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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 153   View pdf image
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153

of rights, that after a Constitution is established
approved by the people of the State, and becomes
thfe organic law of the land — a bare majority, re
gardless of the provisions of the Constitution from
caprice, or inflamed by popular excitement, have
a right to overthrow the Constitution without the
forms of law. In this he is supported by ble elo-
quent friends from Frederick, (Mr. Johnson ant
Mr. Thomas,) the former of whom, so emphati-
cally expressed his opinions, "that the people,
the immortal, the eternot people, could do whal
Ihey pleased."
Mr.J. said, be would ask his friend from Bal-
timore, whether |the Constitution about to be
adopted, should it be confirmed by the people oi
the State, would not become the law of the
land?
Mr. PRESSTMAN replied, that it would — but
that the people had a right to change it.
Mr. J. said, he conceded that right to the ut-
most extent, and read the 1st, 4th, and 41st arti-
cles of the bill of rights, to show that it was re-
cognized in express terms.
The 1st article provides, "That all govern-
ment of right originates from the people, is
founded in compact only, and instituted solely
for the good of the whole."
The 4th article: "That whenever the ends of
government are perverted, and public liberty
manifestly endangered, #c., the people may, and
ef right ought to do, reform the old, or establish
a new government." And the 41st provides for
the manner of altering or abolishing the Con-
stitution.
Mr. J. asked, what language can be more ex-
plicit? Here the rights of the people are pro-
tected for the good of the whole. But a mere
majority tumultuously assembled from the city
of Baltimore and the adjoining counties, with-
out form of law — without "the ends of govern-
ment being perverted, or public liberty endan-
gered," assuming to control the whole State
for political or worse purposes, should not be
recognized in a bill of rights.
If the people — the "eternaU>the immortal peo-
pleV' cati abolish theirown Constitution, and es-
tablish whatever they please, whenever they
please, regardless of law and order, what be-
comes of the rights of the minority, which, per-
haps, may be only a few thousand or a few hun-
dred less than that majority?
Look at the populous city of Baltimore now
numbering 170,000 souls; Baltimore county near
43,000; Frederick county near 40,000; their in-
terests in many respects identical. By the facil-
ity of your railroads and other works of internal

unpi o vomont, tho whole population may bo ool

lected in a mass, in twenty-four hours. This as-
sembled multitude without law or order — with-
out even the knowledge of the distant counties of
the State, being the "eternal people," may
"throw off the existing and establish a new Con-
stitution." Such is the construction which the
remarks of gentlemen justify.
The gentleman from Baltimore city, (Mr.
Presstman,) in a former speech, took a states-
man-like view of the question of reform, and ex-

20

pressed his opinion that the re was not an intelli-
gent man in Baltimore, under existing circum-
stances, who expected or desired representation
based exclusively on numbers. He has been
justly complimented for that speech. But now
the ground he takes is infinitely more objection-
able, (Mr. J. said,) and he might add, dangerous
to the interests of the counties of the State.
You have, Mr. President, only this morning
engrafted the first article in the new Constitu-
tion about to be formed: "That the Legislature
shall pass no law afiecting the existing relation
of master and slave in this State." This article
has been adopted by a unanimous vote of the
Convention. This was intended to put to rest
the fanaticism as regards this question in Mary-
land, and would do so, as long as the Constitu-
tion and laws are respected.
But, if you recognise the right of a bare ma-
jority, ''at all times, and in any manner they
deem expedient," to abolish the existing and es-
tablish a new system — what becomes of the rights
this day guarantied by the unanimous vote of
this Convention ? Where is the security for a
month's continuance of it? If the city of Balti-
more with the two counties referred to, who
have less interest in this species of property than
any other portion of the State, should deem it
expedient to abolish it — what are the modes of
preventing it ? The lower counties cannot rise
up in mass, as can be done in the others. It is
true, that the gentleman from Dorchester county
(Mr. Hicks,) perhaps, apprehending this state of
things, has offered an amendment that the Eastern
Shore should have the tight to secede and unite
with another State.
Mr. President, the time has been when the
word "disunion" applied to the general govern-
ment, or "secession" to the counties of a State,
fell upon my ear as the words of a traitor, but
occasions may arise, when they may become the
language of patriotism.
Once admit that a dense mass congregated' to-
gether without the forms of law, "whenever they
Jecm it expedient, " may abolish your Constitution,
that doctrine advocated in this Convention by gen-
tleman representing a high minded, intelligent
and law abiding constituency — the right of SB-
cession, should go "pari possa," with it. It wottM
jecome the duty of the Eastern Shore and of th«
ower counties of the Western Shore to adopt
any means to protect themselves, their liberties
and their property, from revolution and anar-
chy.
Mr. J. said we should not shut our eyes Ar
ears to the warnings of experience. Massachu-
setts has had to contend with lawless spirits par-

rading portions of hor heretofore quint State.

ihode Island has been the theatre of anarchy. ,
The populous cities of New York, Philadelphia
and Baltimore, have at different times felt the ej-
ects of an uncontroled and excited populace.
Similar scenes may again be inflicted upon them,
tat none have ever, until now, advocated it as a
right.
A few years since the whole 'of Maryland felt
is Baltimore, experienced the want of salutary
aws, or a proper execution of them, to protect the



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 153   View pdf image
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