schools, the preservation of school funds, the
location and regulation of school houses.
There shall be no special law " granting
divorces." I rather like the old form in the
constitution. "No divorce shall begranted
by the general assembly." The general as-
sembly should have no power to provide upon
that subject. Let it be entirely a matter within
the jurisdiction of the courts.
"Changing the names of persons."
That is legislative power. That has been
spoken of by the gentleman from Kent (Mr.
Chambers.)
"Conferring rights of citizenship upon mi-
nors or foreigners."
I presume it is not intended by that, that
they would have the right of naturalizing for-
eigners. What does this mean, "conferring
rights of citizenship upon minors or foreign-
ers," the right of voting, or the right of hold-
ing property ?
Mr. STOCKBRIDGE. There have been laws
passed by which certain persona not natural-
ized have had the privilege of practicing law in
the courts of the State; and various provisions
of that sort. They should be naturalized I
they want those privileges.
Mr. MILLER resumed: " Relating to the in-
terest on money."
That brings up the question of usury, which
is a matter before the body upon several orders
passed hitherto; the question whether or no
we shall have in the constitution any fixed
standard as the rate of interest, or whether
there shall be none.
"Providing for regulating the election or
compensation of State or county officers, or
designating the places of voting, or the boun-
daries of election districts, &c.
It seems to me that all these powers would
better be left where they have been. Let the
legislature, when the occasion calls for it
have within itself the power to meet these
several cases by a special enactment. For
instance—
" Giving effect to informal or invalid deeds
or wills."
If the legislature passes general laws, the
courts must be governed in giving effect to an
invalid deed or will by the rules which the
general law lays down. There might occur
a case in which parties have inadvertently or
unwisely omitted to conform to the provisions
of the general law with regard to the execu-
tion of a deed or will, and where it would
be a great hardship to the parties if the leg-
islature, the supreme law-making power of
the State, should not have the power to cor-
rect it.
"Refunding money paid into the State
treasury, or releasing persons from their debts
or obligations to the State."
No general law which might be passed
would meet the cases which might occur. A
man may have paid money to the State which
be could not get back under any general law |
or regulation that might be passed. It would
be very hard that the money should be taken
from his pocket, and that the State treasurer
should have no power to return it, when it
arose simply from the inadvertence or neg-
ligence of the party, or his ignorance in con-
forming to the provisions of gome general
law that might be laid down. In such cases
as this I think the legislature ought to have the
power to say that the treasurer shall give that
money back to the man.
These are some of the inconveniences which
I see would result from the adoption of the
amendment as proposed by the gentleman
from Baltimore city (Mr. Stockbridge.) I
am opposed as much as any one to special
legislation, except when a plain case for spe-
cial interference is made out by the parties
who apply to the legislature. It seems to me
that we may very well leave this question
where it has been left, notwithstanding the
attempt in the present constitution to get rid
of it. If the people desire that this should
not be done, and that this special legislation
should be got rid of, they will elect men to
the legislature who will be careful not. to
exercise these powers, unless a case arises in
which injustice or wrong would result. I
should be opposed to shutting the door to
every mode of relief; and I think the legis-
lature is one of them, and the greatest of
them. For these reasons I shall vote against
the amendment,
Mr. BELT. lam one of those who are friendly
to that modern theory of government which
would rather seem to base itself upon the
theory of disintegration to the utmost extent
to which it can be carried of the functions of
the State; provided, of course, we can pro-
serve its political integrity and unity; in other
words, that theory which would reduce the
practice of self-government down to the very
narrowest possible limits. Therefore, I am
not one of those who find fault with the prac-
tice under which there has accumulated so
large an amount of local and special legisla-
tion. On the contrary, I look upon that fea-
ture of the laws as constituting one of the
wisest and most glorious features of her his-
tory, for the reason that it is based upon a
theory of action which was believed to be
best calculated to promote the happiness and
local well-being and welfare of the people.
The amendment of the gentleman from Bal-
timore city is more particularly directed to
special legislation, and that class of special
legislation known as local laws. What was
the foundation of the local and special legis-
lation Of Maryland? What was the reason
of the fact—for I suppose it is a fact—that
where you find one general law of this State,
yon will find fifty and perhaps a hundred of
a local character? It arises from the pecu-
liar condition and situation of our people.
There never was upon the face of the earth, I
suppose, a political community bound together |
