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10 The Maryland Constitution of 1851. [388
The question of a state convention to amend the con-
stitution of Maryland had long been discussed in various
parts of the State. Among those who were in favor of
calling a convention to change the constitution there was
considerable difference of opinion as to the proper mode
of procedure. The 59th article of the constitution provided
for its own amendment by the identical action of two
successive legislatures, and the Declaration of Rights re-
ferring to that provision declared: "That this Declaration
of Rights, or form of government to be established by this
convention, or any part of either of them, ought not to be
altered, changed, or abolished by the legislature of this
State, but in such manner as this convention shall prescribe
and direct." 1
The question was presented whether it was within the
constitutional power of the legislature of the State by a
simple resolution of that body, without first repealing the
59th article of the constitution, to call a convention to
alter or amend the constitution and frame a new one. This
very important question gave rise to considerable discus-
sion concerning the rights of the majority and of the
minority, and of the true intent and meaning of these
clauses of the old constitution.
Many leading men of the State considered that, without
the previous repeal of these articles of the constitution the
very call of a convention would be an open act of revolu-
tion, and its action null and void, even if sanctioned sub-
sequently by the popular approval. They considered that
the General Assembly had no authority either directly to
call a convention, or to take the vote of the people in
reference to its call.2 On the other hand it was argued by
the advocates of what was then called " conventional re-
form," that there was, underlying the whole system of state
government, a principle of acknowledged right in the peo-
1 Md. Dec. of Rights, 1776, sec. 42.
2 Report of Majority of Committee on Constitution, 1848.
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