The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-03-27
For Tic Cecil II NIN
The Constitution: 40. 1,


H0d the Les, iotWe the porer 10 call a Con
rcniion 10 ANAL the Constitution!
This is the first question to he considered
Every constitution should make provision fol
its own amendment. The amendment Of tn,
old constitution was accomplished by til,
action of two consecutive sessions of the
Legislature. The only form prov id,d for IT,,
amendment Of the present constitution is
continued in article XII, in which it is mad,
f" the duty Of the Legislature at its first scs
sion immediately succeeding the returns Of
every census of the United States, to pass n
law for ascertainins, at the next General
Election of Delegates, the sense OF the people
Of Maryland IN regard TO calling Convention
for altering the Constitution" Should the
people be in favor of calling a convention,
it is made the duty of the l., gslature TO
provide for assembling such convention, and
the election Of Delegates thereto at the
representation in the convention is made the
same as in the Senate and House Of Delegates
at the time when the convention is called.
In Article |. Bill of Rights. it is declared
that TIC people have at Ill unlcs in the mYdr
prescribed in this constitution, the unalcniablc
right, to alter, reform, or oboliSh their form
deem cXpcdicnt.
In Article 10, Of the Bill of Rights il is
declared, " hat this Constitution shall not
be altered, changed or abolished, except in
the manner therein prescribed and direccd.'
1t will be seen from the these several extracts
from the constitution, that while it is made
the duty Of the Legislature to submit to the
people the question of a convention to amend
the constitution, at its first session after
the returns Of every census OF the United
States, that in no pac is the right denied
to call convention at dl.y time for that
purpose on the Contrary the right to altar,
reform. or abolish their form Of Government
at all times, by the mode, prescribed in the
constitution, that is by convention as
provided in article N[ is declared to be ina
licnabc. To place the construction upon the
language of the constitution. that the Legisla-
ture has only the power Immediately after
each United States census, would be TO
narrow the expression at all times " to mean
once III ten years. which would be absurd
The Legislature has IN the Act calling the
convention strictly followed the mode
indicated in artitlc XI, and that they have
the power to do 50 whenever the public
interests require it, there can be no reasona-
bic doubt if we look at the strict language
of the constitution itself How any one who
advocated the assembling of the convention
by which the p' cscnt constitution was form Q |
can consistently take the ground that the
Legislature has NOT the power to call a
convention for the same purpose now, is
more than the writer can comprehend The
old constitution was swept away by the
convention, although the power to amend
were expressly given to the Legislature. and
the constitution itself, made no provision,
whatever, for a convention to amend, or alter
the constitution. How can any supporter
of the present National Administration
consistently take position adverse to the
right OF the Legislature to pass the law
calling the proposed convention p! Mr..
Buchanan as! erts that the people of Kansas
have the right at any time to change their
constitution, although the instrument itself
contains The declaration that thew shall not
have the power to do so until after five years
In Other words that Il people cannot be lim-
TED IN time by any restrictions whatever con-
tanned IN any constitution. With the sound.
ness of these views we have nothing to do at
present. So far as it shows up the inconsistent
cy of those who adopt Mr. Buchanan's views,
and at the same time deny the power of the
Legislature to call the convention, we have a
right to refer 10 the matter, and have in
tIoduced it for that purpose.
In subsequent papers reasons will be given
why convention should be called to amend
the constitution. Nd.