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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 883   View pdf image
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883
Affirmative—Messrs. Chapman, Pres't., Mor-
gan, Lee, Chambers of Kent, Donaldson, Wells,
Randall, Sellman, Weems, Buchanan, Bell,
John Dennis, Dashiell, Williams Hicks, Hodson,
Goldsborough, Eccleston, Sprigg, Dirickson,
McMaster, Hearn, Fooks, Shriver, Biser, Thaw-
ley, Stewart of Caroline, Brent of Baltimore city
and Waters—30.
Negative—Messrs. Howard, Chandler, Ridgely,
Lloyd, Sherwood of Talbot, Colston, Constable,
McCullough, Miller, McLane, Bowie, Tuck,
Spencer, Grason, George, Wright, Jacobs,
Gaither, Annan, Sappington, Stephenson, Ma-
graw, Carter, Gwinn, Ware, Harbine, Michael
Newcomer, Brewer, Anderson, Weber, Holly-
day, Fitzpatrick, Parke and Shower—34.
So the Convention refused to adjourn.
The question was then stated to be on agreeing
to the last branch of the order.
Mr. GRASON said, that he had been appointed
by this House on a committee to carry into effect
a particular order. He wished to state to the
Convention that he would not consent to be instrumental
in carrying out an order which was
opposed by nearly one-half of the body.
Mr. MORGAN moved lo lay the order on the
table, which motion was agreed to.
Mr. SPENCER moved that the report which
had been laid on the President's desk, as the
engrossed copy of the Constitution, be recom-
mitted, which motion was agreed to.
Mr. GRASON said:
That it had been generally understood, that the
Convention would adjourn to-night, and authorise
the committee of Revision to sit to-morrow,
for the purpose of seeing that a copy of the Con-
stitution was properly engrossed and deposited
in the office of the clerk of the court of Appeals.
With that understanding, the committee had re-
ported a copy in its present form, that is, the
first and last parts engrossed, and the middle por-
tion of it in print, but all of it accurate, so that
the President might sign it at once, or wait till
to-morrow when the engrossment would be com-
pleted. He might sign it then, if the Convention
before their adjournment would authorise him
to do so, or he might sign it at once, and ascer-
tain to-morrow whether that portion of it which
is now in print is accurately engrossed.
If the Convention remain in session, the mem-
bers will be compelled to trust the committee of
Revision for the correctness of the copy deposited
with the clerk of the court of Appeals. Then
would it not be better to adjourn finally to-night,
and avoid the needless expense of attending to-
morrow? It was with this understanding, that
the committee of Revision had reported a copy
of the Constitution in its present form, and had
prepared an order, by which the Convention was
to authorise them to act as a committee of en-
grossment till their work was completed. That
order was drawn up by the gentleman from Kent,
and placed in the hands of a member of the Con-
vention,
It was afterwards thought, however, that as
the committee of Revision had finished their la-
bors, their services might be dispensed, with,
and that the duty of examining the engrossed
copy of the Constitution might be performed by
two members of that committee. The order was
modified accordingly, and that appeared to be
the cause of its meeting with Considerable
opposition. As for himself, he should prefer
that the Convention should remain in sesssion
till the Constitution had passed through all the
usual forms, and adopted as a whole. But there
was no necessity for these formalities. Many
members are now absent, and others have made
their arrangements for leaving Annapolis in the
morning cars, and it would be an idle form to
take a vote upon such a question when there
would be hardly a quorum present. Each arti-
cle had been adopted and confirmed after fre-
quent reconsiderations; and after all it was noth-
ing but a form of government to be submitted to
the people, whose approval alone could give it
validity. It was not like an act of the Legisla-
ture which must be authenticated in a particular
form to give it effect, and which might other-
wise give rise to doubts of its being in force.
Even Acts of Assembly were frequently passed
without going through the exact form prescribed
by the present Constitution. It was required that
every law should be signed by the Governor, in
the presence of both Houses; yet it was known
that his signature was generally attached when
there was neither a quorum of the Senate or
House of Delegates to witness it. it had been
remarked by his colleague, Mr. SPENCER, that
it would be incurring some risk to adjourn now,
and leave it to the President and Secretary to
sign the Constitution to-morrow, because it might
happen that both of these officers might die in
course of the night. There was very little
chance of such a mortality among the members;
but even in that case, the people could adopt the
Constitution without the signature or certificate
of either. We ought to come to some decision
that will enable us to close our labors without
further delay. This can be done by authorising
the committee of Revision to sit to-morrow as
proposed in the order prepared by the gentleman
from Kent. The President and Secretary would
also be here, and all would see that the Consti-
tution as engrossed, would be the same as it is
now in the hands of the Convention. He wished.
this course could be adopted by general consent.
Mr. GRASON would here offer an order, which, if
not in the precise words of the gentleman from
Kent, gave the same powers to the committee.
Ordered, That the committee on Revision be
authorised to sit to-morrow for the purpose of ex-
amining the engrossed Constitution, and seeing
it deposited in the office of the clerk of the court
of Appeals.
Mr. CHAMBERS said:
That the order authorised expressly the power
of Revision. That was the point he had made,
the ground he went upon. There was to be authority
by this body to revise.
Mr. GRASON said:
That he was satisfied, when he heard the objections
to the order as presented by the gentleman
from Baltimore county, (Mr. Howard,) that


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 883   View pdf image
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