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guilty of treason. Thus the fust principle of
popular right is denied. Now he could never
admit that the Constitution and laws possess a
power above the people.
Mr. TOOK asked if he understood the gentle-
man from Queen Anne's, as saying, that when the
Constitution has provided a mode by which the
people may change the Constitution, they have a
right to change it in any other way than the
legal way ?
Mr. SPENCER said the people might change
their Constitution, in any way they might think
best. The right is inalienable. He would not
not now go into the question, how the people
might carry oul their will; but he could make
it clear that, when necessary, it might be done
by a. peaceful, tranquil process.
He had only risen, however, for the purpose
of stating what was his understanding, as to the
meaning of compact and law. So far as he was
concerned, he would never consent to let the
Constitution go out to the people in such vague
and undefined terms, as are to be found in the
old Constitution. He wished all the rights and
powers conferred or recognized in it, to be so
clearly defined and expressed, that no one here-
after could misunderstand them. He was ready,
at any moment, to sustain his position. He was
prepared for any argument on the subject, and if
it was denied, he should hereafter defend it.
Mr. DONALDSON said, he was in favor of the
amendment of the gentleman from Kent, [Mr.
Chambers,] and against the admission into the
bill of i ights of any such provision as had been
offered by the gentleman from Baltimore city,
[Mr. Presstman.] He, [Mr. D,] thought it had
been demonstrated, in the progress of this discus-
sion, that the incorporation of such a principle
into the organic law, would be improper, and
highly inconsistent with those principles by
which the State of Maryland had been governed
from the beginning, and with the true principles
%f Government every where. It was, in fact, the
construction put upon the article which gave it
a beneficial or an injurious influence, and if it
was to be left in such a condition that it might
become a ground of quarrel hereafter — if it was
not made so explicit one way or the other as to
place it beyond the reach of those agitating dis-
cussions which work injury to every commu-
nity in which they exist — then it ought not to
be there in any form . He felt surprised that gen-
tlemen, who were the advocates of the unlimited
power of the majority, should desire to
avoid expressing their meaning in terms
which could not be misundeistood. Those
with whom he, [Mr. D.] acted, had no desire
that their views should be misapprehended.
They did not wish that any article of doubtful
import should find its way into the Constitution.
The gentleman from Baltimore county, [Mr.
Ridgely,] had stated that the amendment of the
gentleman from Baltimore city, was an abstract
proposition, and that, therefore, he was opposed
to any qualification being annexed to it in the
bill o"( rights; thus assuming that the bill of rights
was a mere statement of the abstract principles
of Government, subject to such qualifications as
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might be imposed by other clauses in the Consti-
tution. If the gentleman would examine the
bill of rights, he would find that it wa« full of
practical principles intended to be applied to the
legislation of the State. Would the gentleman
say, that the provision which declared, that exces-
sive bail should not be required, was a mere ab-
stract principle? Or that trial by jury was so? Or
the provision which declared that property should
not accumulate in a religious corporation ? And
so as to numerous others. Mr. D. traced
the bill of rights to its early history — showing the
causes which had called it into being, and that,
from the altered condition of things, the neces-
sity for such a declaration had passed away; but
expressed his unwillingness to part with it, for
no other reason than its historical interest. The
practical parts of this declaration might other-
wise be incorporated under various heads in the
body of the Constitution. He insisted that the
proposition of the gentleman from Baltimore,[Mr.
Presstman] in any good sense that could be attach-
ed to it, was already set forth in the bill of rights.
The proposition was susceptible of three con-
structions. The first was consistent with our
views of Government, and with the principles
embodied in the bill of rights : that was to say,
that the whole people might, at any time, change
their form of Government; that all the parties
making a compact, might make a new one; that
was not, and could not be denied. Another
ground was, that a majority of the people (and he
wished this distinction to be observed,) had the
right to call a Convention and to alter the Con-
stitution by the bare right of a numerical major-
ity, without any forms of law. The gentleman
shakes his head. Whether this is his view or
not, it is certainly the view of many gentlemen
on this floor.
Mr. PRESSTMAN. Whatever I may think of
the power of a majority, my amendment speaks
for itself.
Mr. CHAMBERS. But I want to know your
meaning?
Mr. PRESSTMAN. You wish to know more than
I am willing you should know at this time.
Mr. DONALDSON proceeded. He did not say
this was the exclusive meaning, but this was one
of the meanings.
There was another class of gentlemen who
said there must be a legal mode of carrying
out this principle at the ballot box. To that
class belonged the colleague of the gentleman
from Baltimore city, (Mr. Brent,) and he, (Mr.
D.,) placed himself among those who said, that
the object must be effected according to the fun-
damental rule prescribed by the compact. He
had been much pleased to hear the remarks of
the gentleman from Baltimore city, (Mr. Brent,)
on that'point, because that gentleman was much
less radical, (not using the term in any offensive
sense,) than his colleague. In this respect, (said
Mr. D.,) " not to be worst, stands in some rank
of praise."
Here then, was a proposition that was open to
three distinct interpretations. Ought it not to be
made explicit? The evil to be apprehended was
that the clause would receive its interpretation,
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