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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1072   View pdf image (33K)
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1072
hearts or feelings, of course they will not
come into this ball as members of the legisla-
ture to redress the wrongs of these blacks, or
to pass laws which they may require as a sep-
arate population. Then are they truly in a
bad condition. Their friends in Baltimore
city; their friends in the upper counties will
not take the trouble to go down into the low-
er counties and inquire what legislation this
class may need as a class, and thus they will
be left to the mercy of their enemies, the
slaveholders, according to the arguments up-
on this floor.
Now if these slaves are to remain among us
as freemen, if they are to have any rights un-
der the laws of the State of Maryland, if they
are to be heard upon the floors of this capitol
at any future time, is is not just, is it not right
to accord to them a representation here? I can
see no injustice in it; nothing whatever but
what is fair and right and honest. And any
man here who voted that these slaves should
be free, and who now votes that they shall
not have representation here, does not vote
or act with what I Consider to be consistency.
The gentleman then argues that the basis
of representation in the United States senate
is a matter rather of compromise upon the fic-
tion of States rights. I thought that subject
had been fully discussed here, and that at
last all writers upon that subject did admit
State rights. And I am not willing to admit
that it is a mere fiction.
Mr. STOCKBRIDGE, I said nothing what-
ever about State rights; I said State sover-
eighty.
Mr. PETER. Senates have certainly been
considered conservative bodies, from the time
of the oldest writers on government. Let me
take the government of England. She at
this time, I believe, stands paramount to all
others. And although as an American and
a native of the United States, I prize our
government above all others. I am almost rea-
dy to say to-day—would that we had the Eng-
lish government over us. But this matter of
the senate being a conservative element is
beyond all doubt. Because it is the only body
having a territorial representation; it is the
only check and safeguard which is thrown
around bodies which may be selected on some
spur of the moment, when from excitement
from causes arising suddenly throughout the
land, may carry them away with the passion
of the hour. Then it is that this great con-
servative element, which has blessed us as a
nation and a people, can be called in to pro-
perly consider and weigh matters. This mat-
ter has been established so that the little
States of Rhode island, Delaware and Mary-
land may have the same share in the national
councils with the large States of New York,
Pennsylvania and Virginia.
Mr. BARRON. There has been a great deal
of debate upon this subject; and I cow call
for the previous question.
Mr. BRISCOE. I hope the gentleman will
withdraw that call. I wish to offer an amend-
ment, not to the proposition of the gentle-
man from Prince George's (Mr. Clarke) but
to the section of the report. The operation
of the previous question will be to cut off all
opportunity to offer amendments to the origi-
nal section. I am perfectly willing the vote
should be now taken upon the proposition of
the gentleman from Prince George's, and
then I shall ask leave to offer an amend-
ment.
Mr. BARRON. If the vote is to be taken
now, I will withdraw my call for the previous
question.
The question recurred upon the motion of
Mr. THOMAS to amend the proposition of Mi.
CLABKE by inserting the word ' 'white "be-
fore the word "population" so that it would
read:
"The legislature, at its first session after
the adoption of this constitution, and at its
first session after the returns of each national
census are published under the authority of
Congress, shall apportion the members of the
house of delegates among the several conn-
lies of the State and the city of Baltimore
according to the white population of each,"
&c.
Upon this question, Mr. BERRY, of Prince
George's, called for the yeas and nays, and
they were ordered.
The question was then taken, by yeas and
nays, aud resulted—yeas 44, nays 30—as
follows:
Yeas—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Barren,
Cunningham, Cashing, Daniel, Davis, of
Washington, Dellinger, Earle, Ecker, Far-
row. Galloway, Greene, Hatch, Hebb, Hop-
kins, Hopper, Keefer, Kennard, King, Larsh,
Mullikin, Murray, Negley, Parker, Pugh,
Purnell, Ridgely, Robinette, Russell, Sands,
Schley, Smith, of Carroll, Sneary, Stirling,
Sykes, Thomas, Todd, Valliant, Wickard,
Wooden—44.
Nays—Messrs. Berry, of Prince George's,
Blackiston, Bond, Briscoe, Brown, Chambers)
Clarke, Crawford. Dail, Davis, of Charles,
Dennis, Duvall, Edelen, Harwood, Henkle,
Hollyday, Horsey, Johnson, Jones, of Cecil,
Jones, of Somerset, Lansdale, Lee, Marbury,
Mitchell, Miller, Morgan, Peter, Smith, of
Dorchester, Stockbridge,Wilmer—30.
The amendment was accordingly adopted.
The question then recurred upon the sub-
stitute as amended for the third section, sub-
mitted by Mr. CLARKE.
Mr. BLACKISTONE moved to amend the third
section by striking out the word "one" after
the word "Kent," and inserting the ward
" two," so as to give Kent county two dele-
gates.
The PRESIDENT. As the proposition of the
gentleman from Prince George's (Mr. Clarke)
is in the nature of a substitute for the entire


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1072   View pdf image (33K)
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