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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1187   View pdf image (33K)
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1187
Our counties and our States form, in my
humble judgment, one political community,
the different parts having reciprocal duties,
reciprocal obligations to each other, these
obligations having been entered into when
they were formed; and they must consult,
not only the rights of those going away, but
also the rights of those who may remain and
form the old political association.
The gentleman laughs. That is the very
ground I took when I was arguing the ques-
tion of secession.
Mr, SANDS. I was smiling because I was
enjoying his good Union argument.
Mr. CLARKE. It was the very argument
1 made upon the question of secession, I did
not acknowledge the right of secession, be-
cause, having entered into the compact and
obligation, the rights of all the community
were involved. Bat I said expressly with
reference to this question of war being waged,
that it was a question to be decided by both
parties. One parly had a right to say, go
off, you shall not dwell with me; and the
other party bad a right to make it a cams
belli. But it becomes a question whether it
should be made so, whether it is expedient
and just, and whether having made it a casus
belli that does not acknowledge the fact that
they were waging war against them as inde-
pendent States.
So with reference to the counties. It would
be creating in a little portion of a county, all
the rights of the county, if a vote taken
upon the question were to decide except so
far as the men within these particular limits
were concerned; and those not within the
limits were to have no say at all upon the
subject. I say that unless all those interested
should have an opportunity to vote, and
unless all parties should agree whose rights
are involved, they should not have this privilege;
because you may be doing as much
damage to those portions of the county lying at
a distance from the portion to be cut off, as yon
would do good to those people who desire to
form the new county. Let the vote in the
county be taken. Let the people vote. They
are nil subsisting political organizations;
and not sovereignties. Let these political
organizations determine whether or not, they
will divide their limits. If they desire It,
well and good. But in the vote upon it, let
all the citizens of the county be put upon the
same footing of equality.
Mr. BOND. I am very much astonished at
hearing the proposition of the gentleman from
Howard (Mr. Sands,) for, if I understood
him aright, it is the rankest secession that
ever was in the world. From the earnestness
with which he denounced such doctrines a
while ago, I am surprised to hear him now
preaching a doctrine no more nor less than
secession. He advocates and maintains that
a portion of the people may go out and join
others, without consulting those that remain.
If that is not rank secession I do not know
what is. Certainly, the people who are left
behind have a right to be consulted, whether
they shall part with them or not. I rose
merely for the purpose of mentioning? the
inconsistency between the arguments of the
gentleman from Howard (Mr. Sands) to-day,
with those I beard him utter a few days
ago.
Mr. SANDS. I will just point out to my
young friend from Prince George's (Mr.
Clarke,) and to my venerable friend from
Anne Arundel (Mr. Bond,) what inconsistency
they make. My doctrine is not secession,
because the legislature, after the people have
had the power to vote, are to determine this
matter. How does that square with the seces-
sion doctrine? Is the secession doctrine that
States have a right to vote to go out and may
go out, if Congress agrees to it? I merely
say that part of a county may go out if they
vote that it is their desire, and if the general
assembly of Maryland agrees to it. Is that
secession? The fact is, that there is not an
atom of secession in me, and therefore the
gentlemen cannot get a bit out. To me,
it is a detestable doctrine: and I won't
have it.
What I want is that the people interested
in making new county divisions shall come
up to the legislature with their petitions set-
ting forth the facts of the case, that they are
thus and so situated in regard to their public
buildings, their access to places of record,
and everything of the sort; and I want them
to satisfy the legislature of Maryland, and let
the State in its aggregate capacity say wheth-
er or not these people shall have what they
petitioned for. I only say this now to put
. myself right on the record, as the phrase
goes.
How the gentlemen can make this idea,
that part of the people of a county have a
right to come to the legislature, and by way
of petition setting forth their grievances, ask
for redress by new county lines, how they
can esteem that idea secession, passes all logic.
It is nothing at all of the sort. All I want
is this, that the people interested shall have
the right to petition the legislature of Mary-
land, setting forth clearly their case; and
then let the legislature of the State act upon
the matter for the people. That is all we
want.
Mr. KING. According to my understanding
of the section, the legislature has nothing to
do with it. The vote is taken, and if those
desiring to separate have the majority, the
legislature is bound to pass it.
Mr. SANDS. It does not say so.
Mr. KING. Yes, it does; it says:
"Section 1. The general assembly shall
provide for organizing new counties, locating
and removing county seats, and changing
county lines, but no new county shall be or-
ganized without the consent of a majority of


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1187   View pdf image (33K)
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