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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 471   View pdf image (33K)
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471
the fact that in the old articles of confedera-
tion the States were named. In the Consti-
tution of the United States, in the preamble
which is said to be the key of the whole in-
strument, instead of the States being named,
is the expression: " We, the people of the
United States." It is admitted, as I under-
stand, by all the gentlemen who have made
arguments upon this occasion, and I think it
is admitted by Mr. Webster himself, that if
you once admit the fact that the States formed
this government, it follows as a logical con-
clusion that the States have the right to exer-
cise their judgment as to when that govern-
ment acts grievously and oppressively upon
them. I think Mr. Webster said that would
follow as a logical conclusion. Now what is
the reason that in the preamble to the Consti-
tution of the United States, the names of the
respective States were left out? It was simply
because the Convention which framed that
Constitution required that it should be ratified
by nine States, and they did not know which
of the thirteen States would ratify it. If
they had known that, they would have put
all nine of them into the Constitution by
name. So that so far from the expression
" We, the people of the United States" being
an argument to show that they bad relin-
quished the recognition of the fact that the
States had formed the instrument, the history
of its formation goes to show the very reverse.
I do not desire to fatigue the Convention,
which is no doubt already fatigued with this
subject. I will not review the authorities
which I had arranged, and which I should
have liked to refer to, I am rejoiced that I
am relieved from that labor. But I would
appeal to this Convention to cling to this
Constitution as the palladium of their liber-
ties I mean this old Constitution of the
United States which our fathers made; and
that they bring no one man power, no des-
potic influences, between the people of the
United States and the Constitution, If we
look at the eagle that sits over the old Senate
Chamber, we see what it is intended to rep-
resent. It sits there with its talons stretched
around separate and distinct States. And
when that eagle grasped in its talons the rug-
ged shafts of power, and taught that one peo-
ple could be sheltered under one great Con-
stitution, I consider that the destiny of repub-
lican liberty was ascertained. Those ar-
morial hearings have been to the United
States what the sacred talisman was to the
men of old—acharm against all attacks. I
appeal to you, then, to cling to that instru-
ment as the palladium of your liberties, as the
embodiment of all that has ever been said or
written upon this subject, and let us resolve
that if we leave for posterity no other inher-
itance, we will at least leave them the inher-
itance of free principles, and the example of
a free, manly, independent and constitutional
defence of them.
Mr. BERRY, of Prince George's. We were
here this morning for five hours, from ten
o'clock to very near three o'clock; and I
think we have been here a sufficient length of
time this afternoon. I do not see the neces-
sity of staying here unless some gentleman
desires to occupy the attention of the Con-
vention. As no one seems inclined further to
argue the pending question, I move that we
adjourn.
The motion was rejected—ayes 23, noes 30.
Mr. CUSHING. Cannot we informally pass
over this article, and take up the amendment
proposed by the gentleman from Baltimore,
(Mr. Abbott,) or any other amendment that
gentlemen may desire to offer to the bill of
rights?
The PRESIDENT. It was the understanding
that all the other articles should be disposed
of before that of the gentleman from Balti-
more city should be offered.
Mr. ABBOTT. During your absence there
was a different arrangement; and the article
has been placed upon the journal. But inas-
much as there are some principles in that
amendment which are involved in the twenty-
third article, I should prefer that that should
be acted upon first.
Mr. DANIEL. I move that we take up the
report of the Committee on Civil Officers not
otherwise provided for
Mr. BERRY, of Prince George's. The Chair-
man of that committee is not here.
Mr. DANIEL. Then I withdraw that mo-
tion, and move that we take up the article on
future amendments to the Constitution. Is
the chairman of that committee present?
The motion was rejected.
Mr. SCOTT. I hope we shall adhere to one
thing at a time. We are now upon the De-
claration of Rights, and I hope we shall finish
that before taking up any other article. If
no other gentleman wishes to speak, I move
that the chairman of the committee now pro-
ceed to make his closing speech on this article.
The PRESIDENT. That would he in viola-
tion of the order adopted by the House.
Mr. DUVALL moved that the Convention
adjourn.
The motion was rejected—ayes 28, noes 29.
Mr. DANIEL moved to reconsider the order
fixing the time for closing the debate on this
article.
The PRESIDENT. The Declaration of Rights
is still pending before the Convention.
Mr. STIRLING moved that the further con-
sideration of the Declaration of Rights be
postponed until to-morrow morning.
The motion was agreed to—ayes 34, noes
not counted.
MISCELLANEOUS.
Mr. ABBOTT submitted the following order :
Ordered. That the President be authorized
to direct the Sergeant-at-Arms to attend at the
railroad station and at the steamboat landing


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 471   View pdf image (33K)
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