as we have no registration of voters, and
therefore cannot base our representation
upon voters, we must arrive at it in some
other way until such registration is made.
There are those who do not vote, females
and children. But it really makes very little
practical difference whether they are counted
or not in making your dividend to ascertain
your ratio of representation, because they are
about equally diffused throughout the State.
It therefore makes very little difference
whether you base representation upon the
entire governing population, or upon the
voting population, the registered voters.
But when, as in this State, yon have a
large class of non-voters who are no portion
of your representative class, and, which is
not equally diffused throughout the State,
then it is a disturbing element of very con-
siderable importance. If the colored popula-
tion was equally diffused territorially through-
out the State, it would really make very
little practical difference whether representa-
tion was based upon the white population
alone, or upon the entire population. But if
that class is concentrated in one portion of
the State, and you base representation upon
the entire population, then it works very
great injustice unless you give that class the
right of voting. Because if they are included
for the parpose of protecting them, of having
them, in the language of the gentleman from
Prince George's (Mr. Marbury.) send their
representatives here, then surely it is their
right to say who their representatives and
their age its shall be. And I have not un-
derstood, from any of the antecedents of this
convention hitherto, that it was the purpose
of those gentlemen to put them upon any
such fooling.
And there are very palpable reasons why,
if that shall ever bedone, it should not be
done at this time. They have been an en-
slaved class all their lives. They are not
prepared or qualified to take a part in the
government of the country until they shall
have advanced very materially in the scale of
civilization, and made great social progress.
There is therefore manifest propriety in ex-
cluding them at this time from the governing
class, from the class which is made the basis
of representation. Every gentleman at a
glance will see the propriety and manifest
justice of that.
I have said that, in my bumble judgment,
neither of the propositions before us does ex-
act justice, is based upon a sound principle.
And the principle which I have enunciated,
which in my judgment ia the only sound one,
is impracticable tor the reason I have given.
And I have also found, in discussions out-
side of this hall, that it finds no favor on any
side.
The same thing holds true in reference to
the senate. I see no propriety whatever in
mapping out a certain geographical limit and |
assigning to it a senator. If you wish checks,
then put it upon certain reliable basis. I do
not perceive that Prince George's county, or
Allegany county, has any right or interest as
counties, distinct from the right or interest
of the people in those counties. Therefore
if you have a representation based upon
rights, and so framed as to protect the
rights and interests of the people of the conn-
ties, then you will have your representation
so framed as to protect the rights and inter-
eats of the counties.
Mr. MARBURY. Does the gentleman con-
ceive any good reason why Rhode Island
should be the equal of New York in the sen-
ate of the United States?
Mr. STOCKBRIDGE. That was somewhat
a matter of compromise, and it has been re-
tained to protect a sort of idea, fiction, or
fact, of State sovereignty. And another
reason is that it created a sort of check, be-
cause senators in the Congress of the United
States are elected upon an entirely different
basis from members of the house of repre-
sentatives. The representatives are elected
upon a popular, basis; senators are elected by
the legislatures of the several States. Repre-
sentatives hold office through one Congress ;
senators hold office through three congresses.
An entirely different element enters into the
computation there from here. I am not
aware that there is in this State any thought
of any State sovereignty.
I do not think there is any good reason
why the senate, if we are to have such a body,
should be upon the same basis as the house
of delegates. But now they are elected by
the same electors and at the same time as the
delegates, holding office for double the time
it is true. And the only manner in which
they form any check is that the half of that
body holds over instead of being changed
every two years. I do not think that is check
enough. I think if you are to have the two
bodies, there should be more distinction be-
tween them. Have one based upon the
voting population, and the other upon the
burden borne by the various portions of the
State in support of the government: have
senators elected by a different body of elec-
tors, or at an entirely different time; and
then you will have an understood check.
But now eleven of the senators are elected at
the same time with all the members of the
house of delegates, and precisely the same
influences govern their election. They are
no check at all, except in this, that as mat-
ters have been framed the minority of the
popular vote has had the majority of the
persona sent to this house, and in that man-
ner yon have bad a disturbing element which
has been a very serious check.
I say, therefore, that brought face to face
with this question in the manner in which
we are brought to face it, we are compelled
to select that principle which seems to us the |
