General Assembly, after a new election of
Delegates, in the first ..session after such new
election; provided, that nothing in this form
of government, which relates to the Eastern
Shore particularly, shall at any time here-
after be altered, unless for the alteration and
confirmation thereof least two-thirds of all
the members of each Branch of the General
Assembly shall concur."
It was not intended by the framers of that
Constitution that there should be .any prohi-
bition of the right of !.he people at any time
to arise in their majesty and assert their
power as a sovereign people of a sovereign
State. That article is only directory as to
the mode in which the Constitution shall be
changed by the General Assembly of the
State. But according to my construction of
the Constitution, there is no prohibition of
action by the people at any time they may
think proper. If I am right in my view,
then the construction of my friend from Bal-
timore city is wrong; that this provision is
unnecessary in the Constitution to be framed
by us here, because all prohibitions have
heretofore been disregarded by the people,
Mr. DANIEL. The gentleman has misap-
prehended my argument. I merely said that
this was not the proper place tor such a pro-
vision; that it should come in in another
place.
Mr. BERRY, of Prince George's. I under-
stood my friend to say that all prohibitions
had been heretofore disregarded by the peo-
ple, and therefore it, was unnecessary to place
any such provision in the Constitution.
Mr. DANIEL. The gentleman misunder-
stood me then. I said that I thought it
should not come in in this particular place,
but that I was in favor of it in another place.
Mr. BERRY, of Prince George's. I hold,
sir, that the people have at all times the right
to change their organic law. But I hold fur-
ther that there should be a mode pointed out
by which that change can be attained. If 1
understand the case referred to by gentlemen
here on yesterday—the case which arose in
Rhode Island—and if I understand the course
of argument there pursued by Mr. Webster,
it was this: that the election that took place
there was objectionable because there was no
body in existence which bad presented the
question to the people to be passed upon by
them; as to whether they would have a
change in their organic law; that it was ne-
cessary that the quo modo should be clearly and
distinctly pointed out; and that not being
done, therefore the people had not properly
passed upon the question, and the action taken
was nugatory and would not be carried out.
I hope that all these provisions may be care-
fully examined, and fully and freely discussed ;
and that there may be such wisdom brought
to bear by this Convention, in framing the
organic law of this State, as will make it
unnecessary for years and years to come to |
call together another Convention for the pur-
pose of retraining the organic law of our
State. Let us act here not from prejudice,
but from principle. Let us look to the true
interests of the people of this State. If we
look to that, and adopt that as our guide in
the course of action we may take here, we
will then frame a Constitution which will
meet with the approval of the people, and
will subserve the purposes and interests of
generations to come. We are not here to
make a Constitution for a day: we are here
to make a Constitution for all time to come,
and I trust that we will bring to bear the
highest wisdom in perfecting an organic law
for the future government of the people of
the State.
Mr: BAUDS. I had not purposed yesterday
to occupy the time of this Convention in dis-
cussing this question; and I am sure gentle-
men will bear me out in saying that I was
very breif in the remarks I then submitted.
But I find it necessary in order to the correc-
tion of an impression which may then have
been made, to occupy your time briefly this
morning.
1 stated yesterday that it had been an ob-
jection urged by the opponents to the call of
this Convention that the Legislature which
called it had no power to do so; the provision
in the Constitution being that it should be
done by the next Legislature convening after
the taking of the census of the United States.
That statement was met by the excellent gen-
tleman from Kent (Mr. Chambers)—than
whom I am sure nobody in this Convention
knows more about anything—that it bad re-
mained tor the gentleman from Howard to
turn political Columbus and discover that
great fact; that it had never, either by steam
or electricity, penetrated to the depths of
Kent country; and that he did not believe
that anybody but myself had ever heard the
statement. Now I bold in my hand, in all
the dignity of sheepskin, the message of Gov.
Bradford to the Legislature which called this
Convention, in which this very statement is
contained. I understood the gentleman from
Prince George's (Mr. Clarke) also to declare
that it was his first hearing of this fact
Mr. CLARKE. I did not say it was my first
bearing of it. I said that when the vote was
taken upon the bill calling this Convention,
in defining the reasons which governed me
in that vote, I expressly admitted the power
of the Legislature to call a Convention, And
when the member from Howard county (Mr.
Tyson) offered a 'bill upon this floor upon
that subject, I expressed my willingness to
vote for it, because I regarded it as a consti-
tutional bill, and I was willing the sense of
the people should be taken upon the subject.
And gentlemen now here, who were mem-
bers of that Legislature, will bear me out in
the statement that I voted for the proposition
of Mr. Tyson. |
