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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 148   View pdf image
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148

the people had * right to. change their Constitu-
tion. No man could deny or fetter this right.
But he entered his protest against some of the
doctrines which had been laid down, and the ef-
' fect of which might be the substitution of tyran-
, ny in the place of our free institutions. Admit-
ting the abstract doctrine, the question is, who
are the people of Maryland who are to be em-
powered: to make a Constitution? Are they a
multitudinous assembly, or are they agents, legal-
ly elected by qualified voters? It can only be
ascertained by the ballot-box who are the repo-
sitories of this power. It is the ballot-box that
overthrows all the abstractions of the gentleman
from Kent. He differed from his colleague who
bad expressed his opposition to the action of the
legislature in framing a Constitution.
Mr. PRESSTMAN asked his colleague if he
thought there was no other way of obtaining a
change of the Constitution, but by a legislative

.net? ". -,.'..'"'

Mr. BRENT replied, there was none. All must
be orderly and legally done. That done, he was
ready to go with his colleague through all the
danger which was anticipated by some, from be-
ginning to end. But there was no other way,
except through the law. How could it be prov-
ed .that there was a majority of the people in fa-
vor of any movement, but through the bal lot-box ;
and the ballots must be deposited b; qualified vo-
ters, before legally appointed judges of elections,
and according to the prescribed forms; and when,
in this way, the votes of the people shall be giv-
en m favor of the Constitution on which we are
BOW engaged, it will have all the power of an
organic Taw. The influence of the people is om-
nipotent, in a moral sense, at the ballot-box; and
in a physical sense, when a resort to violence is
resolved on. The majority which has made the
compact has the right to revoke it. It is not like
a compact made between two sovereign States;
it is an agreement made among each other, and
therefore may, at any time, be changed by the
people who made it. It is not like the laws of
the Medes and Persians. It may be altered at
any time. If the people choose to say this Con-
stitution shall not be revoked, still the same peo-
ple may revoke it at any time by a resort to the
ballot-box, or by physical force. While he would
vote for the proposition, he differed from his col-
league in his view of the manner in which the
Constitution may be altered. There was no way
to ascertain the sense of the majority of the peo-
ple but by the ballot-box.
Mr. PMSSTMAN asked, supposing that the Leg-
islature thought inexpedient to call a Con-
vention, was there no such thing as a peaceable
revolution ? And if there is no provision insert-
ed in the bill of rights to meet this case, the ef-
fect would be, that, in such extremity, the peo-
ple might be driven to a bloody revolution, which
if unsuccessful, would bring on all engaged in it,
the penalty of treason. He wished to know if
there was ne mode of bringing about a peacea-
ble revolution? •

Mr. BRENT replied, that .-there was no such
thing as a peaceable revolution. He asked his

colleague ii a company of individuals were to get
together, and take jiosaession of the polls, and ap-'
point the judges of election, would they not vio-
late the law, and render themselves liable to
punishment' The ballot box would be corrupted
by such conduct, and no one could foresee the
evils which would result from this kind of revo-
lution. The only way in which the people can
secure future Conventions, without legislative
action, is to insert a provision that a Convention
shall be held every seven years; and if the legis-
lature is not to be permitted to act, he could de-
vise no other mode by which it could be effect-
ed. Otherwise, it must be brought about here-
after, as it had heretofore been, by an act of the
legislature. There was only one other peace-
able mode, if such it could be called, that is, if
the people should rise in the majesty of their
power, and present themselves in such overwhel-
ming numbers that those who had been entrust-
ed with the charge of the Government should
quietly yield and abandon their posit without
resistance.
And then pending the question,
The Convention adjourned until to-morrow
at 11 o'clock.

«*

WEDNESDAY, January 39, 1851.
The Convention met at eleven o'clock.
Prayer was made by the Rev. Mr. GRIFFITH.
The roll was called, and a quorum being pres-
ent, the journal of yesterday was read and ap-
proved.
The PRESIDENT stated that reports from com-
mittees were now in order.
No reports were made.
Mr. DORSET presented the petition of James
Sykes and others, praying that Howard District,
of Anne Arundel county, may be made a sepa-
rate county, to be called "Howard county."
The petition having been read,
Mr. DORSEY moved its reference to the Com-
mittee on representation.
Mr. BOWIE moved its reference to a select
committee.
The propriety of the reference was briefly
spoken to, by Messrs. GWINN, BOWIE, SMITH
and HABBINE.
The question was then taken and the petition
was referred to a select committee.
The PRESIDENT announced the following gen-
tlemen as composing the said committee :
Messrs. DORSET, BOWIE, SMITH, HARBINE,
and RICAUD.

TUB HALL.

Mr. MAGRAW called the attention of the Con-
vention to the order whicji had yesterday been
•adopted, providing for an adjournment over Sat-
urday for the purpose of repairing the fur-
naces. ;.....

Mr. M. referred to the inconvenience to whieh



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 148   View pdf image
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