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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1058   View pdf image (33K)
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1058
politicians, more frequently and generally
control their action. When the question of
the measurement of grain, weight of tobacco,
question of tobacco houses and inspection,
measurement of wood, counting of staves—
the measurement of all the products that go
to Baltimore city—when these questions come
up to be regulated by future legislatures, the
small counties will be at the mercy of the
large representation given to those more im-
mediately interested in controlling that trade
in the city of Baltimore; and those small
counties will have to take, as the gentleman
from Baltimore city (Mr. Barren) said to-
night, what they can get,
Now, what I have to say to the small
counties is this: They have this night the
power to protect themselves. If they give
up their representation, if they yield on this
question of basis, they will give up the rights
of those they represent, and they must take
the responsibility. And if I am not greatly
mistaken they will give a vote against this
constitution, growing out of this very ques-
tion, more numerous tlian on any other ques-
tion, before this body. And whatever the
effect of party lines and party discipline may
accomplish here, it cannot have the effect in
the counties to which I allude which lhave
reason to suppose it has upon this floor.
Sir, I regret to see what I must consider
the illiberal spirit manifested towards us at
this time, and under these circumstances.
This is not the way to preserve that harmony,
good order, and civil liberty which ought to
be preserved under free governments. The
blessings of liberty cannot be preserved to
any people but by a firm adherence to justice,
moderation, temperance, frugality and vir-
tue, and by frequent recurrence to funda-
mental principles. If you go to fundamental
principles, to any of the theories of govern-
ment, you will not find any to sustain the
proposition now pending here. You have
asserted that all government originates in
compact, in agreement. There is no natural
right in a majority to rule over a minority.
That rule arises from the necessities of the
social state when government comes to be in-
stituted; it arises from consent, upon the
principle that their interests are identical,
and that the majority will represent the ma-
jority of interests. That is the theory upon
which all government is instituted. There
is nothing in natural laws that can justify
you in assuming to yourselves the entire po-
litical control of all the property and all the
people in the State. There is nothing in the
law of nature that excludes a man twenty
years of age from voting, or excludes a wo-
man from voting and exercising her natural
political rights. But when society comes
to be established that matter is regulated by
agreement. In the formation of the social
compact it has been assumed, and acquiesced
in by those who have been excluded from
the exercise of those rights, that the white
men of the State are the only safe deposita-
ries of political power and the elective fran-
chise. That has been assumed, and therefore
it is that in the majority of the people of the
State resides all the political power of the
State.
Now, I think there is much to be said in
favor of the proposition of the gentleman
from Prince (George's (Mr, Clarke) in regard
to districting the State, If that cannot be done,
there is much to be said in favor of having
population form the basis of representation
in the lower branch of the legislature, so far
as the counties are concerned; though I be-
lieve that has nowhere been made the basis
of representation where very large cities are
concerned, like Boston, New York, Philadel-
phia and Baltimore. A different basis has
been adopted where people are so closely and
compactly associated together with such iden-
tity- of interests; something like twice the.
usual ratio has been given to large cities. I
would be willing to give to the counties a
ratio based upon population, and to Balti-
more city a representation fully equal to all
her wants, and all her rights as a large city.
Rather than see adopted the scheme reported
by the committee fixing representation upon
the white population only, I would agree to
the proposition of the gentleman from Prince
George's (Mr. Clarke,) to have the State dis-
tricted into separate delegate districts, and
have representation in the house of delegates
based solely upon population. If that were
done, then each district would have its own
representative, representing its own immedi-
ate interests; and each section of a county
would, be represented. Then the views of
the gentlemen from Baltimore city, who think
they are entitled to representation in the
house of delegates equal to their population,
would be gratified; while by continuing
the senate upon the present basis there would
be some protection to the counties against
hasty, sudden and unequal legislation, which
will sometimes take place where those who
have one interest hold a power which can be
exercised over those who have a different
interest.
1 am very much disposed at present to fa-
vor the proposition of the gentleman from
Prince George's (Mr. Clarke,) It is a new
thing in this State, but it has been tried else-
where with success. It is more near the
theory of our republican form of government;
it is more democratic in its operation; it is
more nearly allied to the theory of the fed-
eral government, of representation based
upon population in the lower house of Con-
gress, while the equality of lhe States is pre-
served in the senate.
I am sorry that our friends insist so. stren-
uously upon adhering to the basis which has
been reported here, as lhe exclusive rule to
be observed in fixing the ratio of representa-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1058   View pdf image (33K)
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