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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 370   View pdf image
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370
tem they might adopt. It was his belief, when
the people found that they would have, in a giv-
en number of years, the power of voting for a
Convention they would submit patiently, cheerfully,
to all the inconveniences to which they
might he subjected. And moreover, if they saw
beyond that, at approaching intervals, a time
when the same right would occur to them,
they would not causelessly exercise their right of
calling a Convention, hut would wait until the recurrence
of that second epoch. That was his
opinion as to the mode in which the people would
act. There was one course of proceeding, how-
ever, in which he had faith, and it was this:
"That when you are going to trust the people, do
it fairly, openly, fully. Show them that you
place a generous confidence in their integrity and
intelligence." That was, (Mr H. continued.)
the way in which the people should be treated.
We placed this right, therefore, unreservedly in
their hands. The people of Maryland were
united for many purposes, and as they were united,
they would decide upon this question one
way or the other. What was the effect of the
periodical recurrence of the right of changing
their agents, and did it bear any analogy to the
constantly recurring right if changing their or-
ganic law? If they were satisfied with the right
which they knew would happen soon, to change
their organic law, then to the same extent they
were satisfied to obey the laws, because they
knew they bad the power to change them—the
effect would be to tranquilise the public mind.
Now, the effect of the right to change their legislature
—to act in that sedative way—was, that
the people obey a law while it is a law. Why?
They knew the power would soon come round
to repel an obnoxious law. If they were not sat-
isfied with the Executive branch of the govern-
ment, they respected and obeyed him Why?
Because they saw at a little distance ahead, an
opportunity would be given them to change that
agent. And the result of that was—a tranquillity
constantly existing in the public mind. It was
an interesting thing to see bow that question
worked in its great extent. It worked admirably
in the Government of the United States,
where there was greater power reposed in the
President of the United States, than there exists
in the Queen of England. She could not carry
on the government one month, unless she had a
majority in Parliament but the ministry would
be immediately dissolved. The Executive branch
of the government was completely changed in
its course. That was not the case in the United
States, where the President could continue to
carry on his government from year to year, with
a clear majority of both Houses against him,
with only a corporal's guard in Congress and a
Cabinet, in whom nobody had any confidence.
We knew that that bad been the case of one
of the Presidents of the United States. The
Queen of England, on the contrary, could not
have stood twenty-four hours in that situation
and yet that President went on to the end of his
regular term, and the laws were all obeyed, and
the government moved on in entire peace and
the foundation. Why was it: so? He, (Mr.
Howard.) could not discover any other reason,
than that the people of the United States fore-
saw they would have the power in the ballot
box to replace things according to their pleas-
ure. That administration would go out, and an-
other would take its place; and conscious of the
possession of that power, they stood tranquil and
saw the government managed, year after year,
with only a corporal's guard in each House. If,
after exhibiting so much patience, wisdom, and
obedience to the laws, in that instance, he
thought it was fair to suppose that the people of
Maryland would evince a like conduct in refer-
ence to a change in their organic law. They
would submit to all the evils of the Constitution
for ten years, till the time occurred for making
a change, and that he thought was a reasonable
time when the question was to be put. In the
meantime they would reason with themselves
whether it was worth while to incur the expense
of another Convention, to change a form of gov-
ernment, which had, perhaps, better be tried a
little longer—another term—even if the evils
were great. With regard to the question of the
Judiciary, they might choose as to the system.
If it was wrong, or didn't work well, they might
still conclude to try it a little longer. There was
no question that entered so deeply into the or-
ganization of society, as that self-same judiciary
question. It was the only one which come home,
daily, to every man's personal interests and pre-
judices. It was spread all abroad throughout the
land and it might not be going too far to say
that the great benefit of government, was in a
faithful fulfilment, and a due and rigid and economical
administration of justice. As to that
question, he did not know how this Convention
would sell ie it. But, the people might well
pause before they went to the expense of another
Convention.
With reward to the fears expressed, that a Gov-
ernor might be elected who would refuse to issue
his proclamation for the call of a Convention, he
thought they were ill founded. It was far bet-
ter, in his opinion, to trust the Governor than
the Legislature. He had no idea, that under any
conceivable state of things, the people of Mary-
land would ever elect a Governor so faithless to
his duty and to the Constitution, as not to carry
the wishes of the people into effect. In his
judgment, the most effective way to attain this
object, was to make it the duly of the Governor
to issue his proclamation, and to fix the respon-
sibility upon him alone. In that way we would
carry out the provision of the Constitution, and
he hoped we would attain a great and lasting
good. Many causes might prevent the Legisla-
ture from passing a law to sanction the call of a
Convention. Want of time was a real or alleged
reason for omitting to pass many laws and might
be so in this case. A difference of opinion be-
tween the Senate and House of Delegates, often
caused many bills to fail. But if the Gov-
ernor alone should be clothed with the responsibility
of issuing a proclamation, calling upon


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 370   View pdf image
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