Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-02-19
REMARKS OF HON. d. JENIFER.
On THE AMENDMENT OFFERED BY Mr. PREssTMAN,
OF BALTIMORE CITY, TO THE BILL OF RIGHTs
Published by request.1

Published by request.1
| lin the Reform Convention, on Wednesday the
29th January, the lst Article of the Bill of Rights
being under consideration, in the following words
'That all government of right originates from
the people, is founded in compact only and insti-
tuted solely for the good of the whole"
| Mr.. FRESHMAN had moved to amend the said
article, by adding at the end thereof the following
"And they have at all times the inalienable right
to alter, reform, or abolish their form of Govern
ment, in such manner they may think exped-
ent."
| Mr.. JENIFER said, he did not rise to contro-
vert the principle involved in the proposed amed-
ment of the gentleman from Baltimore city, (Mr
Presstman.) He did not believe there was an in
telllgent man IN the community, who would deny
that the proposition in the abstract, and standing
alone, was the true republican doctrine. But it
had been embarrassed, and its meaning perverted
by the arguments of gentlemen, and especially by
the speech of the mover Of it. The amendment
assumed the right of the people to alter change
or abolish their Constitution. The gentleman from
Baltimore goes step further, and desires it to be
recognized in the Bill of Rights, that after Con-
stitution is established, approved by the people of
the State, and becomes the organic law of the
land-a bare ma ority, regardless of the provisions
of the Constitution from caprice, or infamed by
popular excitement have the right to overthrow
the Constitution without the forms of law In this
he is supported by his eloquent friends from Fre-
derrick, MR. Johnson and Mr.. Thomas.) the for
mer of whom, so emphatically expressed his opin-
ions, that the people, the immortal the eternal
people, could do what,they peased.''
| Mr. J. said, he would ask his friend from Bati-
more, whether the Constitution about to be adopt
ed, should it be confirmed by the people of the
State, would not become the law of the land?
Mr. FRESHMAN replied, that it would-but that
the people had right to change it.
! Mr.. J. said, he conceded that principle to the
utmost extent, and read the 1st 4th and 41st arti
cles of the Bill of Rights, to show that it was re-
| c0gnized IN eIpress terms.
| The 1st article provides, ssThat all government
of right originates from the people, Is founded in
compact only, and instituted solely for the good
| of the whole" :"
! The 4th article ssThat whenever the ends OF
government are perverted, and public liberty mani,
festly endangered, &C., the people may, and OF
right ought to do, reform the old, or establish a
new government And the 4lst provides for the
manner of altering Or abolishing the Constitution
| Mr.. J. asked, what language can be more ex
plicit' Here the rights of the people are protect
ed for the good of the whole. But a mere majo
rity tumultuously assembled from the city of Bal
more and the adjoining counties, without form O
law-without s'the ends of government being per
verted, or public liberty endangered assuming
to control the whole State for political or worse
purposes, should not be recognized in Bill o
Rights.
If the people-the s'eternaI, the immortal peo
ple,' can abolish their own Constitution, and es
tabsh whatever they please, whenever they
please, regardless of law and order, what becomes
of the rights of the minority, which, perhaps, may
be only few thousand or few hundred less thar
that majority?
Look at the pop;iIous city of Baltimore now
numbering 600 souls Baltimore county neal
42 900 Frederick county near 40 900 3; their in
terests in many respects identical. By the facility
of your railroads and other works of internal i'm
provement, the whole population may be collected
In mass, in twenty-four hours. This assembled
multitude without law or order-without even the
knowledge of the State, being the 'seternal peo
pie, may ''throw off the existing and establish
new Constitution" Such is the construction
which the remarks of gentlemen justify.
! The gentleman from Baltimore city, (Nr. Presst
man, in a former speech, took stateman-likt
| view of the question of reform, and expressed hi
opinion that there was not an intelligent man il
Baltimore, under existing circumstances, who eX
pected or desired representation based exclusive
ly on numbers. He has been justly complmentet
for that speech. But now the ground he takes il
infinitely more Objectionable, (Mr. J. said,) and
he might add, dangerous to the interests of tn,
counties of the State.
You have, Mr.. President, only this morning en-
grated the first article of the new Constitution a
bout to be formed 'sThat the Legislature shall
pass no law affecting the existing relation of mas
ter and slave in this State'' This article has bee
adopted by unanimous vote of the Convention
This was intended to put to rest the fanaticism a
regards this question in Maryland and would d
so, as long as the Constitution and laws are re
spected.
But if you recognise the right of bare ma jori
ty, sat all times, and in any manner they deem
expedient, to abolish the existing and establish
new system-What becomes of the rights this da
guaranteed by the unanimous vote of this Conyen
> vention? Where is the security for months con
tinuance of it, If the city of Baltimore with tn
two counties referred to, who have less interest il
this species of property than any other portion O
the State, should deem it expedient to abolish i
what are the modes of preventing it? The low
er counties cannot rise up in mass as can bt
done in the others. 1t is true, that the gentleman
from Dorchester county (Mr. Hicks,) perhaps, ap
pretending this state of things, has offered a
mendment that the Eastern Shore shall have the
right to secede and unite with another State.
| MIR. President, the time has been when the word
''disunion" applied to the general government, OF
sssecesson'' to the counties of State, fell upon
my ear as the words of a traitor, but occasions
may arise, when they may become the language
of patriotism.
! Once admit that dense mass congregated to-
gether without the forms of law, 'Whenever they
deemit expedient, may abolish your Constitution,
that doctrine advocated in this Convention by gen
tlemen representing high minded, intelligent and
law abiding constituency-the right of secession,
should go 'spari possa, with it. 1t would become
the duty of the Eastern Shore and of the lower
counties of the Western Shore to adopt any means
to protect themselves. their liberties and their pro-
pcrty, from revolution and anarchy.
MIR. j. said we would not shut our eyes or ears
to the warnings of experience. Massachusetts, has
had to contend with lawless spirits parading por-
tions of her heretofore quiet State. Rhode Island
has been the theatre of anarchy.
The populous cities of New York, Philadelphia
and Baltimore, have at times felt the effects of an
uncontrolled and excited populace Similar
scenes may again be inflicted upon them. But