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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 887   View pdf image
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887
house, it had been said it was absolutely requisite
the Constitution should be adopted by a vote as a
whole. He understood this to have been then
distinctly stated or assumed by his friend from
Queen Anne's, (Mr. Grason,) the gentleman from
Baltimore, (Mr. Howard,) the gentleman from
Frederick, (Mr. Thomas,) and others. Several
speeches were made by the most distinguished
gentlemen of the peculiar party of reform, all
upon this assumption, and no voice e contra, was
raised—no one resisted the notion of its correct-
ness. Indeed much complaint had been made
that the President had permitted a measure to be
considered as adopted on one occasion, when
each part or branch of it had been separately
passed, and without a vote on the whole as a
whole. It was strongly urged as against all rule.
indeed, to use perfect candor, he had no doubt
the friends of the Constitution did then intend to
take a vote on the whole. They, perhaps,
thought it not only proper, but necessary. He
had, at the time, asked a quiet friend to note
what was passing, that it might be seen how the
finale would correspond with what was then go-
ing on.
A very singular change of opinion had occur-
red since those few days part; and the conse-
quences of that change were quite remarkable,
and very well worthy to be noticed. If not no-
ticed here, they could not fail to attract notice
elsewhere. If a direct rote on the final adoption
of a Constitution had been taken, and upon that
final adoption, there had been but 35 votes, out
of 103, in favor of it, although that number, 35,
might have been a majority of the attending quo-
rum, if would probably have been such an indi-
cation of feebleness on the part of this new-born
government, such an appearance of desertion by
its immediate authors, that it never could have
gone forth with any hope of acceptance by the
people.
Now, therefore, the modus operandi must be
made to conform to the weak condition of the
concern, it is no longer desirable to vote on the
adoption of the whole, but it is to be regarded as
passed, when all the scattered pieces which from
time to time have receivdd the sanction of a quo-
rum, shall be collected and signed by the Presi-
dent. That mode of operating will not disclose
the diminished state of the forces.
And now sir, (said Mr. C.) how is this indirect
movement, this newly devised mode of adoption
how is it sustained? Why sir. by exactly 35
votes. By that vote, 35 to 31, the order of the
gentleman from Baltimore county, (Mr. How-
ard,) has but a few minutes since been passed. I
do not mean to assert, (said Mr. C.,) that if a de-
liberate, discreet and dignified course of proceed
ing should be pursued in the final adoption, there
would be no more than that number of votes in
its favor. I believe there would be more, but
do mean to say, that by this process, it result
that the vote which does virtually and indirectly
adopt the Constitution as a whole, is the vote of
35 to 31.
Mr. HOWARD. The gentleman from Anne
Arundel alluded to the order of the supervisory
committee. What was it?
Mr. CHAMBERS. You have it sir. I think you
have. It was delivered to you by the gentleman
from Queen Anne's,
Mr. HOWARD. Do, if you please, recollect
what tools place.
Mr. CHAMBERS. When you gave your assent
as I believe you did to propose my order, why
did you abandon it and present your order?
Mr. HOWARD. I will state the reason, and I
wish the gentleman, (Mr. Chambers,) to state
this: in what respect the order, which was adopt-
ed in the Revisory committee, differed from the
order here.
Mr. CHAMBERS. That is the very point I
propose to make.
Mr. HOWARD. What was the difference?
Mr. CHAMBERS said:
If he was to be cut off short in what he had to
say, it might be difficult to get at the history of
the matter. The night was far spent, (quarter
past one in the morning,) and his mind and body
were both exhausted. He would proceed in
what he was talking of when the question was
proposed to him by the gentleman from Balti-
more county, (Mr. Howard,) which in due time
he would fully answer.
Here we were, holding over in fact, after the
day for final adjournment, with a bare quorum,
passing a Constitution by thirty-five votes. Yet
gentlemen who claim to be especial friends to
reform, refuse to act with deliberation and so-
lemnity, because they say that they must go home
in the morning train of cars.
Well, sir, (said Mr. C.,) the anxiety of gentle-
men to get to their homes and their willingness to
leave the Constitution before it is completed,
whether justifiable or not, cannot alter a stub-
born fact. It could not make an engrossed Con-
stitution when there was none. Did any man.
here ever hear of submilting to any but mem-
bers of the legislative body, the engrossing of a
law? Did any one ever hear of engrossing at
all after the final adjourment and separation of
the body? Never did such a thing happen on the
face of the earth.
The engrossing committee was like every oth-
er committee, a part of the body itself, named to
act for, and in behalf of the body, and to aid its
action. Like all other committees the result of
its labors was to be reported to the body for its
approval and adoption. The committee never in
any instance concluded the body by its action,
much less did it act after the body ceased to ex-
ist, for then it must of necessity also cease as
being but a portion of the body. To talk of de-
puting a committee clerk to make the Constitution,
seemed to him a truly wild scheme. The
gentleman who it is now said .had entered into
this arrangement, had, he thought, admitted that.
He had not understood them to dissent when he
had so warmly expressed his decided hostility to
it in the committee room, and he would now re-
peat that never, so far as his voice could prevent
it, should a Constitution be sent out as from the
Convention, when in fact and in truth it would


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 887   View pdf image
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