while the man who is receiving, as has been
said here in the debate, a salary of one, two,
or three thousand dollars a year, goes scot
free, and pays no tax whatever. The objection
to the capitation tax, that it is to affect the
poor man more than the rich, is untenable.
The rich man has to pay the capitation tax
as well as the poor man, and besides that he
has to pay a tax upon his property. If a
man has not property enough to pay the cap-
itation tax which shall be laid upon him,
then let the Legislature make provision that
the tax shall not be collected from such men.
But if they have means which are not on the
assessment books, and which are not taxed
as property, out of which the tax can be paid,
then let the Legislature give to the collector
of taxes the power to make them pay it.
Let them provide for attachment upon the
salary, or upon the money in the pocket of
such men, if they have it, for the payment of
this tax. It is that we may not restrict the
power of the Legislature to levy taxes, that I
am in favor of this amendment, and in favor
of leaving out from the bill of rights the
prohibition upon the Legislature forever here-
after, from levying such a tax as this.
Mr. JONES, of Somerset. I alluded, this
morning to the vagueness of this article. I
find that there has been litigation about the
right, of taxation. There was a case in the
city of Baltimore, of taxing a billiard table,
kept for amusement principally; and the
Court held that it was in the power of the
State to tax the amusements of the people,
"either for the purpose of revenue or as a
police regulation," and referred to the 13th
article of the bill of rights for the power of the
Legislature to impose such taxes. The Conven-
tion ought not, therefore, to leave this section
until it is made so clear that litigation will not
grow out of the tax laws passed by the State.
Mr. THOMAS demanded the yeas and nays ;
and they were ordered.
The question being taken, the result was—
yeas, 45; nays, 38— as follows:
Yeas—Messrs, Goldsborough, President;
Annan, Belt, Bond, Carter, Cushing, Dail,
Daniel, Davis of Washington, Dellinger, Den-
nis, Earle, Farrow, Greene, Hebb, Henkle,
Hodson, Hopkins, Hopper, Horsey, Johnson,
Jones of Cecil, Jones of Somerset, Kin?, Lans-
dale, Larsh, Lee, Mace, Miller Mullikin, Mur-
ray, Noble, Nyman, Parker, Pugh, Robinette,
Schley, Scott, Smith of Dorchester, Sneary,
Sykes, Thruston, Todd, Wickard, Wilmer—46,
Nays—Messrs. Abbott, Audoun, Baker, Bar-
ron, Berry of Prince George's, Billingsley,
Blackiston, Briscoe, Brown, Crawford, Cun-
ningham, Davis of Charles, Duvall, Ecker
Edelen, Galloway, Harwood, Hatch, Keefer
Kennard, Marbury, Markey, McComas, Mitch-
ell, Morgan, Negley, Parran, Peter, Purnell
Ridgely, Russell., Schlosser, Smith of Carroll,
Smith of Worcester, Stirling, Stockbridge
Thomas, Wooden—38. |
So the amendment to the amendment was
adopted,
Mr. ABBOTT, when his name was called,
said: I do not very much object to this form
tor the section, but I prefer the form a? re-
ported by the committee, with the exception
of one word, which, at the proper time 1
will ask to be altered, and I therefore vote—no.
Mr. BILLINGSLEY, when his name was called,
said: I have not the vanity to suppose fur a
moment that anything I say upon this sub-
ject or any other, will .change the opinion of
this body, and I shall not obtrude my opinions
or sentiments here, except in explanation of
my vote, and to indicate a principle upon
which I think the honor and integrity of my
State are concerned. I have great venera-
tion for antiquity, and great respect for the
beacon lights established by the patriotism of
our fathers. I am disposed to vote against
this amendment because I am perfectly satis-
fied with the bill as it now stands. it has
worked well, heretofore, and I believe will
work well for all time to come. I think it is
better at this period of our history, to bear
the ills we have", if those ilia are not too oner-
ous, than fly to others we know not of. 1
vote—no.
Mr. KENNARD, when his name was called
said; While the amendment meets the diffi-
culty in my mind in reference to the elective
franchise, yet, as I am opposed to the capi-
tation lax entirely, I vote—no,
Mr. RIDGELY, when his name was called,
said: I shall vote against this proposition for
the reason that in my judgment it confers no
larger power upon the Legislature than the
article as reported by the committee. The
Court of Appeals have decided upon this very
13th article of the bill of rights, that the
Legislature possess the power to tax the per-
son as well as the property of citizens for pur-
poses of revenue; and under that adjudication
of the existing article I can see no pro-
priety whatever in the amendment . I there-
tore vote—no.
Mr. SCHLEY. Yesterday I favored the ar-
ticle as reported from the committee, under
the impression and belief that the operation
of taxes by the poll, wherever such taxes ex-
ist, was either directly or indirectly a tax
upon the elective franchise. I had no objection
to a capitation tax, or tax of My per-
sonal character whatever that did not in-
volve the elective franchise. Believing that
the amendment row before us distinctly enun-
ciates my views, perhaps more distinctly than
the article as reported, I vote—aye.
The result of the vote having been an-
nounced.
Mr. MILLER submitted the following amend-
ment to the amendment as amended.
After the word "suffrage," in the last line,
insert; " But it being the duty of every quali-
fied voter to exercise the right of suffrage
the Legislature ought to provide, by law, fines |
