398 JOURNAL OF PROCEEDINGS [Feb. 16.
it is supposed to have violated or obstructed the right of free
suffrage—because the purity of the elective franchise, as being
the foundation of our form of government, and a necessary
condition, precedent to the enjoyment of all other rights, of
course excels all other topics in its dignity and importance.
The undersigned therefore dissents from a majority of the
committee, because they believe the said majority has erred in
deciding on the validity of the Baltimore returns, in the face
of a solemn protest, alleging extraordinary frauds, without
having before them a scintilla of evidence beyond the returns
themselves—and even these, as the undersigned believe, are
informally and illegally made. And they likewise protest
against a concurrence by the House, with the committee's re-
port, because, in their judgment, it will be an absurdity for
the House to pass its opinion upon a judicial question, invol-
ving disputed facts, before these facts shall have become known
and thoroughly ascertained and investigated, because a con-
currence, under such circumstances, will be in disregard of
the dignity of the House, unworthy of its character and vio-
lative of its constitutional duties; because it will be the esta-
blishment of a reprehensible precedent, discouraging to every
sense of personal right and public justice, and eminently dan-
gerous to the preservation of popular liberty; and because an
investigation of the alleged frauds is due to the spirit of the
law and of our institutions, which must cease to be effective
when they shall cease to be guaranties of the equal dispensa-
tion of justice to the people.
And the undersigned, therefore, very respectfully recom-
mend, that if this House proposes to fulfill its duty to the
people and to itself, it should at once raise a committee, clothed
with full powers, with leave to sit in the recess of the Legisla-
ture, if necessary, which shall, at whatever consumption of
time and labor, eventually succeed in thoroughly examining
and exposing the real state of facts in this highly important
matter.
Which is respectfully submitted, &c,
Geo. H. Morgan,
Richard T. Larrimore.
Which was read.
Mr. Kilbourn moved that the reports of the majority and
minority of the committee on Elections, be made the order of
the day for Monday, the 22d instant;
The yeas and nays were demanded, and appeared as fol-
low:
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AFFIRMATIVE.
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Messrs. Morgan,
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Lynch, of Balt. co.
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Landing,
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Smith, of Balt. co.
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Spence,
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