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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 225   View pdf image
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225 age the diffusion of knowledge and virtue, the
promotion of literature, the arts, sciences, agri-
culture, commerce and manufactures, and the
general melioration of the wants and condition
of the people."
After a brief conversation between Messrs.
JENIFER and DAVIS;
The question was taken, and the modified
amendment was adopted.
The Convention proceeded to consider the
amendments offered on Saturday last by
Mr. GEORGE, as additional sections—to be
numbered articles forty-three and forty-four.
The amendments having been read—
Mr. McHENRY suggested to the gentleman
(Mr. George,) that this proposition would come
in more appropriately as an amendment to the
Report of the Committee on the Legislative De-
partment.
Some conversation followed.
Mr. GEORGE said, that as there seemed to be
some objection to the incorporation of the amend-
ment in the Bill of Rights, he would accept
the suggestion of the gentleman, (Mr. McHENRY,)
and would withdraw the amendment, as also the
other amendment of which he had heretofore
given notice, as an additional section to be num-
bered article forty-four. And he gave notice
that he would offer these amendments when the
Report of the Committee on the Legislative De-
partment should come up for consideration.
The next question was on the amendment of
which
Mr. PARKE had heretofore given notice, and
which he now offered in the words following :
"Article 43. This enumeration of rights shall
not be construed to impair or deny others retain-
ed by the people."
The amendment having being read,
Mr. PARKE said that it was a mere assertion
that there were rights not enumerated in the de-
claration of rights, and that they were retained
by the people. There could not, he thought, be
any impropriety in its adoption,
Mr.SCHLEY invited the gentleman, (Mr. Parke,)
to specify what the non-enumerated rights were.
Mr. PARKE said it was impossible for him to do
so. He presumed that they were very numerous
—so much so as to render it impossible to include
them in the bill of rights. A bill of rights, prob-
ably, might not be absolutely necessary, yet it
was customary to have such a declaration. We
all know that all the rights could not be set forth,
and he thought it would be best to make a decla-
ration that there were other rights which were
not enumerated.
Mr. JENIFER thought that such a declaration
would be entirely out of keeping in this place.
If, as was conceded, the bill of rights took away
no rights, of course every thing which was not
taken away, remained.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 225   View pdf image
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