Mr. STIRLING. I do not rise for the purpose
of discussing this, excepting to say that I
shall vote for it because it is a limitation upon
what has been already done. I should very
much regret to see the section go into the
Constitution with this amendment in it. My
impression is that the Convention has gone
so far in their action that they have not only
repealed the section of the existing bill of
rights which prohibits a poll tax, but by the
strangest kind of indirection have decided
that the Legislature ought to levy a poll tax.
We are going to send this Constitution before
the people of Maryland with a novelty in it
of the most important character, to which
they have never been accustomed, which they
have declared, ever since 1776, was grievous
and oppressive; and not only that, but with
an express declaration of this body, almost
in terms that it ought to be done, because it
will declare that a capitation tax shall only
be levied for certain purposes.
My judgment is that the proposition of my
friend from Allegany (Mr. Greene,) which
would seem to have been offered for the pur-
pose of reconciling the difficulties about the
right of suffrage, makes the article, as a
whole, more objectionable, if you had merely
omitted the phraseology that the poll tax is
grievous and oppressive, you would have pro-
nounced no definite judgment upon the sub-
ject, and you would have bad no capitation tax
mentioned in the Constitution. But to guard
against a difficulty which never bad an exis-
tence, excepting in anticipation, and which
I confess struck me with profound surprise,
to prohibit in the Constitution any infringe-
ment of the right of suffrage by a capitation
tax, when no capitation tax could have bad
any effect upon the right of suffrage, you
have broadly planted in your Constitution
the words capitation tax; and you make this
Constitution depend upon the will and the
judgment of the people of Maryland upon a
capitation tax. You risk this Constitution
upon this novelty, upon this thing that is not
necessary even if it is not grievous.
I propose when this proposition is acted
upon to move a substitute for the section as
it now stands. I have altered it from the
original proposition sufficiently to. make it in
order, leaving out the phraseology in regard
to the poll tax, which the Convention have
already decided upon, so that I have no power
cow to offer an amendment to reinstate those
words, and striking out the words "on persons
or property," leaving: the rest unchanged.
This will leave the Legislature unfettered.
Let us leave them unfettered, if we will; but
don't leave them unfettered, and at the same
time express the opinion that they ought to
do the thing, which is what the amendment
already adopted has done.
Mr. DAVIS, of Charles. I hope the gentle-
man will withdraw that amendment, because
if we vote "aye" it will be a vote in favor |
of a capitation tax for the promotion of pub-
lic education, and if we vote " no " it will
be in favor of giving the Legislature the power
to lay a capitation for any purpose. A vote
either way will impliedly be' in favor of cap-
itation.
Mr. THOMAS demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yens 31, nays 52—as follows:
Yeas—Messrs. Baker, Cunningham, Cush-
ing, Davis of Washington, Farrow, Galloway,
Greene, Hebb, Hopper, Jones of Cecil, Keefer,
King, Larsh, Mace, McComas, Mitchell, Mul-
likin, Murray, Noble, Nyman, Parker, Parran,
Pugh, Ridgely, Robinette, Schley, Schlosser,
Scott, Stirling, Thruston, Todd—31.
Nays—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Barron, Belt, Berry
of Prince George's, Billingsley, Blackiston,
Bond, Briscoe, Brown, Carter, Crawford,
Dail, Daniel, Davis of Charles, Dellinger,
Dennis, Duvall, Earle, Ecker, Edelen, Har-
wood, Hatch, Henkle, Hodson, Hopkins, Hor-
sey, Johnson, Jones of Somerset, Kennard,
Lansdale, Lee, Marbury, Markey, Miller,
Morgan, Negley, Peter, Purnell, Russell,
Smith of Carroll, Smith of Dorchester, Smith
of Worcester. Sneary, Stockbridge, Sykes,
Thomas, Wickard, Wilmer, Wooden—52.
So the amendment offered by Mr. Ridgely
was rejected.
Mr. ABBOTT, when his name was called,
said: While I am as much in favor of public
schools in every district as any member of
this body, and will favor any tax that may
may be required to support them, I cannot
vote for this amendment. I must vote—no.
Mr. GALLOWAY, when his name was called,
said: I am opposed to a capitation tax in
any form whatever; but as this amendment
is merely a restriction upon the Legislature, 1
vote—aye,
Mr. NEGLEY, when his name was called,
said: I am opposed throughout to granting
the power to the Legislature in the bill of
rights lo impose a poll tax. I shall vote
against the amendment, and then against the
article as amended. I vote—no.
Mr. PARRAN, when his name was called,
said: When our ancestors said that all poll
taxes were grievous and oppressive, I believe
they were right. I believe that all capitation
taxes are so many taxes levied upon a man's
poverty. But believing that the amendment
proposed by the gentleman from Baltimore
county (Mr. Ridgely) is a restiction upon
the right of the Legislature to levy this tax,
1 will vote—aye.
Mr. PETER, when his name was called,
said: Believing that my vote will be in favor
of a capitation tax either way, and being vio-
lently opposed to a capitation tax in any
form, I ask to be excused from voting
Not being excused, Mr. Peter voted—no.
Mr. PUGH, when his name was called, said: |
