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for the ordinary purposes of legislation, be
would be (he last to complain of the mere vaga-
ries of gentlemen, however wild and fanciful.
They should be free to seek their own objects
in any innocent manner which their hopes and
fears might suggest. But the Convention now
holding its sittings was not of that character.
It had met to frame a new organic and fundamen-
tal law— to wipe away the aristocratic features
and fettering restrictions that belonged to the past
generation, and in their place, provide new sys-
tems better suited to the intelligence and necessi-
ties of the people, and more in harmony with
the wants and progressive spirit of the age. The
task was one of no little labor or light responsi-
bility, and he earnestly invoked gentlemen to
abandon Eutopiau and undigested theories and
bring to the work before them all the wisdom,
dignity and solemnity which the subject and the
occasion alike, imperatively demand.
The proposition before us was in the following
words: [Here Mr. D. read the amendment of-
fered by the gentleman from Baltimore city.] It
asserted the unrestricted and unqualified power
of the people in its broadest and most extended
sense; and in his judgment, was evidently not de-
signed to be followed by any limned and whole-
some constitutional restraint.
This question of inherent power of the people
had already been well and ably explained, and
indeed from the first slight examination, had
seemed so clear and plain, as to, require no mas-
terly argument to bring it within the grasp of the
humblest comprehension. No one imbued wilh
the philosophy of our form of government, and
understanding the great moral principle upon
which it rested, had ever denied the fact, that all
power was in the people, and that from them, as
the great inexhaustible source, all power flowed.
The veryj existence of our Government, the crea-
ture of their hands, and the offspring of their
combined intellect, gives the happiest and noblest
evidence of their free and glorious sovereignty.
They, and they alone, ean bind themselves, and
it is in this very power of binding themselves that
all free government has its strength and origin.
It is this power that ushers into being great com-
pacts, and develops itself in the form of Consti-
tutions and solemn agreements, by which the
whole people are bound up into a mighty body-
politic, under the most sacred obligations and
guaranties (to secure each and all in the mutual
enjoyment of every civil right and political lib-
erty. He conceded to the people even greater
power than the amendment proposed was design-
ed to indicate — for he conceded the power of
binding themselves by a compact of as much
moral force as though executed between indi-
viduals — by a compact infinitely more sacred, be-
cause its violation, either in letter or spirit, would
involve the happiness and peace of a whole peo-
ple. It was because he entertained this great
fundamental maxim as part — aye, as the foun-
dation of his political faith, that he was com-
pelled to take issue with the sentiments now boldly
announced — that the people, or rather that ma-
jorities, could not be morally bound by the
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most solemn contract— nay could not even bind
themselves — but that having the physical power
they must necessarily have the political right at
all times, and in any manner they maylehoose, to
break down every restriction, independent of the
most sacred constitutional compacts, and in defi-
ance of the violated rights of a down trodden and
oppressed minority. If such was indeed the cor-
rect theory of government, every consideration
of social and individual security rendered it im-
perative that some new and more powerful re-
straint should be devised — something more stable
than might be its whims — and more secure than
might be its mercy. Happily such has never
been the design of the intelligent citizens of Ma-
ryland. The Constitution now in being — the crea-
ture of their formation — contains the very idea
of compact, and recognizes its binding power to
the fullest extent. 'Tis every where Med with
conditions and restrictions — mere contracts of
majorities with minorities, imposed, doubtless, for
the protection of sections and communities, and
tending to the general benefit of the whole. The
doctrine now urged was a ne w one — and he in-
dulged the hope would have passed away, long
before it could work out its legitimate and ruin-
ous consequences.
He regarded every provision and guaranty
that had been or might hereafter be inserted in
the Constitution, of as much moral and binding
force, as it was possible for anything to be under
the canopy of high heaven, and they could not
be abolished save in the manner designed, or vio-
lated without the assumption of the most tyran-
nical and arbitrary power, and without open and
flagrant abuse of all individual and political
honesty. True, there was a mode by which
every feature of an existing government could be
thrown aside, without consulting the established
method. But that was revolution — an expedi-
ent not contemplated or provided for in a
Constitution, or by laws. It was a something
without, above, and beyond them all — a fearful
remedy left to man to protect him from tyranny
and oppression, and always to be used under a
high and awful responsibility to the great God
of the Universe.
But it had been gravely argued by a gentle-
man from the city of Baltimore, "that the term
'compact,' in government, implied nothing more
than agreement, andmightatany time be changed
by a mere majority without regard to restric-
tions." And pray, sir, what is the difference be-
tween the words "compact" and "agreement'"
What force does the one carry that might not legi-
timately be deduced from the other. When ne
heard this fancied difference urged with so much
earnestness and gravity, the old and oft quoted
couplet came instinctively to his mind, and he
could not forbear repeating
"Strange what difference there should be,
Twixt tweedledum andtweedledee."
Mr. BRENT here arose and said he hoped the
gentleman would state bis position correctly, be-
fore he likened it to tweedledum and tweedle-
dee; He had said that the* word compact in the
bill of rights, did not mean contract.
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