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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 381   View pdf image
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381
"No member of this or any such Convention
shall hold any office created, made vacant or
regulated by such new constitution within five
years after the new constitution shall go into
operation."
The Convention then adjourned until to-mor-
row morning at 9 o'clock.
SATURDAY, April 12,1851.
The Convention met at ten o'clock.
Prayer was made by the Rev. Mr. GRAUFF.
The roll was called.
Mr. BISER enquired whether a quorum was
present,
The CHAIR replied in the negative.
Mr BISER moved that there be a call of the
Convention.
And a call was ordered.
After some proceedings thereon, further pro-
ceedings on the call were dispensed with.
The journal of yesterday was then read.
BANKS.
Mr. BUCHANAN presented a petition of James
P. Kennedy, of the city of Baltimore, in relation
to the creation of banks, &c.
The petition having been read,
Mr. BUCHANAN said. It seems to me that this
is quite a disinterested man—one of a thousand.
He wants nothing for himself. All he does is
for the public good.
Mr. BISER. Is he a resident of Baltimore
county?
Mr. BUCHANAN. No—of the city. I move
that the petition be referred to the committee on
corporations.
Mr. DAVIS. It seems to me that it is unneces-
sary to refer the petition to the committee on
corporations. The petitioner proposes to take
care of our children's children. Any thing that
we may do here, is to exist only for ten years
We are then to have another Convention which
is to legislate for posterity.
The question was then taken on the motion of
Mr. BUCHANAN, and having been decided in the
affirmative,
The petition was referred to the committee on
corporations.
Mr. MAGRAW presented a petition of sundry
citizens of the State, in relation to the granting
of licenses to sell intoxicating drinks.
Which was read, and
Referred to the select committee already ap-
pointed on that subject.
DECLARATION OF RIGHTS.
Mr. RANDALL gave notice of his intention,
when the report of the committee on the bill of
rights came up again for consideration, he should
move to reconsider the first article thereof.
Mr. THOMAS enquired of the Chair, whether
there was any business set apart for this day ?
The PRESIDENT said, the Convention had not
yet entered upon the unfinished business of yes-
terday.
Mr. THOMAS, I hope then we shall proceed to
its consideration.
AMENDMENTS TO THE CONSTITUTION.
The Convention then resumed the considera-
tion of the unfinished business of yesterday, being
the report on further amendments and revisions
of the Constitution,
The pending question was on the amendment
offered yesterday by Mr. RANDALL, to amend the
report of the committee, by adding to the end
thereof; the following:
"No member of any such Convention shall hold
any office created, made vacant or regulated by
such new Constitution within five years alter the
new Constitution shall go into operation."
Mr. RANDALL said that they had already very
properly decided that this matter of altering the
Constitution should not he submitted to the Le-
gislature except once in ten years. They had
thereby, [and he thought very properly,] exclu-
ded all such influences as could operate from
causes other than the public good and the wishes
of the people. Now, it seemed to him that This
important object would be consummated by re-
quiring all who came here to act upon this new
Constitution, to do so with a single eye to the
public good, that the public should be satisfied
beforehand that members of future Conventions
came with a view, not to create vacancies which
they themselves might fill, but with a view to
make such changes only as the people require
and the exigencies of the public demand. It
seemed to him, that by this restriction, a differ-
ent class of men would be members of future
Conventions. They would have men who could
not be biased by any such motive, and the effect
would be to recommend, with great power and
influence, such Constitutions to the people themselves.
When they saw that these Conventions
were composed of men who could have no other
motive than the public good, there would be no
foundation for suspicion of undue influence which
was very often, in its effect upon the public
mind, equal to proof. The probability too of
the adoption by the people of Constitutions
framed by such delegates, would be very much
greater. It would have a wholesome influence
upon the men themselves, as well as upon the
public at large. Almost every Constitution in
the. United States, the Constitution of the United
States, the laws of the United States, the Constitution
of our own State, guarded with special
care and scrutiny against all such improper mo-
tives in those, who acted under them. And as
was well said by the gentleman from Frederick,
I we are all human beings, with human frailties,
prejudices, and passions—the law is not made
for the perfect man, but those who have all the
frailties, prejudices and corruptions inherent to
our nature, and upon such men we are to operate.
Many if not all the Constitutions in the States,
declared that members of the Legislature should
not fill offices which they themselves created.
Had it not been declared by General Jackson,
as a just principle, that members of Congress,


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 381   View pdf image
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