if there is not some discrimination in regard
to circumstances, then it must be oppressive.
If it is a tax that does not bear upon every-
body irrespective of circumstances, and is
passed with a political view for the good of
the community, then it does not come with-
in the prohibition of this article.
Now if we strike out that provision—one
that has remained in our Constitution since
it was adopted in 1776—that will give the
idea to the people of the State that we are in
favor of equal individual taxation. Now I
am not willing to strike any such provision
out of the bill of rights. Now I submit to
gentlemen whether they do not endanger the
whole Constitution by striking out this
clause, which simply amounts to the plain
proposition that taxation levied on every
man without respect to person or property,
is grievous and oppressive? Under despotic
governments in Europe, it has been custom-
ary to levy a tax upon every head, even
upon the heads of the poor man's children
so that the more children a man had, the
more taxes be was compelled to pay. And
it was to remonstrate against such a system of
taxation that this clause is placed in the Con-
stitution, with the declaration that taxes
should be levied according to circumstantial
differences, and not upon every person irre-
spective of all differences in circumstances.
And upon whom is this tax to fall? Upon
the young men of the State. What is their
condition; what is the condition of the
young men in every State, in the State of
Maryland? It is a condition where they are
rendering such services, that those who own
property in the State are enabled to sleep
quietly upon their feather beds and spring
mattrasses, in consequence of the protection
afforded by those very men who own no
property. And it is now proposed to strike
out this provision which has existed since
1776, in order to tax those young men who
have no children for the purpose of educat-
ing the children of other people, and compel
them to render a further sacrifice than that
they are now rendering.
Mr. PUGH. Does the striking out of that
provision say that such a tax shall be im-
posed upon them?
Mr. STIRLING. I want to plant in the Con-
stitution an absolute negation of the exercise
of any such power by the Legislature.
Mr. CLARKE. I would ask the gentleman
it his argument would apply to these young
men after the war is over, and they have re-
turned to their peaceful avocations?
Mr. STIRLING. Certainly it would, for they
would still be liable to military duty when-
ever such duty is required, whereas the vast
majority of the people who own property
are over the military age. It is time enough
when a man has children of his own to tax
him for their education. And what amount
would be produced by such a tax? You |
would not, in my opinion, raise $5,000 by a
capitation tax, and yet you would incur all
the odium and unpopularity of such a tax
for the sake of something Which would amount
to nothing after you had got it. Is there any
difficulty now in levying all necessary taxes
for the support of schools? Have not the
Legislature ample power to do that now
without resorting to a capitation tax? And
there would be no mode of enforcing" such a
tax, unless by a constitutional provision it
was made to operate in connection with the
right of suffrage. If you should provide that
no man shall vote unless he paid a tux of one
dollar or five dollars, then you would have a
pretty stringent mode of enforcing"; a capitation
tax. But unless you did that it would
amount to nothing, because you could not.
enforce it. You can only enforce such a tax
by some such means as that, or by requiring
some personal service of those who did not
pay and who had no property upon which the
tax could be levied. And that is the reason
why taxation by the poll is grievous and op-
pressive on people who have no property, for
the only way you could enforce such a tax is
by compelling those who did not pay to ren-
der some service to the State, or by depriving
them of some right which otherwise they
would enjoy; and in despotic countries, where
people are forced into the army in times of
peace, the mode employed to enforce such a
tax is to compel a man who does not pay a
certain amount of taxes to go into the army
and render military service. Ana the only
mode of enforcing a tax upon the head is to
make military service the penalty for not pay-
ing it, or to make something else a punish-
ment for not satisfying the demands of the
law imposing the tax. And in this country
the levying such a tax would amount to noth-
ing unless there was connected with it the
forfeiture of the right of suffrage as a pen-
alty for not paying it; and then the desire of
men to vote would be so strong that they
would probably come up and pay the tax.
Mr. DANIEL moved that the Convention do
now adjourn.
Mr. BARRON. I hope not. We have now
bee:' three days discussing this question, and
are three days farther back than when we
started. Let us have a vote and see if we
cannot get ahead a little.
The motion to adjourn was then withdrawn.
The question was then taken upon the mo-
tion of Mr. Hebb to amend the amendment as
amended by adding after the word "poll" in
the first line, the words ' as a qualification
for the right of suffrage," and it was rejected.
The question then recurred upon the amend-
ment as amended.
Mr. BRISCOE, I have from the very com-
mencement voted against every proposition
which would authorize the legislation to im-
pose a poll tax. lam from principle, and from
a desire to adhere to the example set by our |
