it by the people, is the fundamental law, and
I hold further that the constitution of the
State, as it now is, only so far as it forms a
part of the convention bill, is binding upon
this body. I acknowledge,—nobody disputes
the theory here—that the people are the source
of all power. It would be the highest arro-
gance and presumption on the part of this
body to assume to entrench in the slightest
degree upon that high prerogative of the peo-
ple. We do not come here to take away
from the people. We come here to submit to
them our work, as we believe, in conformity
to their own commands, and the literal terms
of the language which they have directed to
us.
Under these conscientious convictions I am
told that I am degrading myself; we are told
here that we are sinking to the level of degra-
dation; and in the same breath the honora-
ble gentleman says, " I do not mean to offend,
and I trust I shall not even be suspected of
meaning to offend." Is it possible, Mr. Presi-
dent, that honorable gentlemen are to be
spoken to interms thus flippantly, thus arro-
gantly.
Mr. CHAMBERS I believe I did not use the
term "degrading."
Mr. RIDGELY. Heave it to every gentleman
in this house if he did not use it. But a large
portion of the gentleman's argument was feel-
ing rather than deliberate judgment. I leave
the question to the convention, submitting
my theory of the law, and my deliberate con-
viction that it is sound; and under those
views of the law, I reiterate that the power of
this body to pass this report is in strict con-
formity with the authority conferred upon us
by the people.
Mr. CHAMBERS. I did not turn to the act of
assembly. I did not suppose it would be neces-
sary to make an argument. It says that the
legal and qualified voters of the State are en-
titled to vote upon the constitution, subject to
regulation of the time of voting, the place of
voting, or any other regulations the conven-
tion may prescribe; regulations of what?
Regulations of voters entitled under the con-
stitution to vote? To regulate a thing is not
to manufacture it.
Mr. MILLER. I have a word or two to say
upon' the very theory assumed by the gentle-
man from Baltimore county (Mr, Ridgely )
He and I agree in regard to what this conven-
tion bill was, what was its purpose and ob-
ject, and what force and effect it had over
this body at the commencement of the sessions
of this convention. Now he declares
that by the vote of the people, in calling this
convention, they made this convention bill a
part of the fundamental and organic law un-
der which we were acting. I agree with him ;
and I turn to the provisions of that bill; and
I will show to this convention that the report
of this committee is directly in conflict with
the provisions of that bill. |
He has referred to the sixth section of the
law. The sixth section provides that this
constitution shall be submitted to the people
for its ratification. Now if we take the other
theory, that this is a sovereign body, inde-
pendent of all legislative enactment, why go
through the farce of submitting ibis constitu-
tion to the people at all? Why not say at
once that the constitution which we here
adopt shall on or after a day upon which we
fix, be the constitution and organic law of the
State'? If the theory of the absolute sover-
eignty of this convention is to prevail, then
this convention has the right to do that,
But if the gentleman from Baltimore county-
adopts the other theory, and then says we
will submit it to the people, and that this
convention bill is the fundamental and or-
ganic law, then we must go to that bill and
see what its provisions are. The question here
is this. We have prescribed in this report,
or shall if we adopt it, qualifications of the
right of voting upon the adoption of this con-
stitution, different from what the present con-
stitution prescribes, and different from what
the convention bill itself prescribes. What
does the 6th section declare?
"Sec. 6. And be it enacted, That the con-
stitution and form of government adopted by
the said convention as aforesaid, shall be sub-
mitted to the legal and qualified voters of the
State," &c.
To what does that refer, for the qualification
of voters? This law was passed under
the existing constitution of the State. The
" legal and qualified voters" here meant, are
those who under that constitution are legally
qualified to vote; that is, a man who is a
citizen of the United States, who is twenty-
one years of age and upwards, who has re-
sided a year within the State and six months
within the county in which he offers to vote.
Those are the " legal and qualified voters' ' to
whom this section of the convention bill
refers. No other sensible construction can
be placed upon that language. Now what
farther ?
—"for their adoption Or rejection, at such
time"—
This convention may fix any day it pleases
upon which the " legal and qualified voters"
are to vote.
—"in such manner"—
That is, they may require the voting of the
"legal and qualified voters" to be in the
manner they may adopt, either by ballot, or
viva voce, or in any other mode they please.
This refers to the manner of voting.
"and subject to such rules and regulations
assaid convention may prescribe ;"—
That is, they may prescribe the rules and
regulations under which the " legal and qual-
ified voters" are to vote. The polls shall be
opened at 9 o'clock in the morning, or if the
convention choose to say so, shall be opened
at ten o'clock, and closed at five; and they |
