"14 Nov. 1788—12 Nov. 1791" 147

any others, and that this is such a qualification as the Legislature could not impose. [']The
times, places, and manner of holding elections for Senators and representatives shall be pre-
scribed in each State by the Legislature thereof [,.] &ca. [T]he Legislatures in several of the
other States have given the same construction to the Constitution as is given by our Act of
Assembly viz. that they had a right to require that the representative should be a resident of
the district for which he is chosen. It appears to me to be only modifying the qualification, and
in a manner not inconsistent with the Spirit of the Constitution as the door is left open for
every person to be elected who has the qualifications prescribed in the Constitution and Mr.
Pinkney might have been elected for the fourth district wherein he resided.

"As it is essential to liberty that the Government in general should have a common
interest with the people, so it is particularly essential that the representative should have an
immediate dependence on, and an intimate Sympathy with the people: dividing the State
into as many districts as it is entitled to representatives and electing a person residing in each,
seems calculated to secure this dependance and sympathy, and a Representation best acquainted
with the interests and circumstances of the electors.

"The Legislature conceived they had the right, and it does not appear to me to be
repugnant to the Constitution, I therefore cannot hesitate in giving my opinion that it is our
duty to pursue the directions of the Act and not return Mr. Pinkney as a Representative duly
elected for a district in which it is admitted he was not a Resident at the time of the
Election."

J. E. Howard
[signed]

The Council adjourned 'till tomorrow morning.

[p. 233] Saturday 6th. November 1790

The Council met.

Present—His Excellency John Eager Howard Esquire

The Hon'ble. John Kilty

James Brice
William Hindman
Randolph B. Latimer Esquires

Ordered that the western shore Treasurer pay to Peter Engels Sixty two pounds, ten
shillings for six Months Salary as Armourer at Frederick town due this day.

The Hon'ble. John Davidson Esquire attended.

Ordered that the western shore Treasurer pay to Lieut. Colo. Uriah Forrest Sixty
seven pounds, ten shillings for six Months half pay due the 1st. instant.

The Council adjourned 'till tomorrow morning.

Sunday 7th. November 1790

The Council met.

Present as on yesterday.

The Council adjourned 'till tomorrow morning.