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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1046   View pdf image (33K)
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1046
I think, the true theory. The counties will
have a territorial representation in the senate,
which will be elected for four years, one
class going out every two years, preserving
the body to some extent from the effects of
popular agitation, and making it the con-
servative body. Then when we come to ap-
portion the representation in the lower
house, we shall make the whole population
the basis, so that not only the counties but
the city of Baltimore will be represented
according to population. In that way, it
seems to me, every man will have an equal
voice in the legislature, instead of giving
one man in the large counties and the city of
Baltimore the right to determine by his vote
the character of the whole delegation,
whether twenty members shall be elected or
whether seven members shall be elected, divi-
ding the city into three districts. The second
section embodies that view that each man's
vole shall have an equal weight in the choice
of representatives throughout the State.
But inasmuch as we are not a legislative
body, and it would be difficult to carry out
the district system now, I thought it would
be better to preserve the present basis in the
coming legislature, and let that perfect the
system.
And inasmuch as some might object that
Baltimore city would have too much control
in the election of United States senator, and
other officers of this State elective by the
legislature, to get rid of that difficulty 1
propose that elections by the legislature shall
not be by joint ballot but by concurrence,
which is the law in many States. United
States senators are not elected in all the
States by joint ballot. On the contrary, in a
large number, and it may be a majority of
the States, United States senators and all
officers elective by the legislature are elected
by concurrent and not byjoint vote.
Gentlemen may remember Mr Webster's
argument, in which he takes the ground that
were it a new question he should hold that
United State senators under the constitution,
could only be elected by concurrent vote, I
adopt that view of the question. While I
do not say that election by joint ballot is
irregular legislation, this convention has a
right to determine in which mode this election
shall be had, and prescribe that these elec-
tions shall all take place by concurrent vote.
In that way you make the senate to a certain
extent a check upon the house. And I will
guarantee that hereafter in the State of Mary-
land, where you have the check of one house
upon the other by reason of the necessity of
this concurrent vote being required in the
election of United States senators and other
officers, you will have better men to fill
those offices; for no man, unless he was capa-
ble of approaching a high standard of ex-
cellence, would, I think, secure the concur-
rent vote of the two houses. It might be
that the political complexion of the two
bodies might vary; and in that case you
might get a man who, instead of being a
partisan merely, might be to a certain extent
above mere partisan views, and more nearly
reflect the best interests of all classes Pierce
was a compromise man.
1 throw out these views of this roughly
sketched scheme. I had exchanged some
views upon this question w th my colleague,
and it was my purpose, if there seemed to be
any disposition to consider this question atall
outside of mere party lines, to offer it as em-
bodying my views. I do not propose to offer
it to the house at this time unless I can under-
stand that there is a disposition to take up
this question and go into it, upon an inquiry
into the true interests of the State, and not
to come in here and be brought down to a
party vote upon a report which proceeds
upon no true theory of the representative
system, which is arbitrary in its character.
I should like to know of the gentlemen who
constitute the committee why they have coma
to this conclusion rather than to any other
conclusion; why they have adopted this
standard rather than any other standard.
Why did they fix upon 7,000 rather than
10,000? What reason is there for one num-
ber rather than the other? It is a merely
arbitrary conclusion.
It has to principle except to place those
gentlemen who support it in opposition to all
the views which they have assumed hereto-
fore, when the negro has been brought into
view; no principle but to ostracise him, to
deny him his rights, and to do it simply with
the view of carrying out the political cry
which has been heard all over the State.
Down with the political rights of slave-
holders; down with the political rights of
counties which have been slaveholding; no
principle but to build up in the State an an-
tagonism of interest, by giving to a few coun-
ties and the city of Baltimore the exclusive
control of the broad destiny of the State for
years and years to come, upon an arbitrary
theory; upon a theory which we have never
yet seen carried out; a theory so inconsistent
when tested by every standard of principle,
when principle is brought to bear upon the
determination of the true theory of a repre-
sentative basis.
Mr. SANDS. I can but admire the apparent
coolness and complacency of those who as-
sume to themselves that their positions are al-
ways correct, and that the majority are sim-
ply upon all occasions acting out some party
programme, utterly regardless of principles,
rights or anything else. They remind me, if
I may be permitted to say so, of that one ju-
ryman who, not being able to pet the rest to
go his way, said they were eleven of the stub-
bornest men he ever came across. Now I
propose to consider this subject entirely out
of any party connection whatsoever. I in-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1046   View pdf image (33K)
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