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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 169   View pdf image
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169

And appetite, an universal wolf,
So doubly seconded by will and power,
Must make, per force, an universal prey,
And last, eat up itself."
Yes, "last eat up itself !" — for such aprinci
pie must die of its own excess. It leads directly
to anarchy; and anarchy never did last long — ii
the very nature of things it cannot last long. Bu
in the mean time a very severe crisis might occur
which might lead to disastrous consequences The
revolution is peaceful to-day, but no one could
say that it would not be bloody to-morrow.
Mr. McLANE spoke at some length, but the
sketch which was prepared, is kept back for re-
vision. It will be published early.
Mr. GWINN, stated that the House had been
told in the commencement of this discussion
that the proposition of his colleague, (Mr. Presst
man,) undeniable as it was in the abstract, was
embarrassed by the differing sentiments express-
ed by those who supported it. The gentleman
from Worcester had argued against its insertion
in the bill of rights as radically wrong, because
it was a mere abstraction declaring only that
which was self-evident, and that it was there-
fore, unnecessary to adopt it as an article. The
gentleman from Anne Arundel on the other hand
was prepared to vote against it as an abstrac
idea, which was dangerous in its tendency. He
could not attempt to calculate the extent to
which these different opinions would influence
the House in its decision.
He desired, however, to say, that there was no
historical proof to sustain the idea that the pre-
sent Constitution was a compact among the coun-
ties, and therefore, the resolution was not objec-
tionable on that account. But the true relation
of the counties to the State would be discussed
hereafter, with reference to the question of re-
presentation, when that subject came up.
The gentleman from Anne Arundel thinks that
our Constitution will derive its sole validity from
the ultimate ratification by the people. If this
be true, and the Constitution be adopted, it is an
admission of the right of the majority to frame a
government, binding on the minority; and this
must be the result. Whatever basis of represen-
tation is adopted, or whatever relation between
the counties is established, the Constitution will
be the ordinance of the majority.
It seemed to him that if the Constitution they
were framing, derived all its vitality and force
from the assent of a majority of the people, that
this House had no right to reject the proposition
which asserted that the people could exercise the
same power hereafter.
1 He maintained that every republican Constitu-
tion contains within itself, expressed or unex-
pressed, the principle that all power resides in the
people, and that the government which proceeds
from them, is revisable by the same authority.
For if it is intended for their advantage only, and
originates in their consent, they can take its ex-
ercise into their own hands, as readily as a
principal can revoke a power of attorney, and
it does not necessarily follow that the exercise of
this power would be an act of revolution.

22

He then referred, as an illustration of the im-
propriety of quoting English statesmen on such
points, to the history of the vacation of the throve
by James the Second, on the invasion of William,
Prince of Orange, and to the reason of th,e dif-
ficulties in which the Parliament was involved.
The discussion given in Grey's Debates, shows
that they were embarrassed by the highly artifi-
cial nature of their Constitution, and all their
proceeding is explicable only by reference to the
fictions of that Constitution. Our ease was differ-
ent, and different rules and maxims should gov-
ern our decision.
Mr. CHAMBERS, of Kent, took the floor, but
yielded to a motion for adjournment.
The motion was waived for the moment, to
enable
Mr. C. to move, that when the Convention
adjourns, it adjourn to meet at twelve o'clock on
Monday.
Ordered accordingly.
And thereupon,
The Convention adjourned until 12 o'clock on
Monday next.

MONDAY, February 3rd, 1851.
The Convention, pursuant to its order of Fri-
day last, met this day at 12 o'clock.
Prayer was made by the Rev. Mr. GRIFFITH.
The roll having been called, the journal of
Friday was read.
The PRESIDENT announced that reports of
committees were in order.
No reports were made.

DESKS, ETC.

Mr. MITCHELL rose to offer an order, in regard
to which, he said, he had not consulted any
other members of the body. He thought, how-
ever, that the'opinions of gentlemen who had had
any experience here, would concur with his
own, as to the propriety of the adoption of the
resolution.
The order was read as follows :
"Ordered, That all the desks be removed from
the hall, and that a large table be substituted
where members can write, and that the commit-
tee appointed for the purpose of examining th«
condition ofthe Furnace, be instructed to have
the flues closed, and that the old fire place be
substituted."
Mr. MAGRAW rose to enquire whether there
was any such committee as a committee on gas.
Mr. MITCHELL suggested that it would be well
so to modify the resolution, as to provide that
gentlemen who might address the Convention,
should, if they thought proper, speak from the
Jatform on which the President's desk stood, jn-
tead of speaking from their own places.
Mr. MCMASTER moved that the order be laid
upon the table.
And accordingly,
On motion of Mr. BRENT, of Baltimore city,
lie Convention proceeded to the consideration of
tie unfinished business of Saturday last.



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 169   View pdf image
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