Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1846-03-12


tion-making power of the State. The whole
people are bound by the laws and consti-
tuition, and must be so, in the nature of
things, under all forms of government found
ed upon the social compact. If this be so,
then all conventions, which are but portions
of the same people, are equally bound. If
the entire mass of the people are not ex-
empt from allegiance to the laws and con-
stltutlon they can confer no such exemption
upon their delegates in convention. The
same may be said of the basis Of represen-
tatlon and Of the general powers and duties
Of such convention. If these are limited
and prescribed by the organic or fundamen-
tai law, which brings such convention
into being, the organic law so limiting and
prescribing becomes in this respect the law
OF It's being, and it can be controlled by
none other. The undersigned have, there
fore, felt no difficulty in supposing, that
the General Assembly may regulate the ba-
SIS OF representation in the convention, and
otherwise so restrict its action as to make
! il in all respects acceptable to every portion
of the State. If the undersigned entertain
ed any doubts upon this subject, they have
found abundant means of being relieved
/ from them, by reference to the constitutions
Of many of the States of the Union, in which
restrictions and limitations of similar cha
racter 10 those referred to are found 10 be
imposed on the conventions authorized to
: be called for their NEUTRALITY-SUSPICIOUS.
t not only as TO the basis Of representation,
but In some of them upon the general pow
ers of the convention in reference to sub
lIjects of particular interest 10 the people
They refer more particularly to the consti-
tulons of the States of Kentucky, Tennes-
Il see, Louisiana, Mississippi, Delaware, and
? New Hampshire, all of which contain re-
, stricicns as to the basis of representation
f and to the constitutions of Ohio, Indiana,
l Illinois, and of most of the non-slayehold-
; ling States IN which restrictions are imposed
: on the power to introduce slavery within
), their limits.
In view of these precedents- tie under
5 signed have not hesilaied to recommend
such restrictions upon the convention au-
; thorized to be called by the proposed a.
mendment of the constitution of MARYLAND
, as will disarm it of those terrors which
have hitherto been ascrlbed to it, and rem
der it more likely to meet with the sanction
of the people in all portions of the State.
Il 1t would seem 10 be too clear 10 admit
Of reasonable doubt, that if the Legisla-
r ture, in the exercise of the constitution
making power, is competent TO limit or re-
strict the convention which it may provide,
for the purpose of making amendments in
Irnn n to Df h. e
sentation and the like, it is also competent
f for the Legislature to impose any other Just
and reasonable limitation upon It's powers,
and particularly upon its mode of organi-
r cation, which may be called for by a due
regard TO the public interest, Impressed
4 with these convictions the undersigned pro-
: pose that the convention when called shall
be formed into TWO bodies-an upper and a
lower House. The lower House to consist
of the same number of Delegates as now
> compose the House of Delegates, to be elect
ed III the same manner and proportions as
they are now chosen to that body; and the
upper House 10 consist of one from each
county and city of Baltimore, to be chosen
IN the same manner as the members of the
Senate are now elected. This organization
/. seems to the undersigned to be entirely un-
exceptionable, and in their opinion is re-
quired by the same considerations of wis
dom and policy which, under all govern
ments, have rendered it necessary to pro-
vide Senatorial checks upon the popular
branch of the legislative departments of
government. If such checks have been
deemed at all times essential and proper
upon the law-making power, the undersign-
ed cannot see why they should not be
equally so when the fundamental or orga-
mic law is to be made, which controls and
regulates all others.
In conclusion, the undersigned beg leave
to present the following bill, which they
believe substantially embraces the views
entertained by them. They present it to
the House and to the people of the State, in
i. the discharge of what they conceive to be
their duty, under all the circumstances, and
respectfully ask that it may be considered.
THOMAS F. BOWIE,
! II. WILLIAMS DELLINGFR,
AN ACT to alter and amend the ffty-nnth article
of the Constitution and Form of Government of
the State of Maryland.
SECTION l. Be it enacted by the General assembly
Of uarytand That the fty-ninth article of the Con-
stitution and Form of Government of the State of
Maryland, be and the same is hereby altered, chang
ed, and amended, as follows, to wit: