Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1846-03-12
REPORT
Of Messrs. BOWIE and DELLINGER, from
the Committee on the Constitution.

UT MeSSTS. DOWlE uUU DELLlNU Ems |O"S
the Committee on the Constitution.
The undersigned, minority of the COM
mittee on the Constitution, to which was
referred various orders and resolutions of
the House of Delegates, and the several bills
reported to the House suggesting and pro-
posing certain amendments to the Consttu-
ton and Form of Government, beg leave to
submit the following Report:
For twelve years past the question OF
amending and reforming the constitution, in
some mode or other, has been agitated by
the people of the State and, in the opinion
of the undersigned, that question will con-
tinue to be an exciting topic of discussion
until some settled and definite course is
adopted by the Legislature of the State,
permapnt and established policy, likely to
NEE, nth general acquiescence on the part
of tn people. The two great political par
tiesof the State are now divided in opinion,
ashley have hitherto been, as to the best
,lode to be pursued in reforming the pre-
sent Constitution. The one party insisting
that as the constitution now stands no a
mendments or alterations can be made, ex-
cept by two successive acts of the General
Assembly, in the mode provided by the if
Ntyninth article. The other party main
tanning that the people, in the sovereignty of
Their power as concentrated mass, have
tn inherent right to abolish the old and to
establish new constitution or form. of goyz-l
eminent, irrespective of the limitations and
restrictions, if there be any such, to be found
in the constitution of the State.
The undersigned fully concur in all that
has been said on :his subject by the majo-
rily of the committee, in the report which
they have submitted to this House. That
the General Assembly have power to make
all and any alterations in the constitution
which the people may desire, and that, with
out a change of that instrument, reform, by
means of a convention of the people, would
be in violation of lis express provisions, as
we'll as repugnant to its whole spirit, the
undersigned entertain no doubt. The Ian
guage of the 6fty-ninth article is too clear
to admit of doubt. 1t is '.That this form
of government, and the declaration of rights,
and no part thereof shall be altered, chang
ed or abolished, unless bill so TO alter,
change or abolish the same shall pass the
General assembly," These words contain
not only an express grant of power to the
General Assembly, but they are also words
of negation, expressly interdicting all other
modes of amendment. 1t is no answer to
this view to say, that the words are to be
construed with reference TO and in connec-
ton with the forty-second article of the bill
of rights. 1t is admitted that they ought to
be so construed, and then what benefit can
the advocates of conventional reform derive
from such construction. The forty
article of the bill Of rights declares, "That
this declaration of rights, or the form Of
government to be established by this con-
vention, 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" Now it is admitted that these
words are restrictive only upon the Legs-
lature, and not upon the people. They
limit the legislative power alone, while they
are wholly silent upon all and every other
mode of change. But does it follow that
the constitution itself, which does contain
words of restriction upon the people, is to
be imperative and void? What the bill of
rights omts the constitution supplies
There is no repugnance between them, and
therefore they may stand together, and the
provisions of each be gratified. SO far from
the advocates of conventional reform being
assisted by this mode of constituting the one
with reference to the other, it actually
proves the unsoundness of their position.
Take them separately and they may stand
upon the forty-second article of the bill OF
rights, and say here at least are to be found
no restrictions upon the people. But con-
strue them together, and the ffty-ninth