Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1858-04-30
Attack of the Legislature upon the
Organic Law of the Stale.

organic Law oil the stale.
A little further attention to the consti-
tutional convention movement Of the late
Legislature is necessary, that we may
understand and appreciate its real char
acter. We have said in former article
that it is in conflict with the funda-
mental principles of our system of gov
eminent, arbitrary and subycrsive of the
popular sovereignty" Believing this
we oppose it; and if we are right in our
belief it is the duty of good citizen ship
to oppose it with US. 1t is question of
opinion and judgment, and with free
people to determine each for himself
1t is for us simply to present our views,
the result of careful! reflection upon the
subject, and the reasons we have for the
opinion we entertain. The issue is with
the people, and be that as it may, We
shall be content.
We object to the proposed constitu-
tional convention, that it is, in its origin,
subversive of popular sovereignty, and
that it inaugurates theory of Legisa-
tive supremacy and dictatorship. When
a people undertake to establish form OF
government, any process they may adopt,
if they are not subject to administrative
authority elsewhere, may be tolerated.
The end sanctifies the means. But our
republican principles can only approve
that form of government which emanatcs
from the people. The people may agree
to elect delegates to a convention to form
a constitution; Or the people may prefer
to elect legislative body, authorized tc
make laws, to provide for the election Of
delegates to a constitutional convention
or any other method consistent with the
general republican principle. With theil
organic law established the people dc
not relinquish their control over it. And
to this extent the analogy is directly APP
parent in the condition of the people Of
Maryland, and their relation to the or
ganic law of the State.
The existing constitution of Maryland
requires the Legislature, at given pc.
riod recurring every ten years, to provide
for the submission to the whole people Of
the simple question whether they viii
have constitutional convention or not
In this provision of the constitution, the
people retain convenient supervision anc
control of their organic law, and tina
without surrendering any intermediate
supervision and control of it. But thu
constitution is the supreme law of thu
State. IL is superior to the Legislator,
which 1t creates. And it commands thu
Legislature liz the very matter of its owl
relation to the people, providing for it
own periodical reference to the people
from whom it springs. The late Legis
lature, however, without authority from
the people, without an intimation of
desire to disturb the organic law from
any portion of the people, and in the We
ry audacity of delegated power, hav
exacted from all of us a sudden and in
voluntary response to the capricou
question, whether our State constitution
shall continue to exist, be supplanted b
, another, or any other variety Of govern
, ment that impulsive party dominanc
CHduSC W
The fact is, view this movement in til
most lenient aspect that we can, it pre-
Z sents an assumption Of power to be {
once deprecated and resisted. The az
of Assembly which authorisee the yo:
of the people on the Goth of May is Of
: fensive. 1t proposes an assault upon Til
existing constitution by minority of tn
peop. e, however few-by a single ind
vidual, unless (and mark the condition
a minority Of the people come out for i,
; defense. Thus the condition upon whic
: we are to enjoy the right to live unde
our existing organic law is that W
turn out to defend Il from an attire
rhich the Legislature has induguratod
planned, and set an official operatio
against IL.
This is, to our apprehension, a mos
audacious assumption of power, and
movement which exalts the Legislature
, above the constitution and the people. =
| The Legislature demands certain servi
ces Of the respective Sheriffs of counties
that provision may be made for a vote T.
be taken on the Goth of May. Now, il
any voting district in the State, if Their
, be one hundred men who choose to sus
tain the Legislature in its assault upol
: the constitution, and two hundred Wit
: would oppose it, the minority may carr,
their purpose. unless the majority, il
obedience to this legislative caprice
leave their business and their occupation
and it may be added, at some persona
risk, 60 to the polls to defend the organ
ic law under which they live. Our read
crs will perceive that the vote is not Il
elect, not to approve, not to confirm any
thing done by the Legislature. 1t is
on one hand simply to declare purpose
to assail the constitution while mega.
tive, on the other hand, though it should
be overwhelming, only maintains and
vindicatcs the established law. We dc
not hesitate to say that all this is IN di-
rect contravention ofthe theory and prac.
tice Of popular sovereignty, and amounts
to an arbitrary and mischievous assault
upon the first principles of republican
goyernment.-Sun.
SENATOR DOUGLAS AND THE REPUE-