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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 881   View pdf image
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881
the House discussing another matter. This last
being ended, he again gave way to allow the
chairman to submit another amendment which he
had been despatched to submit. The very instant
the floor was clear, he had asked attention to his
article, and it was passed. He was then aboat
leaving the Hall to give the information to the
committee) when behold, he met them coming
into it to announce the fact that the engrossed
copy was prepared for the President's signature,
and this announcement was most assuredly the
very first intimation he had of any purpose on the
part of the committees to make such a report.
He still adhered to the opinion that it would be
highly irregular and unbecoming to have the
original Constitution, the standard copy to which
reference was lo be had, as the authentic and re-
liable authority, made on the authority and re-
sponsibility of one of the committee clerks.
Under the order creating the committee of revi-
sion, they had not the slightest authority to ex-
amine or correct it after the adjournment, even
if such authority could be communicated to them.
It was simply their duly when the paper or bud-
get of papers should be certified by the President
and Secretary, to take it from this hall into an-
other chamber in this building, and there deposit
it with the clerk of the Court of Appeals. How-
ever blurred and blotted portions of it might be,
as in fact they were, the committee could not
touch it to improve it.
Mr. SPENCER made a few remarks.
Mr. JENIFER said that it was with great re-
luctance, unable as he was at this hour of the
night, to say a single word, but he confessed he
had been surprised at the hot haste evinced by
sortie gentlemen in the engrossment and final
passage of the constitution, without its being
read or copied from the gross material, of which
it was composed.
Was it possible, that after six months session,
when there was laid upon the President's desk,
a constitution for signature, which was admitted
to be imperfect, for it was so, so far as regarded
its engrossment, because it was a fact known to
them all, that even the committee of revision
themselves were not aware of what was con-
tained in the mass of paper called a constitution?
Was it possible that gentlemen desired the Pres-
ident and Clerk to sign an instrument which
they were unwilling to do themselves, or even to
vote upon which was of their own making?
There was an amendment passed within the
last half hour, which the Committee of Revision
had not seen since its adoption, and was different
from that which they had recommended, and yet
we are called on to direct the President and
Clerk to sign that paper as the Constitution,
which he ventured nothing in saying, the con-
tents of which was not known by twenty, if ten,
members of the Convention. And why? because
amendments had been made yesterday, last night,
to-day and to-night, to various articles proposed
in the Constitution, which had never been copied,
printed or read since they were adopted; there-
fore, who knows what the Constitution contains?
Mr. J. said, postpone the final action until to-
111
morrow at as early an hour as you please, say
nine o'clock, by which time the whole may be
readily copied, revised by the committee, printed,
read. and approved or rejected. The Convention
may then act understandingly—which can-
not be the case in its present state. Again, a
large portion was in print, part of which was
erased and interlined, and a portion was in man-
uscript, also erased and interlined, so that it
was difficult for the most experienced and acute
readers of manuscripts to decypher what was the
real amendments adopted, many of which were
made in the hurry of the moment in writing, as
eligible as that of my friend from Queen Anne's
or the city of Baltimore, or perhaps my own,
which is the best of the three. Now Mr. J.
asked was such a paper thus put together to bo
considered the deliberate act of this Convention,
as a fit Constitution to be submitted to the peo-
ple of Maryland? Why this haste, after six
months delay in forming a Constitution, when
twelve hours will be ample time to have it copi-
ed, revised, read to the Convention, and acted
on? Why so important that it should be passed
on to-night? The Convention has ordered the
accounts for per diem and other expenses to be
made up including to-morrow; therefore, the
members are bound lo remain here at least to-
morrow, if any thing is required to be done.
What more important than to see that the Con-
stitution is a true and correct copy of the various
articles passed on by sections and bills?
It is proposed that after the Constitution is
signed by the President and Clerk, it shall
then be copied, so that it may be forthwith prin-
ted, to be circulated throughout the State, and
also deposited in the clerk's office for safe-keep-
ing. There should be some person to supervise
the copying of it, and to compare it with the
original.
If the original was imperfect, the copy must
be so. Was the correction to be left to the
clerk alone? Was it not a remarkable fact, that
even to night gentlemen had differed amongst
themselves as to what was the construction of a
particular article Yet all are called on to de-
cide that it be signed by the President.
Suppose that a mislake should be made by the
clerk, who was to correct it? His friend, from
Baltimore and others said that there was a great
anxiety to adjourn to-night. Mr. J. said duty-
should overrule anxiety. They had voted themselves
per diem for to-morrow, and they had no
right to leave the Convention as long as there
was one particle to be done toward perfecting
the Constitution.
Mr. J. said for himself, his health forbid him
remaining longer to-night, but he would cheerfully
meet any hour in the morning and unite
with gentlemen in perfecting as far as might be,
the admitted defects in the instrument under
consideration, which he believed, might be done
in a few hours. He felt desirous that such a
Constitution as ought to be confirmed, should be
presented to the people. But he apprehended.
from recent, acts, the extremes of the reform and
anti-reform parties did not desire the present instrument
to be complete.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 881   View pdf image
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