would vote for it, and that it would meet
with his bearty and entire concurrence. 1
believe that other gentlemen would vote for it
and heartily acquiesce in it. But when you
leave the populate branch of the legislature,
and go over then to what is currently known
as the conservative branch with the positive
command of your constitution, you would
have as little likelihood in getting a uniform
system of education as to getting blood from
a turnip. That is the experience of by-gone
time. It is not that we distrust the legisla-
ture and put in A B and C to make the law
of the land. On the contrary we say to the
legislature, it is your duty to make the law of
the land; and if A B and C make it, it will be
because you fail to perform your duty.
Let me remind my friends that this same
legislature in which we are asked to have so
much confidence, has not a record free from
defaults. The constitutional convention which
met here in 1850 provided that after the
taking of every federal census, the legislature
should submit to the people the question
whether or not they would have a constitu-
tional convention, it was a positive com-
mand in the constitution of 1850 that the leg-
islature should do this. But what is the his-
tory of the matter? Did not they make de-
fault? It has led me to wish in my heart
many a time that that constitution had a pro-
vision in it such as this, that in default of the
legislature providing for the call of that con-
vention, the call of necessity by virtue of the
constitution should be made.
Then I say that in this section we are neither
distrusting the legislature nor taking from
it its legitimate powers. We command it to
do this work, and Have provided tor the not
impossible case of default. I am very anx-
ious about this matter, as I know my friend
is. I want a public school system establish-
ed, and I want here in my place to do my
share towards making it absolutely impossi-
ble that the people of Maryland shall be de-
prived of it. I want them to have it. It is
going to do you and me and all of us good.
The amendment submitted by Mr. STIRLING
was agreed to.
The question recurred upon the amendment
of Mr. MILLER, to strike out all after the word
"year" in line five.
Mr, MILLER demanded the yeas and nays
and they were ordered.
The question being taken, the result 'was—
yeas 12, nays 39—as follows :
Yeas—Messrs. Goldsborough, President,
Bond, Brown, Duvall, Edelen, Harwood,
Hollyday, Lee, Mitchell, Miller, Parran, Pur-
nell—12.
Nays—Messrs. Abbott, Annan, Baker
Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Earle, Ecker, Farrow,
Galloway, Greene, Hebb, Hoffman, Hopkins,
Hopper, Keefer, Kennard, King, Markey,
Mayhugh, McComas, Mullikin, Murray, Ny- |
man, Parker, Pugh, Ridgely, Robinette, Bus-
sell, Sands, Schley, Smith, of Worcester, Stir-
ling, Stockbridge, Swope, Todd, Wooden—39.
The amendment was accordingly rejected,
Mr. BOND moved that the convention ad-
journ.
The motion was not agreed to.
SCHOOL TAX.
The 6th section was read as follows :
Sec. 6. The general assembly shall levy at
its first session after the adoption of this con-
stitution, an annual tax of not less than ten
cents on each one hundred dollars of taxable
property throughout the State for the sup-
port of the free public schools, which tax
shall be collected at the same time, and by
the same agents as the general State levy;
and shall be paid into the treasury of the
State, and shall be distributed under such
regulations as may be prescribed by law,
among the counties and the city of Baltimore,
in proportion to their respective population
between the ages of five and twenty years;
provided, that the general assembly shall not
levy any additional school tax upon particu-
lar counties, unless such county express by
popular vote its desire for such tax; the city
of Baltimore shall provide for its school tax
as at present.
Mr. CUSHING submitted the following
amendment:
Amend by inserting after the word " its,"
line thirteenth, the word "additional,"
and by adding to the section the words " or
as may hereafter be provided toy the general
assembly or the mayor and city council of
Baltimore."
The amendment was agreed to.
Mr. HEBB submitted the following amend-
ment:
Line one, strike out the words "its first"
and insert the words "each regular,"
The amendment was agreed to.
Mr. GALLOWAY moved to insert in line ten
the word " white " before the word "popula-
tion."
Mr. CUSHING. While I have sedulously re-
frained, indrawing up this article, from pro-
viding a separate system of common school
education for the free colored people of this
State, because I thought the convention and
the people of Maryland were possibly not ready
for that, although I refrained from urging it
upon the committee or bringing it here, yet I
hope the time may come when the legislature
of Maryland will be willing to have such a
system, and I shall be extremely unwilling to
prevent it by our organic law. So I left the
question of providing free colored schools to
the legislature hereafter to adopt whenever
they please, with not one word in the consti-
tution to prohibit them; and I ask that we
may not now put in a word to prohibit them
forever, although the people may eminently
desire it, although the free colored population |
