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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 104   View pdf image (33K)
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On motion of Mr. McPherson it was
Ordered, That the committee on public works be in-
structed to inquire into the expediency of legislation to
effect a pro rata rate of charges per mile for freight
and passengers within the State of Maryland on all rail-
roads therein.
The report of the committee on the treasury depart-
ment was then taken up, read the second tune and, on mo-
tion of Mr. Dent, was passed over informally.
The consideration of the Bill of Rights was then pro-
ceeded with, article 2 being under consideration. The
article is as follows:
Art. 2. The constitution of the United States and the
laws made or which shall be made in pursuance thereof,
and all treaties made or which shall be made under the
authority of the United States, are and shall be the su-
preme law of the State; and the judges of this State and
all the people of this State are and shall be bound thereby,
anything in the constitution or laws of this State to the
contrary notwithstanding.
The question pending was on the motion of Mr. Mitchell
to strike out the article entire, which was decided in
the negative by a vote of 82 to 21.
Mr. Nelson submitted the following as a substitute for
the second article:
"That the government of the Union and the govern-
ments of the States are supreme within the sphere of
their delegated and reserved powers, respectively; and
that any infraction or modification by either of the pow-
ers or rights of the other is a violation of the compact
upon which the union of the States was founded. "
Mr. Nelson argued in favor of his substitute. The
article inserted by the convention of 1864 was a political
heresy of political heretics. The article now proposed to
be inserted was claimed to be an antidote to the poison,
but it was nothing but diluted poison, and it should meet
the condign condemnation of upright, truthful, honest,
manly democrats. He did not propose to bow to the be-
hest of traitors, either in or out of Congress. He did
not scruple to stand here and avow himself a State's
104


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 104   View pdf image (33K)
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