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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 213   View pdf image
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213
effect the separation of the National and State
politics, then he would be himself its warmest
advocate. But experience had shown this to
be impossible. They had always been connected,
in fact, however wide apart the elections
were. He had only risen to remind the gentleman
from Queen Anne's of the amendment he
had introduced to a section informally passed
over, and which yet remained unacted upon.
Mr. BUCHANAN said he had listened with some
attention to this debate, and he could not help
being amused at the remarks of his friend from
Kent, (Mr. Mitchell.) That gentleman, (said
Mr. B,) known to be one of the most liberal
members of the Convention, has suddenly become
marvelously economical. He thinks it altogether
useless to have two elections, when byhaving one
only half the expense might he saved to the
State. This is true enough, (said Mr. B,;) but if
economy he the only object of the gentleman,
does he not perceive that the whole expense may
be saved by having no election at all? But I
suppose there are other considerations operating
on my friend—laudable, of course—besides those
of economy.
As to himself, he was altogether opposed to
the commingling of National and State elections.
He belonged to the old State Rights party, and
had no idea of surrendering the privilege which
belonged to Maryland to legislate for herself on a
matter of so great importance to her as this is,
What is the proposition here made? it is that
we shall forego the right to fix a day for our-
selves, for our most important State elections,
and submit the whole matter to the discretion or
caprice of the Congress of the United States. To
tins, I, for one, will never consent,
The Constitution of the United States provides
that Congress may determine the time of choosing
the Electors, and the day on which they shall
give their votes, which day shall be the same
throughout the United States. In pursuance of
this provision of the Constitution, the act of 1792
was passed, which act provided for the appoint-
ment of Electors within thirty-four days preceding
the first Wednesday in December, and within
the same time in every fourth year succeeding.
Under this law inconveniences were found to
arise, and further legislation became necessary.
In 1845 Congress passed a law making the elec-
tions of Electors uniform throughout the United
States; that is to say, on the Tuesday next after
the first Monday in the month of November of
the year in which they are to be appointed.
Now, I would beg to know of the honorable
members of this Convention—the representatives
of the sovereignty of this proud old State—what
might not be the extent of the inconvenience and
wrong to us, if we were to submit to this innova-
tion? Do we not know that the legislation of
Congress is often fluctuating? and what guarantee
have we that at the very next session they may
not puss a law changing altogether the day of the
Presidential election? What alternative, in that
event, would we have if we adopt the amend-
ment now proposed, as part of our Constitution?
None. We would be constrained to follow withersoever
Congress might lead. It is the policy as
well as the duty of this State to establish fixed
days. by her own Legislature, for her own local
elections.
Suppose you adopt the proposition to have the
State and National elections on the same day,
and that the question should be put to the gentle-
man from Kent, " When does your Gubernato-
rial election take place?" what would be his re-
ply?" The time was, he would doubtless say,
when I could have answered that question with
precision and certainty, but now I cannot—we
have surrendered ourselves to the legislation of
Congress. He would continue: our election, I
think, will take place on the first Tuesday after
the first Monday of November, in the year 1853;
bill I am not sure—it depends upon Congress. Con-
gress may change the day, and if the day of the
national election is changed, we must change
with it. This state of things (said Mr. B.) is a
reflection upon ourselves—it is an abandonment
of our State pride and a surrender of our inde-
pendence of action. Do gentlemen remember
that the Delegates from Maryland to the Conti-
nental Congress were unanimously instructed from
this very spot to go hand-and-heart for the Dec-
laration of independence—but, at the same time,
to take care to reserve to the State complete in-
terrial sovereignty ? Can they remember this, and
surrender that sovereignty now? I cannot be-
lieve it.
Again : if the two elections, State and Federal,
are to be commingled, what is to become of the
State elections and of State concerns? National
topics will engross the public mind, and State
affairs be wholly overlooked. Is it possible that
our State concerns are of so little worth that we
cannot give to their consideration a single day?
A word to my friend from Anne Arundel, (Mr.
Dorsey.) He believed that gentleman was really
anxious to form a good Republican Constitution.
The liberal remarks of the gentleman a few days
ago in reference to the rights of naturalized citi-
zens had convinced him of that fact.
In the dehale now pending, the honorable gen-
tleman from Anne Arundel wishes to know why
it is that the Governor is to remain in office dur-
ing his whole term, whilst others are to be imme-
diately displaced?—why the Judges, fur instance,
are to be required to surrender their ermine, and
the Governor to remain untouched?
By what authority, asks the honorable gentle-
man with emphasis, do you demand that the
Governor shall remain? By what authority? I
answer as did Mirabeau in the Assembly of
France, to the emmissary of the king: By the au-
thority of the people ! They placed him where
he is by a triumphant majority proclaimed from
the ballot-boxes, long after this Convention came
into being. His warrant, I repeat, is direct from
the sovereign authority, and against that authority
who can rebel?
Mr. B. said he had gone further than he had
intended. His main object in rising was to im-
plore the Convention not to surrender any part
of the " inherent sovereignty of the State."
Mr. WARE demanded the yeas and nays, which
were ordered, and being taken, resulted, ayes,
37; noes, 29; as follows ;


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 213   View pdf image
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