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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 89   View pdf image
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89
it was but a rallying cry, a clarion blast "to
arms" however, and that cry should be effective,
the matter would be equally and irrevocably
settled But enough of this.
His own plan contained three elements of ad-
justment. He would now say in advance, that
he looked upon the scheme introduced by the
gentleman from Baltimore, (Mr Brent,) as one
of the wildest and most chimerical schemes that
could ever have emanated from a gentleman of
his intelligence; being founded upon representa-
tion according to population. It was a principle
which could not be carried practically into ef-
fect. He would be willing to let the gentleman
figure out the plan. It would fail, because theory
and practice would not harmonise. There was but
one way in which there could be representation
according to population; and that was to obliter-
ate the county lines, and to let the whole State
vote en masse and by general ticket. There was
one representative in Maryland thus selected—the
Governor of the State. To retain the county
lines it was impossible strictly to give represen-
tation according to population as the gentleman
had argued. Fractions would destroy the plan,
and when once broken his theory was gone. It
could not be done, and in his own scheme he had
not pretended to do it. He had suggested a plan,
however, which would approximate towards it;
and that was all that could be dune
His first proposition was, that whenever Alle-
gany county, the largest territorial county in the
State, should have attained a sufficient population,
it should be divided. The number would be
9000 inhabitants, as that number would corres-
pond very nearly with some of the smaller coun-
ties.
The second proposition was one intended to
secure protection to the small counties. This he
conceived to be one of the first objects of Gov-
ernment, to protect the weak against the strong,
The strong needed no protection. They could
protect themselves. It was the principle of law
to protect the weak. It was the principle of na-
ture; for no man could see a strong man about to
strike down a weak man, without instantly rush-
ing to the rescue. This principle ought to be
carried out in the State, to protect the weaker
sections against the overwhelming power of the
strong. His plan was to give to every four hun-
dred square miles of territory and to every frac-
tion of over two hundred square miles, one dele-
gate.
Territory, he conceived to he eminently worthy
of representation. It was the very first thing re-
quired in the State. For territory, governments
often went to war. How long had it been since
this government had been convulsed by a claim
to a wilderness portion of our territory, the north-
western BORDER=0; a difficulty which had been so
happily adjusted by the gentleman who honored
the Convention with his presence yesterday,
(Daniel Webster.) It had then been expected
that a war would ensue with the most powerful
nation upon earth, but his firmness and genius
averted the calamity. To go back further, the
clashing interests of territory had shown their
12
effects between the British and the French get-
tiers prior to the revolutionary war. It was to
defend territory that Washington was first sent
forth to explore the western wilderness, and to
redeem Fort du Quesne. It was to defend the
lights of the English against the incroachments
of the French, it was to protect territory that a
neighboring country had been so recently desola-
ted by war, and the treasure and blood of this
country had been poured out as water. It was
the simple question of boundary between the
Nueces and the Rio Grande. Territory then, he
considered eminently worthy to be represented,
and ought to form an element of the basis of re-
presentation.
The next principle was population. For every
ten thousand, and for every fraction over five
thousand, one delegate. It was unnecessary to
say a word upon that point.
The fourth proposition, based also upon pop-
ulation, was that for every 25,000 inhabitants,
and every fraction over 12,500, in a town or city
having a municipal government, there should be
one delegate; and if the population should reach
300,000 souls, the basis of representation should
be one lo every 50,000. It would be perceived
that he drew a distinction between the counties,
and towns with a municipal government; and
it was because they were recognized as distinct
by the government and laws of the State. It
was this distinction alone which had enabled the
city of Baltimore, or its railroad, to repudiate
the obligation to Washington county, which
county was now willing, upon the christian prin-
ple, to return good for evil, to commit her inter-
ests to the tender mercies of Baltimore. Wash-
ington county had had a pledge from the city of
Baltimore, or its railroad, of a million of dollars.
The payment was refused. An appeal was
made to the courts, and they decided that the
county had only a political and not a muni-
cipal government, and could not, therefore, re-
ceive the money. Upon this quibble of law,
had this solemn obligation of the Baltimore rail-
road been repudiated.
Mr. PRESSTMAN requested permission to ask a
question.
Mr. DAVIS preferred to proceed. He believed
there was already sufficient power in the hands
of the cities, by its police, and in regulating the
trade of the country, to require some offsett—
some reduction from an equal representation
with the counties.
The principles of the plan he had presented,
had been approved by reform men before it had
been submitted here. It was a platform upon
which the reform movement of 1836 had started.
The idea was first to give representation accord-
ing to population. In the Executive that was
granted. Now they wanted to abolish the coun-
cil; also granted. Then to elect a Senator from
each county by the people. He will read ex-
actly what was desired, lest he might not cor-
rectly state the ground taken.
Mr. BUCHANAN. From what does the gentle-
man read?


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 89   View pdf image
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