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Now, by looking at the 3d section of the 4th
article of the Constitution of the United States,
-gentlemen would gee that: it was declared that
"«*W States may be admitted by Congress into
this Union : but no new State shall be formed
or erected within the jurisdiction of any other
State." That was to say, for example, that the
Eastern Shore could not he erected into a new
State within the jurisdiction of the State of
Maryland.
Mr. HICKS interposed and said, that he had
forgotten in the remarks which he submitted to
the Convention, to call its attention to an order
which he had introduced some weeks ago, and
which was referred to Committee No. 14, in re-
lation to the grant of this power in the bill 'of
rights. It was not to form a new State, but to
unite the Eastern Shore to the States of Virginia
or Delaware, upon such terms as might be mu.
tually agreed upon.
Mr. STEWART, of Caroline, resumed. To unite
the Eastern Shore to the State of Delaware was
just as much the creation of a new State, as the
admission of Texas was the admission of a new
State : because the word " State," as he under-
stood it, referred not so much to the territory as
to the government. The people and the govern-
ment, taken together — laws, property, &c.,— all
these things constituted a State. So, if the East-
ern Shore were united to Delaware, such a union
would be just as much the creation of a new
State as if Delaware and the Eastern Shore were
now a territory, and should be received into the
Union as a new State.
But he would not be diverted from the purpose
iforVhich he had risen, which was to show that
•we already possessed the right asserted in the
amendment; for the latter clause of the same
section of the Constitution of the United States,
which he had already cited, went on to say, " nor
•any State be formed by the junction of two or
.more States, or parts of States, without the con-
sent of the Legislatures of the States concerned,
.as w«ll as of Congress."
If Delaware and the Eastern Shore agreed that
the .Eastern Shore should become a part of Dela-
•waise, and made application to Congress and Con-
gr«es gave its consent, and if a like consent should
also be given by the Legislatures of the two
States, then the union: might take place.
But where was the licensed high priest to
marry the Eastern Shore to Delaware or Vir-
ginia ? He had heard of the union of individuals
brought about by money, where it was consid-
«red that a most beneficial arrangement had been
effected. But here we proposed to offer our-
selves as a virgin arrayed in matrimonial gar-
ments— with what recommendation T Why, the
recommendation of an enormous debt. He was
afittid llial viu~ clituuia vruuld bo disregarded ,
• and he did not wish that any portion of the State
should put herself in such a position. It seemed
to him that it would be well to amend the propo-
sition of the gentleman from Dorchester, (Mr.
Hicks,) by addiag the words " provided we can
get any State to accept of us." There must be
•a mutual bargain, and H might- happen: that the
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State to which the Eastern Shore desired to
unite herself would not acefept her.
But he thought it was too late to ask that the
Eastern should secede from the Western Shore.
He alluded to the dark clouds which had over-
shadowed the horizon of Maryland, as having
passed away, and being followed by the promise
of calmer skies and brighter hopes.
He characterized, as a strange doctrine, the
principle which had been asserted here, that it was
necessary to engraft upon the Constitution a pro-
vision specifying the mode in which the organic
law should be changed. He held that the peo-
ple were just as sovereign, and, he might say, as
divine over their government, as the Great Ru-
ler of the Universe, was over His. They were
sovereign — supreme — uncontroled.
As to the argument that Government was a
compact, he regarded it as just such a compact
as a man might make with himself. He might
resolve and re-resolve; he might form his own
government, and change it as he thought proper.
So it was with the people. He cared not whether
the provision was in or out of the Constitution,
if the people said they would change their gov-
ernment, they could do so — they would do so — •
and they ought to do so. He proceeded to ex-
amine and illustrate the consequences to which
a contrary doctrine would lead, and to argue
that its result would be a Constitution so framed
as to stand through all changes and though all
time, without regard to the wants or the wishes
of the people. Such was not his doctrine, ar
the doctrine of the people of Maryland.
He should, therefore, vote against the ame,nd-
ment of the gentleman from Dorchester ,(]Vlr.
Hicks,) not because he, (Mr. S.) had any objec-
tion to doing this act, if it were deemed proper
and right, but because he thought that the power
already existed under the Constitution of the
United States. As to the proposition of the gen-
tleman from Baltimore city, [Mr. Presstman,]
he [Mr. S.] could see no objection to it. It was
a principle to which til must subscribe. He was
not in the habit of citing authorities, and would
not now trouble the Convention with them; but
he thoughtjjthat gentlemen would find, that in the
Constitutions of almost every State in the Union,
the same principle1 was contained, and not only
so, but that the tuamers of the Constitutions of
Virginia and other States, had gone so far as to
declare thata majority of the people had a right
to alter and change their Government, in any
way they might think proper.
Mr. JENIFER said, he did not rise to controvert
the principle involved in the proposed amend-
ment of the gentleman from Baltimore city-j (Mr.
Presstman.) He did not believe there was an
intelligent man in the community, who would
deny that the proposition, in the abstract, and
otanding olono, Traa the true republican 4<xy
trine! But it had been embarrassed, and its
meaning perverted by the arguments of gentle-
men, and especially by the, speech of the mover of
it. The amendment assumed the right of the
people to alter, change or abolish their Constitu-
tion. The gentleman from Baltimore goes a step
further, and desires it to be recognized ia the bill
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