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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 463   View pdf image (33K)
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463
with again in that way, until the time of the
revolution.
I have a word to say upon the subject of
the confederation. As every one knows, the
State of Mary land was the very last State that
assented to the severance of the connexion
with Great Britain. The State of Maryland
and the other colonies took up arms to main-
tain their rights under the Government of
Great Britain. They thought that by resist-
ance the British Parliament and the British
King would come to their senses. North
Carolina took the lead in May, 1776, passed
a Declaration of Independence and organized
a government. Virginia, in June, declared
its independence and organized a State Gov-
ernment, New Hampshire, as far back as
1775, had organized a State Government.
It is well known that at first Maryland re-
stricted her delegates from uniting with the
delegates from the other Colonies in a Decla-
ration of Independence, and it was only a
few days before the 4th July, 1776, that the
Convention, then sitting at Annapolis, re-
moved the restrictions, and authorized them
to concur with the other United Colonies in
declaring the United Colonies free and inde-
pendent States, and in forming such further
compact and confederation, &c., &c., as should
be adjudged necessary for securing the liberties
of America, &c., provided the sole and exclusive
right of regulating the internal government
and police of this Colony be reserved to the
people thereof."
And on, the 6th July, 1776, in a formal
" Declaration of the Delegates of Maryland,"
in Convention at Annapolis, after reciting the
causes which impelled them to empower their
delegates in Congress, as aforesaid, with the
proviso aforesaid, they add: "No ambitious
views, no desire of independence induced the
people of Maryland to form an union with the
other Colonies. To procure an exemption
from parliamentary taxation, and to continue
to the legislatures of these Colonies the sole
and exclusive right of regulating their inter-
nal polity, was our original and only motive.
To maintain inviolate our liberties and to
transmit them unimpaired to posterity, was
our duty and first wish; our next, to con-
tinue dependent on Great Britain. For the
truth of these assertions we appeal to that
Almighty Being who is emphatically styled
the searcher of hearts, and from whose om-
niscience nothing is concealed."
(The hour having expired, the hammer fell.)
Mr. SMITH, of Carroll, I hope the same
courtesy will be extended to the gentleman
from Somerset that has been extended to other
members, and I move that he be allowed fif-
teen minutes more.
The motion was agreed to.
Mr. JONES, of Somerset, proceeded :
I shall not attempt to proceed with the ar-
gument. I will read, without comment, the
following extracts;
"At the revolution, the sovereignty de-
volved on the people, but they are sovereign
without subjects, (unless the African slaves
among us may be so called, ) and have none
to govern but themselves; the citizens of
America are equal as fellow citizens, and as
joint tenants in the sovereignty," 2 Dallas'
Rep. 419.—Chief Justice Jay, U. S. Court.
Chief Justice Wilson's works, 3 vol., pp.
292, 293:
" The truth is, that in our government, the
supreme, absolute, and uncontrollable power
remains in the people. As our Constitutions
are superior to our legislatures, so the people
are superior to our Constitutions, Indeed
the superiority in this last instance is much
greater, for the people possess over our Con-
stitutions control in act, as well as right."
* * * "The consequence is, that the people
may change the Constitution whenever and
however they please. This is a right of which
no positive institutions can deprive them."
"These important truths are far from being
merely speculative; we at this moment speak
and deliberate under their immediate and be-
nign influence. To the operation of these
truths we are to ascribe the scene, hitherto
unparalleled, which America now exhibits to
the world, a gentle, a peaceful, a voluntary,
and a deliberate transition from one Constitu-
tion of government to another, (from the
Confederation to the Constitution of the Uni-
ted States.) In other parts of the world, the
idea of revolution in government is, by a
mournful and indissoluble association, con-
nected with the idea of wars, and all the ca-
lamities attendant on wars."
" But happy experience teaches us to view
such revolutions in a very different light—to
consider them as progressive steps in improv-
ing the knowledge of government and increas-
ing the happiness of society and mankind."
" Oft have I viewed, with silent pleasure
and admiration, the force and prevalence
through the United States of this principle—
that the supreme power resides in the people,
and that they never part with it. It may be
called the panacea in politics If the error be
in the legislature, it may be corrected by the
Constitution; if in the Constitution, it may
be corrected by the people. There is a rem-
edy therefore for every distemper in govern-
ment, if the people are not wanting to them-
selves."
Again in Chief Justice Wilson's lectures, I
vol., p. 21, he says :
" A revolution principle certainly is, and
certainly should be, taught as a principle of
the Constitution of the United States, and of
every State of the Union. This revolution
principle—that the sovereign power residing
in the people, they may change their Consti-
tution and government whenever they please
—is not a principle of discord, rancor, or war;
it is a principle of melioration, contentment,
and peace."


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 463   View pdf image (33K)
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