And while I am on the floor I wish to say
Something further. My objection to this ar-
ticle is this: I am convinced that before this
Convention concludes its labors there will be
some school system provided for, and in order
to carry out that system, it may be thought
proper by tire Legislature hereafter to levy a
tax in a manner which may be construed to
be a poll or capitation tax, though without
using the words "poll tax" or "capitation
tax." As I know such a tax can be levied
without using those words, as I have seen it
done, and have seen its effects after being
done, I Might not be opposed to leaving the
article stand as it is; because I am satisfied
a tax can be levied reaching every man in
spite of this article. That is already done in
Pennsylvania: I find nothing in the Consti-
tution of Pennsylvania directly authorizing
it; and yet I do know that every man there
is required to pay a school tax, and the man-
ner in which it can be done is this: a tax
may be levied by the Legislature of so much
en the hundred dollars, and every man can he
considered as worth ahundred dollars. And
so far as my memory now serves me, I think
the school tax used to be twenty-seven cents
on every $100; and consequently every man
had to pay at least twenty-seven cents school
tax.
Suppose that a tax is hereafter imposed in
the State of Maryland which may be construed
to be a poll tax; if it is imposed for purposes
of education, I am satisfied it will be willingly
paid by a great many people who now have
not the glorious opportunity of contributing
to the support of a school system. As has
been remarked by my colleague, (Mr. Scott)
there are a great many men in the counties
and in the city of Baltimore, who have not
the opportunity, under existing laws in the
State of Maryland, of helping to educate the
people of the State, while they are abundant-
ly able to do so. it is true they may do so
independently of taxation; there is nothing
to prevent them doing so bysubscription, &c
but their attention has not been called to the
matter by any law, and consequently they
pass it by., and are not really in a position,
according to the laws of Maryland, to sustain
ft school system. Now while I believe there
is no tax so little likely to be collected as a
poll tax, yet from my experience I do believe
there never was a tax laid upon the people so
universally paid as a school tax.
Now it is only with that view that I am in
favor of changing the phraseology of this ar-
ticle; with the view only that in case this
Convention may provide for a general school
Bystem for the State of Maryland, the Legis-
lature may not be hampered by any forced
construction, or possible misconstruction, of
this article as it now stands. I say "miscon
struction," for by my construction of it,
fan see clearly how the Legislature can pass
any law taxing the people for the support of |
a school system, and yet not be in conflict with
the wording or true meaning of this article.
Because, as I have before stated, a tax which
shall reach the bead of every man can be laid
without cal ling it a poll tax,
I will read an amendment just handed me
by my friend from Allegany (Mr. Hebb) but
I will not offer it now, as I am somewhat
committed on the school question.
Add to the substitute proposed by the gen-
tleman from Baltimore (Mr. Daniel) the fol-
lowing :
"Provided, that no tax shall be levied as a
qualification fur the exercise of the right of
suffrage."
Mr. SCOTT. I rise for the purpose of with-
drawing my amendment, in order to give my
colleague (Mr. Pugh) an opportunity to move
the amendment he has just read, as an addi-
tion to the proposed substitute.
The PRESIDENT. The gentleman cannot
withdraw his amendment without general
consent.
Mr CLARKE: objected to the withdrawal.
Mr. PUGH. I have no proposition to sub-
mit. I am only speaking upon the amend-
ment already submitted, of which I am in
favor, provided it is the impression of mem-
bers that. there can be any misconstruction of
this article. If it appears to members of this
Convention that this article cannot stand as if
now reads without being liable to a construc-
tion, which I do not think can be justified,
then I will vote to amend it But I would
like very much to know whether gentlemen
are convinced that their constituents will put
that construction upon it.
Mr. SCHLEY. We have never had a poll
tax levied in the State of Maryland; at least
never within my recollection, and the com-
mon impression is that a poll tax is a tax to
be levied upon the. right of suffrage.
Mr. PUGH. Did the gentleman ever hear
the word "poll" applied to the head ?
Mr. SCHLEY. Certainly, a great many times.
But I am now speaking of the popular under-
standing of the term.
Mr. PUGH, I believe I will favor the
amendment, and run the risk of explaining
the matter to my constituents.
Mr. PURNELL. it is not my purpose to in-
dulge in any extended remarks in addition to
those already made by gentlemen for and
against this amendment. But I will briefly
give my reasons why I wish to adhere to and
shall support this article of the bill of rights
as reported by the committee to whom this
subject was confided. Now it does not seem
to me that the application of the revenue to
be raised by this process of taxation is of any
great importance compared with the principle
involved, it is true, as has been stated here,
that in the State of Delaware they have a poll
lax, and that poll tax is regulated by a kind
of sliding scale suited to the exigencies and
purposes to which it is applied. It is applied |
