course of argument, is he prepared or willing
to stand by the compromises in that Constitution?
is it right that he should require others to do
that, which he himself is not ready to do? If
federal numbers are to be adopted here be-
cause they are found in the Constitution of 1836
would not the same argument apply with equal
force to the adoption of any other provision which
it contains ? Does (he gentleman see and under-
stand the extent of his argument ?
But he says that federal numbers are adopted
in the Constitution of the United States, and if
right there, they will be right and proper in the
Constitution of Maryland. He has referred lo
the slave population in different States, at the
time the federal Constitution was adopted, and
to the slave population in different parts of Mary-
land now, for the purpose of shewing that the
same comparative disparity in number exists in
Maryland, as did then in some of the States.
And from this fact he has arrived at the very
rapid, if not satisfactory conclusion that fede-
ral numbers are as applicable to Maryland as
they were to the States. That gentleman cannot
certainly have forgotten the history of this fea-
ture in the Constitution of the United States.
Does he not know that "federal numbers" in
that Constitution was a compromise which went
hand in hand with taxation? The one compro-
mise could not have been adopted without the
other. If he will refer to the "Madison pa-
pers," he will find that taxation and the proper
basis of representation were among the most dif-
ficult and troublesome questions that came be-
fore the federal Convention. The views of many
of its distinguished members widely differed as
to the proper subjects of taxation, and the clas-
ses to be represented. Some claimed that all
the property in the States should be made sub-
ject to taxation—others that houses and lands
only should be. and others that the States should
contribute their quota of taxes according to po-
pulation.
In reference to the subject of representation,
the white basis, gross population, the free popu-
lation, the whites and slaves, excluding free
blacks, all found their respective advocates.
These two questions were finally compromised,
and federal numbers agreed upon as the basis of
both representation and taxation. Does the same
reason exist for the adoption Of federal numbers
in the State of Maryland? Do gentlemen, who
so zealously advocate them, propose that taxa-
tion and representation shall be united? I take
leave to refer to the thirteenth section of the bill
of rights, which this Convention has already de-
cided to retain, and there I find the following
language:
"But every other person in the State ought to
contribute his proportion of the public taxes for
the support of the government according to his
actual worth in real and personal property "
This Convention has then decided that federal
numbers are not to be made the basis of taxa-
tion. How, therefore, can it be claimed in set-
tling this question of represention by itself, that
because they have been adopted in the federal
Constitution, they should also be adopted in the |
Constitution of Maryland ? Cessante ratione, ces-
sat et ipsa lex" The adoption of this basis here,
would be Iraught with injustice. It would be
wholly unsupported by reason or a single scin-
tilla of right. Gentlemen may call it a compromise,
but it is no compromise. Look for a mo-
ment to its operation. But three-fifths of the
slave population are to be represented, while the
free negro is entitled to a full representation
equally with the white man What reason is
there for placing him, in this respect, on a foot-
ing; with the white man? Why should you give
him a greater representation than the slave ?
Has he more political rights? Can you require
him in time of war to enlist in your armies? Is
he a better or a more serviceable person ? Does
he bring more into the treasury of the Slate, than
the slave ? No, sir. Why then this arbitrary
distinction? Are the twenty-three thousand
free negroes of Baltimore city, to be estimated
in arranging representation, when the same num-
ber of slaves is to be counted but as thirteen
thousand eight hundred ? Is this doing justice to
the Southern counties ?
I care not to refer to the Constitutions of other
States, to see whether or not they have adopted
federal numbers The gentleman from Prince
George, (Mr. Tuck,) a few days since reviewed
them with reference to this question. I fully
concur in the views which he then expressed,
Fur myself, I will say, that even if every State,
south of Mason's and Dixon's line, had adopted
federal numbers, I should still oppose them as
strenuously and as earnestly as I now do. I am
at all times willing to be guided by the experi-
ence and example of others, when they are found-
ed in truth, but I cannot follow them where they
lead to manifest error. That which is wrong
cannot be made right because other States may
have chosen in adopt it. I hough old and com-
mon place, it is nevertheless true, that "two
wrongs never made a right." In a word, I can
see no reason for applying federal numbers to
Maryland, and I trust that no system of repre-
sentation will be adopted here, which is based
upon them. If members are to be taken, let
them be adjusted upon gross population. I will
not detain you by an argument in favor of its
claims upon your consideration. All the propo-
sitions which have been offered for the adjust-
ment of this question, look either to that or to
federal numbers. None has yet been offered
looking to the white basis. If any should be, I
am prepared to discuss its merits as compared
with gross population, and shall then offer you
the views, which have, at least, satisfied my own
mind upon the subject.
The gentleman from Anne Arundel, [Mr. Dor-
sey,] has proposed to district the city of Balti-
more. I will say in the outset, that I am decid-
edly in favor of it, most especially if she is to
have an increased delegation. The gentleman
from Allegany, [Mr. Weber,] has said, that he is
in favor of districting the whole State, because it
allows minorities to be represented, but he can-
not go for it in the city of Baltimore alone. If
it is right and just in the whole State, it would
seem to me to follow as a necessary consequence |
