Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1885-12-18
Constitutional Convention


article in the Baltimore SIN Of "Wednesday
in which he endeavors to establish The pro
position that it will he within the power
of the next General Assembly to submit to
the people of the State the question o
holding consti utional convention in tn,
year 1886 and to make provision for tn.
holding of such convention in that year
notwithstanding the mandatory provisions
Of the cons tuition of 1867 Col Schar
thinks that the provisions of section oi
article IA Of the present constitution ara
merely directory and are countervailed by
article l of the bill of rights which declares
that the people "have at all times the in
aiienab'e right to alter, reform or abolish
their form Of government in such manner
rs they may deem expedieni.' He also
goes on to review the history of previou,
constitutional conventions to show thai
the directions of the existing constitution
ia regard to framing a new one have rare
ly ever been exactly followed in the call
ing of constitutional convention aud the
formation of new organic law. He give.
much force to the fact that the con.titu.
ton OF 1864 contained provisions in etfec'
identical with those of article II Of the
present cons tuition, and, in the face ot
that fact, the Legislature of 1866 submit
ted the question of q new constitution &c
the people and a convention was called in
the year 1867 which adopted the present.
constitution.
Col. Scbarfs arguments are certsinl,
forcible, yet we do not believe that he es
tabishes his proposition, 1t will be OBJ
served that while there was not AT exact
compliance with the provisions OF the ex
listing consti' u,ion in the adoption Of
thu constitution Of 1851, there was nc
essential departure from The spiri. Of the
provisions of the constitution of 1916 /,
is true, however, that the Legislator ot
1866 did entirely disregard the similar
provisions of the constitution ii 1854 in
calling a convention in 1867. and were
there not extraordinary circuns'snc.s con
nected with that event, il would un,louh,-
ed furnish clear precedent for 'he action
ii is now claimed should be taken by The
coming Legislature. But IT m ST h. re-
-membered that the so called constitution
of 1864 was a revolutionary measure, e.
dopted by minority of the qualified vo-
tiers Of the State that at instrument va.
the machiuation of few bod, bad men,
which was conceived in iniquiiy and born
in sin H-nce being so regarded hy the
people of the State ADD their represents
tives in the Lsgis allure, they naturally
showed their contempt Of it 10y wholly
disregarding its provisions.
applied to tn. cons tuition OF 1867, which
is tho legally AMI fairly adopted organic
law Of the State. We do not believe that
upon a fair construction anything can be
found in article II 81 the pressu, constitu-
tien inconsistent with article OF the bill
of rights. Section / gives 10 the Lsgisla-
ture at all times full power Ia submit
amendmen's to the coas,itltion and pro
vide for their adoption. aud secIion ,. by
fixisg the year 1887 as the ysar in which
the question Of wholly remodeling he
constitution shall be submitted and exact
y defining the manner in which i, should
ba done. showed a Gear plrpose on the
part Of the people tn limit the powers If
the Legis' azure to those methods. The
right OF resolution. of course, always re-
mains with the people; but the powers OF
the Legislature are defined and limited by
the constitution, and it would be an eX-
ceedingiy unsafe rule for il to assume to
act in conflict with its explicit provisions,
and, unless much greater necessity for an
immediate change in the constitu ion ex-
isted than has been shown, the people
should not only acquiesce in, but insist
upon the Legislature keeping within the
boundaries marked out 10y the constitu-
ton. Frequent con titution tinkering is
to be avoided as n dangerous remedy OF
light evi 8, and article Il evinccs a r.cog-
milton of this principle on the part of the
people of the 5 ate and should be respect
ed.