rist or statesman in respect to any of our State
institutions." Let us pause here a moment.
The gentleman would have us suppose that which
Judge Story never heard of, as being claimed,
•was the idea of Government being founded in
compact. A greater mistake never was made,
He had quoted throughout the whole chapter,
name after name, book after book—amongst
them the Constitution of his own State, saying,
"it is a social compact, by which the whole peo-
ple covenants with each citizen, and each citi-
zen with the whole people. "And had he never
heard of that? The gentleman will find by
reading the preceding pages of that chapter, or
even the last few antecedent lines, that the "no
such claim" refers to a claim like that of inde-
pendent nations—a claim to "negotiate anew,"
"select an arbiter" or "declare war." To make
it mean any thing else, is to make Justice Story
to stultify himself. Why, in this self-same sec-
tion, 337, a few lines below, he repeats the same
doctrine, and yet expressly treats of the "com-
pact" as recognizing it. "No right exists or is
supposed to exist on the part of any town or
county, or other organized body within the State,'
short of a majority of the whole people of the
State, to alter, suspend, resist or dissolve the op-
erations of that Constitution, or withdraw from
it. Much less is the compact supposed liable to
interruption, at the will of any private citizen,
and this according to Mr. Locke, is the true sense
of the original compact by which every individual
has surrendered to the majority the right to con-
trol," &c.
Why talk of the qualities of a compact if there
be none? How, sensibly speak of the sense of
the original compact, if no such thing can be al-
leged ? No, sir, it is the nature and effect of that
very thing of which he had so long and so ably
been discoursing, and let gentlemen think as they
may on other matters, every one who would care-
fully examine the pages of Justice Story, would
look in vain at the 337th section of his 1st vol.
on the Constitution, for any authority against the
doctrine that government was originally founded
in compact, nor did he admit that the high authori-
ty of Mr. Webster was in any degree opposed to
him. He did not allege the Constitution to be
technically a contract or compact. It could not
be enforced in a court of law. What says Mr.
Webster in the speech referred to ? After say-
ing " in strictness," the Constitution is not a com-
pact," he adds, " I believe it is founded in con-
sent or agreement, or on compact, if the gentle-
man prefers that word, and means no more than
voluntary consent or agreement." Indeed the gen-
tleman from Cecil comes to this conclusion at
last—that it is founded on assent and agreement.
It is then but a philological difference between us,
and I rather think that Noah Webster, as well
as his great namesake, will show that agreement
is but another word for compact.
But, after all, the question is of comparative
unimportance. The great and interesting point
is, as to the force and effect of a Constitution as
a mode of executing the sovereign power of the
people.
The absolute right is one thing, but the mode

of enforcing it another. If a trespasser takes
my farm or my horse, I have a perfect right to
repossess myself, but I may not go on the premi-
ses and with a bludgeon knock out the brains of
the one, or seize a revolver and shoot six bullets
through the vitals of the other. That is not the
mode in which the right is to be exercised.
At this point of his remarks, Mr. C. gave way
to a motion that the Convention adjourn.
Which motion having been agreed to,
The Convention adjourned until to-morrow
morning at ten o'clock,
TUESDAY, February 4th, 1851.
The Convention met at eleven o'clock.
Prayer was made by the Rev. Mr. GRIFFITH.
The roll was called, and no quorum being
present,
Mr. RIDGELY moved that the Convention ad-
journ, (with a view to give time for members to
come in,) and asked the yeas and nays, which
were ordered, and being taken, were yeas 0; nays
39.
So the Convention refused to adjourn.
Mr. KILGOUR moved a call of the House.
The motion was rejected.
A quorum was now present.
HOCK OF MEETING.
On motion of Mr. WEEMS,
It was ordered,
that the daily hour of meeting hereafter, be
11 o'clock, A. M.
The PRESIDENT laid before the Convention the
following communication from Jos. C. G. Ken-
nedy. Esq., Superintendant of Census.
CENSUS OFFICE,
Washington, Feb. 3rd, 1851.
To the President of Maryland State Convention:
SIR: I find by an examination of the official
returns (to which my attention was called by a
newspaper statement,) that an error exists in the
returns made for Frederick county, of which the
total population will not vary much from 40,941.
I will send a more particular statement to-mor-
row. We have been much delayed in reconcil-
ing the inconsistencies existing between the re-
turns made by the marshals of the population in
the several sub-divisions, and the number exhib-
ited by the returns themselves.
I regret that the return has been made for
Frederick, so much at variance with the facts,
and hope no great inconvenience has resulted
therefrom.
I have the honor to be, sir,
Very respectfully, your ob't serv't,
JOS. C. G. KENNEDY,
Which was read, and