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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 889   View pdf image (33K)
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889
solute discretion within the ordinary safe-
guards of constitutional liberty, than to
place any restrictions upon them.
My objection to this matter is upon princi-
ple, I think this whole system of attempting
to bind the legislature is wrong in principle,
and will be injurious in effect.
Mr. RIDGELY, in reply to what has been
said by the gentleman from Baltimore city
(Mr. Stirling) in objection to this particular
proposition,, in reference to its possible inter-
ference with local systems of school regulation,
and of school funds, I beg to say that the
farther reason why I shall vote for this pro-
position is that it has for its object a power-
ful auxiliary in support of a general and
uniform system of public education. It is
within the knowledge of the house that we
propose to establish a general system of edu-
cation; a system that shall be uniform
throughout the whole State. And as aux-
iliary to the support of such a system, it is
well provided here that no power shall exist
in the legislature to authorize any local sys-
tems of education; that the power shall be
denied to the legislature to pass any special
act, which shall in the slightest degree inter-
fere with a general and universal system of
public education. And for that reason this
particular branch of the proposition offered
by the gentleman from Baltimore city (Mr.
Stockbridge) will receive my support.
Upon the general theory of the gentleman
from Baltimore city (Mr. Stirling,) in his ob-
jections to a distrust on) the part of this Con-
vention of the legislature, and the results of
limitations upon the power of the legislature, I
am somewhat surprised; because I had
reached the conclusion, from the general
course of that honorable gentleman in this
Convention that he was one of those who was
inclined to be extremely stringent in the
granting of powers to the legislature. I find
throughout this whole article, from begin-
ning to end, that it is one continuous limita-
tion and restriction upon the power of the
legislature. There is scarcely a section in
this article reported by the committee on the
legislative department, that does not impose
a restriction or a limitation upon the general
power of the legislature. It is full of limita-
tions; it is full of restrictions.
And it appears to me to be eminently pro-
per, if we design to establish a uniform system
of public education in Maryland, that we should
deny to the legislature the power to interfere
with that uniform system by authorizing local
systems, or local appropriations, or levying
of taxes for the support of local systems.
And the adoption of this very provision will,
in my judgment, preclude the possibility of
any conflict on the part of county systems with
a general and uniform system of public edu-
cation throughout the State.
Mr. KING. I am sorry to differ in opinion
with my colleague (Mr. Ridgely) in regard
10
to this amendment. Every county in the
State, I believe, has its local laws in regard
to school-houses. In regard to our own
county (Baltimore) we have our school-
houses, and our local fund and local taxes in
support of schools. Now, until there is a
general system provided, which we have not
at this time, our system must go down, if this
amendment is adopted. If there was any
general provision made, then I should have
no objection to this provision. But at pre-
sent, as we have been to the expense of build-
ing school-houses, and have our taxes, as
have every other county in the State, until
there is some general system provided, I must
vote against this proposition.
Mr. STOCKBRIDGE. I would ask the gentle-
men whether the system in his county is regu-
lated year by year by the State legislature,
or by the school commissioners of the county ?
Mr. KING. At present it is regulated by
the school commissioners. But we require
additional legislation every now and then in
regard to it.
Mr. STOCKBRIDGE. For what?
Mr. KING. I do not know as I can specify
now. On two or three occasions we have
had to increase the taxes, and we have had to
call upon the legislature for that.
Mr. STOCKBRIDGE, if the information be
correct as given by the gentleman from Bal-
timore county (Mr. King,) then it is but ask-
ing the legislature to register the decree
passed by the authorities of Baltimore county.
ft is asking the gentlemen from Worcester
and Allegany counties to register a decree
passed by the authorities of Baltimore county,
which they might just as well register for
themselves.
Mr. DANIEL. I would call the attention of
the gentleman from Baltimore county (Mr.
King) to an error into which I think he has
fallen. I understood him to take the position
that if this provision was adopted, then the
legislature could not do anything—or that
nothing could be done for schools and other
local purposes in the counties. Now, in Bal-
timore city, where we have certainly the best
school system in the State—I was about to
say in the United States, certainly as good as
any—we do not depend upon the legislature
for oar school system.
Mr. STIRLING. Where did the city of Bal-
timore get the right to levy taxes for public
schools, if she did not come to the legislature
for it?
Mr. DANIEL. I will answer that question.
The legislature has conferred certain powers
upon certain local authorities to do these
things, and that is just what we propose to
have done by this amendment. I am meeting
the objection of the gentleman (Mr. Stirling)
who says —suppose we fail to get a public
school system, what will we do? Why, the
legislature will still have the power to confer
upon local boards the authority to do certain


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 889   View pdf image (33K)
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