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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 375   View pdf image
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375
thus amended, every thing would he provided for,
and he was satisfied.
Mr. SPENCER remarked that a good deal had
been said about the conservative features of the
Constitution, in reference to the different portions
of this government, and much had been said in
reference to the position occupied by the smaller
counties. He knew of no proposition better calculated
to impair the strength of the smaller
counties, than that offered by the gentleman from
Calvert. Under the Constitution now being framed
it was provided that no appropriations of the
public money or credit should be made for works
of internal improvement. This was the declara-
tion of the people of the State, forced from their
representatives by the saddest possible experi-
ence. Yet the gentleman from Calvert, coming
from a small county, whose interest he wished to
preserve, would be willing to give the power to
the Legislature, by acts passed at two successive
sessions, to change the Constitution in that vital
principle.
Mr. SOLLERS said that he was opposed to any
such change.
Mr. SPENCER replied that the effect of the gen-
tleman's provision, would be to give the power
to make the change. Again, the Constitution
provided that the Legislature should not interfere
with the rights of master and servant. Two
successive legislatures could abolish that provi-
sion. He would appeal to the small counties,
and especially to the counties representing this
interest, which was the greater friend to their in-
terests, he who would refuse the legislature the
power over these subjects, or he who should
open the door to them. It was this conservative
feature of the Constitution, which he desired to
see protected, and he would never consent, by
his vote, to allow the Legislature the right to
legislate upon the subject.
Again, the gentleman's proposition allowed
the Legislature at any time to take the sense of
the people, upon the subject of calling a new
Convention. This would leave open the subject
for agitation at all times. Let this Constitution
be ratified with that feature in it, and a single
day would not pass before the subject of calling
a new Convention would be agitated. All sorts
of appeals would be made to the Legislature,
from that time forward to endeavor to call a new
Convention, and the standard would be raised
against this very Constitution now being framed.
He could not consent, therefore, as a representa-
tive of one of the smaller counties, to surrender
the guaranties and securities provided in the Constitution.

Mr MERRICK made some remarks which will
be published hereafter.
Mr. FITZPATRICK., (with the consent of the
Convention,) amended the substitute offered by
him, by striking out the word "people." and inserting
in lieu thereof, the words "votes cast."
Mr. BROWN much preferred the proposition of
the gentleman from Allegany. [Mr. Fitzpatrick.]
as it would be amended by the proposition offer-
ed by himself, if it should be adopted, to either
of the other propositions. He was of the opin-
ion that both of the other plans would produce
the same effect. The great objection that he
had to both the other plans, was that they would
lead, either directly or indirectly, to amend-
ments to the Constitution. The gentleman
could talk as much as he pleased about simple
deviations, the great probability was, that the
very first object would be to undermine one of the
most important features of the Constitution—
The gentleman from Anne Arundel suggested a
plan that amendments might be introduced into
the other House, and when adopted, be submit-
ted to the people for their sanction. His objec-
tion to this was, that the other House should
have any thing to do with it. Would the gentleman
arrest agitation in the Legislature by his
plan? Under the plan of the gentleman from
Calvert, (Mr, Sollers,) the great danger would
be in agitation. The true republican doctrine
was to let the people themselves say when they
desired a change. A skilful and talented man
might go among the people, and he elected to
the Legislature, upon the very ground that he
had discovered some defect in the Constitution,
and then would come here and make an attempt
to change it, by striking out one of its most im-
portant features. He might then succeed in the
adoption of his amendment. Thus it would pro-
duce excitement, give rise to public feeling, dis-
tract the councils of the State, and agitate the
people. He held the doctrine that the people
always had this right to change or alter their
government. And now they proposed a mode
by which the Legislature could do that which
the people, in their sovereign capacity, had a
right to do. If gentlemen should leave this to
the Legislature, it would cause agitation every
session, as sure as there was a sun in the firma-
ment, even by those who had obtained all their
rights. Limit the session once in ten years to
fifty or sixty days, and in the midst of its ses-
sion, when important legislation might be re-
quired, they would leave this mass of agitation
lo distract their deliberations. He would ask
then, if the right being in the people, and the
Constitution should give them every ten years
to express their wish, whether that would not
he amply sufficient to protect the people? The
distinguished gentleman from Kent, [Mr. Cham-
bers,] was of the opinion that the people ought
to express 'heir opinion on this subject at every
election. The same gentleman thought, some
time ago, that the people should have nothing to
do with it.
Mr. CHAMBERS said that if the gentleman
would recollect, he, (Mr C.,) pledged himself
early in the session, that if nobody would go for
elections, he would.
Mr. BROWN said that he stood corrected. He
(Mr. B.,) would vote for no other proposition
except the one offered by the gentleman from
Allegany, as amended in reference to the basis,
because it was the most republican of all the features
in the Constitution.
The gentleman from Dorchester, thought that
there would not be another Convention in one


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 375   View pdf image
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