476 



MARYLAND. 



dent conflict with the constitution. Early in 

 February, however, the following resolutions 

 were adopted, after some discussion, and the 

 Convention Bill continued before the House of 

 Delegates : 



Resolved ly the General Assembly of Maryland. 1. 

 That to prevent anarchy, confusion ; and irregular, 

 unauthorized government, it is expedient that propo- 

 sals to create, or to alter and amend a constitution, 

 should emanate from the Legislature. 



2. That the power of the Legislature, at any time, 

 to refer to the people questions concerning the or- 

 ganic law, cannot be constitutionally limited, inas- 

 much as any limitation would deprive them of the 

 power enunciated in the second article of the Bill of 

 Eights as inalienable ; and inasmuch as the constitu- 

 tion might defer amendments to remote future time, 

 or might render them impossible ; and that one 

 generation cannot in this manner bind future genera- 

 tions. 



3. That, subject to the limitation of the first resolu- 

 tion, the people can at. any time change or alter the 

 organic constitutional law ; but that any attempt to 

 do so by irregular, unauthorized action by a portion 

 of the people would be of dangerous tendency and 

 consequences. 



The majority of the Committee on Judicial 

 Proceedings, to whom the bill was referred, 

 reported unfavorably upon it, but a report was 

 also submitted by the minority of the commit- 

 tee, urging the adoption of the measure. The 

 majority report was rejected. The qualifica- 

 tions of voters on the question were declared 

 to be the same as those required for the elec- 

 tion of members to the House of Delegates. 

 An unsuccessful attempt was made to amend 

 the bill by the insertion of the following words 

 in place of those declaring what persons should 

 be allowed to vote upon the question of hold- 

 ing the convention: "Every male citizen of 

 the State, being also a citizen of the United 

 States, of the age of twenty-one years or up- 

 ward, of whatsoever race or color, or previous 

 condition, who shall have been a resident in 

 the State twelve months, and in the county or 

 city where he shall offer to vote six months 

 before the said day of election, except lunatics 

 and persons convicted of felony not pardoned 

 by the Governor." 



Six votes were recorded in favor of this' 

 amendment. The bill was rejected at the first 

 vote on its passage in the Senate, but was sub- 

 sequently reconsidered, and finally received the 

 required vote of two-thirds of the members of 

 both branches of the Assembly. 



The vote of the people was taken in accord- 

 ance with the provisions of 'this act, on the 

 second Wednesday in April, and resulted in 

 favor of holding the convention. The whole 

 number of ballots cast was 58,718, of which. 

 34,534 were for a convention, and 24,136 

 against it. The delegates were chosen at the 

 same time, and the Governor proclaimed that 

 they would meet on the 8th of May for the 

 discharge of the duties prescribed by the act 

 of Assembly. 



The Republicans of, Maryland were strongly 

 opposed to a convention for revising the con- 

 stitution, unless the delegates who took part in it 



were elected by "impartial manhood suffrage." 

 Early in February a convention of Republicans 

 was called by their State Central Committee, 

 to express the views of the party on the political 

 questions which then agitated the State.. This 

 convention met in Baltimore on the 27th of 

 February, and expressed itself on the subject of 

 the Constitutional Convention Bill, then before 

 the Legislature, in the following resolutions : 



Reached, That the Convention Bill now before the 

 Legislature is in conflict with the existing constitu- 

 tion, and can be made valid only by the assent of the 

 people of the State and the Government of the United 

 States ; and that no change of the existing constitu- 

 tion can or shall be made, or ought to be recognized 

 by Congress, which is not made by impartial man- 

 hood suffrage, without respect to color. 



Resolved, That we request the Kepublican members 

 of the State Senate to prepare an amendment to said 

 bill, basing representation upon population and sub- 

 mitting the question of a convention to all the male 

 citizens of the State, and providing for a new State 

 government on the basis of impartial manhood suf- 

 frage ; and that we shall insist that any change in the 

 constitution shall be made upon this basis, and that 

 no State government now erected without impartial 

 manhood suffrage ought to be considered republican ; 

 and that, in the event of the passage of the oppressive 

 and anti-republican bill now before the Legislature, 

 we will appeal to Congress to provide for the assem- 

 bling of a convention in this State on the basis of the 

 Beconstruction Bill, and to organize a loyal State 

 government with impartial suflrage. 



The meeting adjourned, to assemble again at 

 the call of the president, and accordingly, on 

 the 27th of March, reassembled in Baltimore, 

 and adopted resolutions embodying their hos- 

 tility to the act of Assembly providing for a 

 constitutional convention. The substance of 

 these resolutions was as follows : 



W. hereos, The Legislature of Maryland, since the 

 adjournment of the Eepublican State Convention on 

 the 27th of February, passed a convention bill, in 

 regard to which this convention has already, in pre- 

 vious resolutions, declared its judgment, and this 

 convention is now reassembled as provided for by its 

 fifth resolution on the contingency of the passage of 

 said convention bill ; therefore, 



Resolved, 1. That we return thanks to the Ee- 

 publican members of the General Assembly for 

 their memorial to Congress, presented in that body 

 on the 25th of March, and appeal to Congress to 

 grant the request of that memorial. 



2. We call upon Congress to protect the loyal 

 majority of the people of Maryland, white and colored, 

 and give the State constitution on the basis of uni- 

 versal or manhood suffrage. 



3. We oppose any constitution in subversion to 

 the existing one, and which does not express the will 

 of the people, without regard to color, and with the 

 loyal representatives of the nation, we will resist such 

 constitution as a revolutionary usurpation. 



4. We will take no part in the approaching election 

 of delegates to the convention, further than to recom- 

 mend the Eepublicans of the State to vote against 

 the call for a convention, and use all lawful means to 

 defeat the call. 



The memorial referred to in the first reso- 

 lution called upon Congress to guarantee to the 

 State of Maryland a republican form of govern- 

 ment. No definite action upon it has been 

 taken by Congress up to the present time. An 

 application was made about this time to the 

 Superior Court, for an injunction to prevent 



