409]           The Maryland Constitution of 1864.              63

constructionism so prevalent among the members of this
last-named faction, and voted in the affirmative.⁹⁶ The
change was evidently the direct result of an argument
which had been most skilfully used against calling a Con-
vention during the campaign of the preceding spring,⁹⁷ and
was based not only on the above-mentioned clause of the
"Declaration of Rights" of the old Constitution, but on
Article II of that instrument which provided that "It
shall be the duty of the Legislature, at its first session
immediately succeeding the returns of every census of the
United States, hereafter taken, to pass a law for ascertain-
ing, at the next general election of Delegates, the sense of
the people of Maryland in regard to the calling a Conven-
tion for altering the Constitution." As we know, the
Legislature of 1861-2 had failed to do this,⁹⁸ hence it was
held by some that the succeeding body of 1864 had ex-
ceeded its authority in framing the Convention Bill, and
that the Bill was unconstitutional. The advocates of the
measure had at once answered the argument by taking
their stand on the absolute sovereignty of the people, and
their right of revolution as a last resort, urging that the
acceptance of the Convention Bill at the election was suffi-
cient to make it the supreme law of the land. This was
the line of argument followed during the debate on the
revision question in the Convention, it being stated in addi-
tion that it might with equal ease be proved that the Con-
stitutional Convention of 1850-1 had been revolutionary,
as it had not been called according to the provisions of the
Constitution of 1776.⁹⁹

The other facts of importance which should be men-
tioned in connection with the "Declaration of Rights" as
adopted are, first of all, that Article 7 still confined the
right of suffrage to the free white male citizens. Again,
the general sentiment of the Convention was without re-

⁹⁶ Proc., 90, 94-6; Deb., i, 133-46, 149-60. ⁹⁷ Deb., i, 134, 390.
⁹⁸ See page 13.                                        ⁹⁹ Deb., i, 140-1, 150-5.