After the ratification of this Constitution no
note, bond, contract, debt or obligation of any
kind whatsoever shall be enforced in any court
of law or equity in this State against the security
for the same, except it be against securities upon
executors, administrators and guardians bond or
bonds entered into by public officers for the per-
formance of duties therein contained, or bonds
for the performance of some trust or recogni-
zance or bail entered into before some compe-
tent tribunal of this State, or appeals on writs of
error or bills of exceptions from some inferior to
a superior court, or of other public officers; pro-
vided, that it shall not effect any contract or obli-
gation entered into previous to the adoption of
this Constitution."
Mr. JOHNSON. I would prefer resting this
question upon its intrinsic worth, before an as-
semblage like this; but I feel it due to myself,
having proposed it, to give briefly a few of the
reasons why I have introduced such a proposi-
tion, I have often seen—and is there no man in
this Convention who has not seen—friends, and
perhaps relatives, desolated by their own good
nature, in signing the paper of knaves,who never
expected to pay the money? And what has
been the gratitude in such cases? I appeal now
to the human heart. What is the reward of the
man who has been innocently decoyed into ruin
by the knavery of another? Does he not find an
enemy for life in the man who has rendered him
bankrupt? Says the old maxim, "If you do a
man a favor beyond his power to repay you, be
is sure to become your enemy, in order to can-
cel the obligation." I speak practically upon
this point. I ask aged men; I ask young men,
here if that is not in accordance with the prin-
ciples of human nature. There may be here
and there an exception, but that exception, in
the language of the lawyers, only proves the
truth ofthe general rule. Even in the height of
barbarism you may find a Damon putting him-
self in the place of a Pythius, and other cases of
individual devotion; but the rule in contracts be-
tween man and man, is to make them with the
expectation of profit. If when I deal with a
man, he expects me to fail, we would better not
bargain. But he may induce me to decoy some
innocent man to place his name upon my paper;
and then this Shylock says—I knew you never
would pay, and that your security never expec- |
ted to pay; but I knew that your security would
be obliged to pay, and therefore I bargained with
you, and I now hold him responsible. If men
have character, morals, and integrity, they will
meet with confidence everywhere. If they have
not, they ought not to find it anywhere. But the
idea of bringing in the innocent, in the contracts
between two men, each wishing to make good
profits out of the other, and decoying them to
become victims of their good nature, should no
longer be countenanced How many men have
been sacrificed upon the altar of kindness, and
have desolated their families and their friends.
I ask this Convention to stand herein old Mary-
land, for a high tone of moral sentiment. If this
thing is right, let us say so openly. But if not,
let us in our social relations require each man to
depend upon his own qualities, and his own con-
duct, and not to inveigle and enslave others. I
say that this proposition does not go far enough;
but let us set that example here, and all business
operations will go on harmoniously. I know
that much may be said about poor men; that the
banks will not loan them money. If the banks
cannot trust an individual, let them loan no
money. If they can trust him,then that is abusi-
ness between him and them. Every honest man
who needs money, can always find friends. Man
with his two hands, his head, and his feet, can
always make a living; and if he is in want of
money a friend will trust him to a moderate
amount. As for all this sky-scraping specula-
tion that is going on, upon a venture, if it is to
involve others as well as lose the capital of the
individual embarking in it, he would better re-
main at his cart, and attend to his daily toil; he
would better make his daily bread by regular
profits, and be content with thriving well. The
maxim is a good one. Let well enough alone. I
trust that this proposition will meet with favor;
but if not, I wish it to go upon the journal that.
if any antiquarian, or man of curiosity, should
hereafter look over the book, he may know that
there was one man who made such a proposition.
Mr. MICHAEL NEWCOMER, I agree precisely
with the gentleman; and I suggest the following
amendment, "that the principle must not pay
either." (Laughter.)
Mr, BROWN concurred with the gentleman
from Frederick. (Mr. Johnson.) The whole
principle of security was wrong. He illustra-
ted it by supposing the case of these individuals;
one of whom wishing to speculate, borrows his
capital from the second, while the third is the
security. The lender makes his 6 per cent.,
whether the speculation succeeds or fails. If it
succeeds, the borrower gets all the profits; and
if it fails the security loses the money,
Mr. STEWART, of Baltimore city moved the
previous question, which was seconded, and the
main question order, viz,
On the adoption of the proposition of Mr.
JOHNSON.
Mr. JOHNSON moved that the question be taken
by yeas and nays,
Which being ordered, |
