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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 145   View pdf image
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145

otherwise, then our ancestor* who formed this
Constitution muat have expected that the right of
the majority could alone be secured by blood-
shed — experience was not necessary to inculcate
the lesson that a minority never surrender power
by voluntary action. Gentlemen will perceive,
that the doctrine he was seek in z to maintain,
was this, that the people had intelligence enough
to make or unmake a Constitution without a re-
sort to pikes and guns. Aye, sir! without being
ground to the earth by the iron heel of despo-
tism; without being the victims of tyranny; the
people may, and of right ought to, alter their
form of government, with a view to the adop-
tion of A better system of government; to avail
themselves of the improvements daily made in
the science of government; to keep pace with
the onward progress of free principles. While
be spoke, we were in the midst of a revolution,
not only " bloodless as yet," but, to borrow a fa-
miliar phrase, all is " as calm as a summer's
morning."
Without the machinery of a legislative act, or
forms prescribed by the Constitution, he insisted,
that the people might take into their own hands
the work of reforming the Constitution, and they
would be seldom found tq act on light and trivial
grounds. He supposed a case, that the people of
Kent county chose to meet together for the pur-
pose of framing a Constitution, and that instru-
ment was proclaimed by that meeting and sub-
mitted to the people of the State, would, they
have a right to adopt it ? and if assented to by
the political power of the State, would it not be
valid and binding? All forms are mere matters
of converge, and are not obligatory-
Mr. CRISFIELD asked by what process this Con-
stitution of the people, if ratified, was t* be car-
ried out? How did he propose to ascertain if it
was ratified by a majority?
He should come to that presently, and in pass-
ing, need only say that when the gentleman from
Somerset, (Mr. Crisfield,) and the gentleman
from Kent, (Mr. Chambers,) both denying the
constitutional right of the Legislature, (as did the
party to which they belong, in many a hard
fought contest,) to pass the very act which call-
ed this Convention into being, and likewise de-
nying that "the ends of justice have been perver-
ted, and liberty manifestly endangered,"(the rev-
olutionary right,) and pass through the fiery or-
deal witb their robes unscorched; (it will not do
to aay, that they hold their places by as good a
title "as any one else," possession not being a
good plea in foro consctenfta;,) it will be time
enough for Uiviu lu acl iu Judgment u^uii llic
modes the people may hereafter adopt, to de-
clare their will, and when they do so declare
pos»ibly,these gentlemen may be members of the
Convention.
Bot, sir, for the sake of the great principle he
would b« more explicit. He held the doctrine
that the people— that is, a clear and unquestion
able majority— have a right to determine in wha
mode their will is to be proclaimed, and permi
him to say, that whenever they shall speak ir
thunder tones and adopt a Constitution in sue!

19

mode and manner, as to evince to the world that
t is the expression of a majority, no polMetl
Canute can be found to sta j the onward tid» ef
mblic sentiment; it will come to the practical
est of public opinion, and ss was admitted by
the gentleman from Kent in a former discussion,
when he held this Convention to be unauthorized
>y any recognized form of law, that, neverthe-
ess, the Constitution which they should present,
none but a madman would dare oppose, after it
tad met the sanction of the people. He did not
expect that there would be found any man bold
enough to say that such a movement should be
Hit down by executive batteries. j
If the proposition he sought to maintain was
regarded as unsound, let some gentleman bring
forward a proposition disaffirming it. The dif-
ference between himself and those who opposed
the amendment Was this : They no doubt enter-
tain a fear that if we recognize this principle,
that the people have the right to alter or change
their Constitution at will and pleasure; that they
will abuse that right, and that it will be exer-
cised without sufficient reason, and for light and
trivial causes. B j what authority is this judg-
ment pronounced against the virtue and intelli-
gence of the people? He entertained no Such
opinion as to the great mass of the people. If he
thought so he would openly confess that the
great experiment which was being tried, wheth-
er man was capable of self-government had prov-
ed a miserable failure. Gentlemen must not
confound the term people with that of moo. Give
them, sir, a good Constitution, and they will ap-
preciate it as an unpurchasable treasure. They
will cling the closer to it when the tempest of
passion is aroused by demagogues, and in the
fall enjoyment of liberty and happiness, they Will
not exchange the tried gold for the counterfeit
presentiment.

Mr. P. having concluded,
Mr. CHAMBERS obtained the floor, but yieltted
for the moment to
Mr. HICKS, who said he wished to offer an
amendment, but not to make a speech upon it.
He desired simply to state that if the proposition
of the gentleman from Baltimore city, (Mr.
Presstman,) was adopted, that contained in his
(Mr. H .'s) amendment, must necessarily go
with it.
Mr. H. 's amendment was read as follows :
Amend said amendment by adding at -the end
thereof, the following:

"And that any portion of the people of thi«
State, shall have the right to secede and unite
themselves, and the territory occupied by them,
to such adjoining State as they shall elect."
Mr. CHAMBERS said in reply to the call for his
opinion. Why if the people were supreme, the act
convening the Legislature was not constitutional,
he had only to repeat, as he had before said, it
was because the bill of rights and the constitu-
tion positively forbid any change in the organic
law, except in the mode prescribed in the S^tfi
article. He did not mean to enter Upon ' a dis-
cussion of the doctrines of the reform party. He
would, however, say, they take^thelr origin long



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 145   View pdf image
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