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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 360   View pdf image
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360
of a bill by the General Assembly, so to alter,
change or abolish the same, provided such bill
shall he published at least three months before
a new election, and shall be confirmed by the
General Assembly, after a new election of Dele-
gates in the first session after such new election.
2d. That a Convention to alter, change and
abolish this form of Government, and the Decla-
ration of Rights, may be called by the passage of
a bill for that purpose provided such bill be pub-
lished at least three months before a new elec-
tion, and shall be confirmed by the General Assembly
after a new election of Delegates in the
first session after such new election.
Mr. FITZPATRICK, from the majority of said
committee, moved the following as a substitute
for the said report :
At the session of the General Assembly, next
succeeding the return of every census of the
United States hereafter to be taken—it shall be
the duty of the Legislature to take the sense of
the people of Maryland at the next general elec-
tion of Delegates to he held thereafter, for and
against a Convention—and if It he ascertained
that a majority of the people are in favor of a
Convention, the Legislature shall take measures
for the election of Delegates to and for the as-
sembling of the Convention at the earliest convenient
day.
Mr. BRENT, of Balt. city, offered as a substi-
tute for said reports the following :
"It shall be the duty of the Governor in the
month of in the year eighteen hun-
dred and sixty, and in the same month every
ten years thereafter, to issue his proclamation
in the most public manner, giving at least thir-
ty days notice that at the next general election
of Delegates, the voters of the State may vote
by ballot for or against a Convention, and the
Judges of election shall count all ballots for or
against a Convention, and separately return a
full list of all said ballots for or against a Con-
vention, to the Secretary of State, and the same
shall be counted by the Governor and Secretary
of State, and if a majority of said votes shall
be cast against a Convention, the Governor shall
make proclamation of such result, but if there
shall be found a majority in favor of a Conven-
tion, it shall immediately be the duty of the
Governor to give at least sixty days notice in
the most public manner, of a special election
to be held at such time and places within six
months thereafter, as he may prescribe, and at
such special election, each county and the city
of Baltimore shall elect as many Delegates as
the said county and city respectively have on
joint ballot in the General Assembly, and the
Judges of election shall certify full returns of
the ballots cast at such special election, to the
Secretary of State, and the same shall be count-
ed by the Governor and Secretary of State, and
the persons having the highest number of votes
in each county and the city of Baltimore, ac-
cording to the representation herein allowed,
shall be declared elected, and the Governor shall
immediately make proclamation thereof, and at
the game time designate a day for the meeting
of said Convention within two months there-
after; and the said Convention shall meet in the
Hall of the House of Delegates, or such other
place as it may select, and when assembled,
the said Convention shall elect such officers as
it may deem necessary, and shall be the Judges
of elections and qualifications of its members,
and shall prepare a new Constitution To be submitted
for ratification or rejection, to the quali-
fied voters of the State, and if ratified, to be
carried out, in such manner and at such times as
the said Convention may provide; and the Trea-
surer of the State shall pay to the order of the
President of said Convention, a compensation
of four dollars per diem to each member during
the time said Convention shall be in session,
and in like manner such expenses as said Con-
vention shall think proper to incur by its orders
or resolutions, provided the said Convention
shall not sit longer than six months.
Mr. SOLLERS suggested that as perhaps the
propositions had not been considered by the
members, their consideration had better be post-
poned until the substitute of the gentleman
from Baltimore city could be primed.
Mr. BRENT; concurred in the suggestion.
The report of the majority proposed to secure
the right of the people to hold a Convention,
independent of any legislative action.
He regarded this as a most sacred right, and
desired a provision engrafted in the Constitution
authorising the people to vote every ten years,
as to the propriety of calling a Convention to
revise the Constitution.
Mr. THOMAS did not know what business they
would proceed with, if the consideration of this
report should be postponed. If they should
proceed with the judiciary report, members
would move various propositions, which would
have to be printed, before considered. He ex-
pressed an earnest desire to proceed with the
subject now before them, that they might here
the respective views of the gentlemen who had
submitted propositions,
Mr. SOLLERS said that he was willing to acquiesce
in the with of the Convention,
Mr. BOWIE said that by the substitute of the
gentleman from Baltimore city, the people of the
State, at a period of every ten years, were to be
called upon to decide the question whether there
should be a Convention or not. The objection
to this system were so glaring, that none but
such men as his friend from Baltimore, et id omne
genus, who belonged to a school of ultra political
reformers, would go with him. He, (Mr. B.,)
rather supposed that no matter what their differ-
ences might be in regard to the question of the
right and power of the people to change their
organic law, they all agreed that there should
not be a constitutional injunction requiring the
people at particular periods of lime, to meet
together to change their organic law, whether it
required amendment or not.
If he understood the report of his friend from
Calvert, (Mr. Sollers,) it was as broad and liberal
as man could desire—that was, that the Legisla-
ture might amend the Constitution whenever


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 360   View pdf image
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