St. Mary's gazette., 1867-03-14
She Convention Bill.

-ei'c foI ,he following report q tie deoa's
N the Maryland Senate on the ! Ia =
stsns Gu he I'LL to cals a Coustltu'i9 9
Con vertion, from which it viii be -
sfat Senator Maddox. Of this eo1rN,
though oPpo+ing he call. voted for It in
/ obedience to the visacs Of his party friends
in the Legi.ia'ure-
Nr, Maddox offered an amendment to
strike out tn. provision Of the bill for hold
ing tlye election in May next. and insert
I .Tuesiay after the first Monday in No
vembcr, 1868" Mr.. Maddox then read
section . of the Bill Of Rights:
Section 2. That all government OF
right originates from the people. Us founs-
! ed in cou,pacts only and instituted so'cly for
J the good of the whole; and they have stil
times the inalienabie righ, to alter, reform,
or abolish their form Of government, n
such manner as they may deem ezrdi-
ent."
! Fc then read article IS of the Bill Ct
Rights: ;,
''Article As That the Legislature shal
pass 10 law providing for an altcra'rH
j change or abolishmeut Of this ConstltI-
ton, except in the manner therein S'a
scribed and directed. u
/ He also read from the Constitution, ar
.icle II, section ,, as follows
Section 2 Whenever two-thlrds OF The
members elected TO each branch of the
. General Assembly shall think 1t necessary
to revise, amend or change this Coasti u
ten, they shall recommend TO the electors
to vote at the next election for members of
the General Assembly for or against
convention. &c.
Mr.. Maddox argued that there was a
conflict in the bill Of Rights or there was
not If there was conflict the constltu-
tional provision Of s.. ctioA ,, article IL.
vas binding urol the Legislature. If
there was no conflict the II section OF the
B:ll Of Rights stated in full terms that the
p,orle had a hight to ch1n-c their form of
! Government VT they chose, which IS al
ways to lie considered revolutionary
! i ;ht, aud which p~i plc no constsunon
can. affect TIA, section il entirely aPPlI-
cable to a revolutionary action.
! Bat he contendcd that the 10Th section
regarded a legislative enactment, aud If
the Legislature clTosc to enact law, that
! !aw must be constitutional, and to be con-
! stitut:olal must receive the requisite vote
On the election, must DC held at the proper
! time according 10 section ,, article of
| the Constitution. As regards the lcgltl-
mate vote, he said this was IN the future
and he could not tell until the vote was
| taken whether it received constitutional
majority, but the time was stated in the
/ Lill, and considering it constitutional,
| hence his amendment.
| Mr.. Nickcrs said he did not rise to dis
cuss the question, but he would ask tne
! Senator from St. M2rys Mr.. MaddoSJ If
the Constitution could not be amenrel |in
any other ulode than that pointed utia
the Constitution Suppose it conta,ned a
provision that IT should uo. be changed,
altered or amended for tt lali6ii S 2 =
thousand years. would suc>
obligatory and binding urN !
! Must thc7 await this lapse o1 re
they could change or am"nl fr-
gued that one Legislature could not btd
another. neither could one convention liI2lt
! or restrict another.
The people are the sovereign aun j
Of the State, and if they, through rhciN F.
representatives., should submit the gu stlon
Of calling convention. and they, tue 4ov-
er,isn authority, shall decide 10 have 4
convention. can the Constitution say they
shall not? |, was their inal;cnabo right
~ all times TO alter. reform or abolish their
form Of government,
Tho Constitution Of 17116 prescribed a
mode. and only one mode by which it
could be altered or amended. There was
! no other mode left. if its provision was
binding, and vet. did the convention OF
1851 comrly with :ais provision and con-
form to this mode? The question was
submitted to tho people by the Legislature
regardless of the provisions OF the tonsntu-
ton Of l116 and the people decided for
themselves. And was the convention OF
. 1864 called in the mode prescribed by the
/ Constitution Of lS5ls
! Tha; Constitution provided that she ques-
sion should be submitted to the people I'M
medistely after the next census was taken
and The people should then, at this time OF
submission, decide whethor or nos they
would hav. contention. " hen the ques-
ton was submitted, tho election OF dele
gates took place at the same time, lrrcs-
pcctiyc of the Constitution OF lSol
<ov we are called on, notwithstanding
thes, proceedings, to proceed in calling a
conycntio.. as prescribed 10y the Constltu-
ton Of 1854. He would not discuss the
point.
Mr.. Maddox thought his frs: observations
were a good answer to the questions OF the
Senator from Kent He would s-y. how
ever. that no one convention could bind a
future generation as regards 4 rcvolutiona-
ry right. because that right WAS ebovc the
Constitution. But if the Legislature, IN
il, capacity rs such desire, to pass law
that law must be constitutional, There
are remedies under the revolutionary right.
The Constitution ct l716 did preScr,Uc a
mode which was violated by the L"gls!a-
turc. lie was confident that the dominant
PARTY Of the State at that time opposed the
/ action Of She Legislature and pronounced
unconstitutional that very proceeding, =
What was constitutional then ought 10
be the same now, because fundamental
nrincirlcs never change.