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be exercised. If the whole Legislature of the
State, by one compact, unanimous vote, should
undertake to invade private rights, I will never
five my sanction to the proceeding. Therefore,
desire to strike at the root of this power, and
to substitute for the report of the committee, the
provision reported by the gentleman from Balti-
more city, (Mr. Presstman.) He has struck the
idea precisely. If the State of Maryland needs
the use of our slaves, she can have them, just as
she can have any other property. But I will
never concede that the Legislature can take away
private property, except for public use, although
every other member of this Convention should
sanction the doctrine.
Mr. BRENT, of Baltimore city. Will the gen-
tleman read his substitute ?
Mr. BOWIE. I have not yet offered it, but I
shall do so, unless the gentleman, (Mr. Jenifer,)
will consent to let the report He over.
Mr. BROWN. This debate is altogether pre-
mature, and I do not think the point of the case
is seen by either gentleman. The report of
the gentleman from Charles, (Mr. Jenifer,) is
copied from the provision of the existing Consti-
tution, which declares that the relation of mas-
ter and slave shall not be changed except by an
amendment of the Constitution. Mow, suppose
that when we make our Constitution, we do not
leave the amending power with the Legislature,
and I for one, shall go against leaving it with
them — no Government has a right to take pro-
perty except for public use; but does not the
gentleman from Charles, see that if .we make a
Constitution by which the right of the Legisla-
ture to amend, Is taken away, a portion uf Uiis
report falls to the ground. Or, is the gentleman
willing to say that the Legislature shall have the
power to amend as to one particular species of
property, and as to no other ? I want to take
that power away. I think the best plan would
be to lay this proposition ok the table until we
can see what the Convention will do with the
amending power.
Mr. BOWIE. I now offer my substitute.
The substitute was read as follows :
"The Legislature shall not pass any law to
abolish the relation of master and slave as it now
exists in this State."
Mr. JENIFER. If I could perceive that the sub-
stitute proposed by the gentleman from Prince
George's, (Mr. Bowie,) would be of [any greater
effect than the provision which I have reported,
I would not object to its adoption. I shall not,
under present circumstances, press this question
to a vote. I rose merely for tha purpose of say-
ing, that if the gentleman from Prince George's
supposes that the committee in directing this re-
port to be made, contemplated any thing like a
sanction to an infringement upon the rights of
the citizen, or that they would not guard those
rights with as strong a will and as devoted a pur-
pose as the gentleman himself, he is greatly mis-
taken. The committee believed that the clause,
as it now stands, was as stringent as it could be
made. And I am very much mistaken if the
gentleman from Carroll, himself, (Mr. Brown,)
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did not engraft this very provision on life Consti-
tution.
Mr. BROWN. It was placed there at my in
stance.
Mr. JENIFER. The clause makes this princi-
ple in fact a part of the Constitution, which can-
not be altered except by another Constitution.
Does the gentleman mean to say that we are to
make a Constitution which shall remain for ever
just as it is — that it shall never be altered or
changed ? I shall say no more now; but, as the
report has not been printed, I am willing that its
further consideration shall be postponed to Mon-
day next.
Mr. BROWN. I desire that the gentleman should
understand the point of my remarks. I say that
if the amending power of the new Constitution
remains with the Legislature, the course of the
gentleman from Charles, (Mr. Jenifer,) will be all
right. I do not take back a word I said in 1836.
No, I would strengthen it if I could.
The further consideration of the subject was
then postponed until Monday next.
THE HALL.
Mr. BRENT, of Baltimore city, from the com-
mitee heretofore appointed on the subject of the
furnaces, &c., made the following report, which,
after a few words of explanation from him, was
adopted :
" Ordered, That this House will on Friday
next, adjourn to the Monday following, in order
to allow the furnace to be repaired, and that the
committee appointed to superintend the comfort
of the Hall, be authorised to contract with some
suitable person to examine and repair the fur-
nace and to ventilate the room properly."
Mr. BROWN moved that the Convention pro-
ceed to the consideration of the report of the
committee on the executive department.
This motion led to some conversation as to the
order of business, between Messrs. SPENCER,
BLAKISTONE, PHELPS, GRASON and the PRESI-
DENT, after which, on a suggestion made by
Mr. TUCK, that the Convention proceed to the
consideration of the report of the committee on
the elective franchise;
Mr. BROWN withdrew his motion.
Mr. TUCK then submitted his motion.
The first section of the report was then read.
A desultory conversation followed as to the or-
der of proceeding.
Mr. DORSEY suggested that the report should
lie over, so as to give gentlemen an opportunity
of examining the printed report as it came from
the committee of the whole, and he made a mo-
tion to that effect.
Mr. TUCK. I suggest to the gentleman to name
a day — say to-morrow.
Mr. DORSEY. I accept the suggestion.
Mr, BRENT, of Baltimore city, opposed the
postponement, on the ground that it would be
better that the Convention should goon and com-
plete one part of the Constitution, before com-
mencing on another.
Some conversation followed between Messrs.
BRENT, of Baltimore, and CHAMBERS, of Kent-
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