|
|
words "or which shall be made" "and shall be, -" where
they occur.
Mr. J. Montgomery Peters moved the following as a
substitute for the second article:
"The constitution of the State of Maryland shall be the
supreme law of this State, except when it may conflict
with the constitution of the United States, as originally
framed by the fathers, or as subsequently altered or
amended in strict conformity to the provisions of the
original constitution of 1787; and if any conflict should
arise between the constitution of this State and the con-
stitution as described above of the United States, then
the conflict must be submitted to and settled by the
proper tribunals. "
Mr. Peters supported his amendment in a lengthy
speech.
Mr. Mitchell moved to strike out the article as reported
by the committee, and for the reason that he did not find
it in the Bill of Rights of 1777 or the Bill of Rights of
1851. It had been inserted in 1864.
Mr. Ritchie seconded the motion of the gentleman from
Charles. No one doubted the legal proposition as stated
by the article, and it was a clause in the Federal consti-
tution. It had been placed there by the superserviceable
party which, by the aid of bayonets, had sat here in 1864,
and he was in favor of obliterating every trace of it. That
distinguished jurist, Judge Chambers, had, in that Con-
vention of 1864, assigned two incontrovertible reasons
why it should not be inserted: First, that it was incon-
sistent with an intelligible construction of the Bill of
Rights, and out of place to insert obligations in a Decla-
ration of Rights; and, second, that the only necessity
which could be alleged for it was anticipated hostile State
legislation.
Mr. Stoddert moved to amend article 2 by inserting
after the word notwithstanding, "within the limits of the
powers enumerated in the constitution of the United
States. "
Mr. Carter said, in 1776 and in 1851 these questions as
to the rights of the United States and the rights of the
100
|
|
|
|
![clear space](../../../images/clear.gif) |