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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 464   View pdf image
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464
tion as to Governor? He was quite willing to
impose reasonable restrictions, sufficient to give
an opportunity for candidates to learn all of a
local character, that it is necessary for them to
know, wisely and faithfully to discharge their du-
ties.
He was afraid the gentleman from Kent, in his
unwillingness to change any of the features in the
old Constitution, may be looking beyond the pre-
sent question, and may desire hereafter to retain
what, in this progressive age, we may not think
it necessary to retain. He referred to the Con-
stitutions of different States, on the subject of
qualifications for office, commenting on them as
he proceeded, and stating that although he had
referred to them, he should disregard their local
prejudices, the causes for them not existing in
Maryland. This body should not be controlled
by what has been done by other States dissimilarly
situated, but act independently, and solely with
reference to the feelings and intereats of our own
State. He would not consent to impose any un-
reasonable unnecessary restrictions on the popu-
lar will
Mr. GRASON said he had already suggested
that the restriction ought to be limited. The
people were not likely to elect a Governor who
had not been a resident of the State for seven
years. In reply to the gentleman from Anne
Arundel, (Mr. Dorsey,) that no such restriction
was provided for in the legislative branch, he
would suggest that there will probably be some
discrimination of the same kind, in reference to
the Legislature. But he would remind the gen-
tleman from Anne Arundel, that the executive
powers were confided to a single person, while
the powers of legislation were distributed among
a considerable number, in time of war the Gov-
ernor is invested with important powers, and is
at all times commander of the land and naval
forces of the State. Without some such restric-
tion as was proposed, the Governor might be a
recently naturalized citizen, and commanding
our forces while we were waging a war with
the country that gave him birth. He referred
to the provisions of the federal Constitution,
which required the President to be native citi-
zen; and Senators of the United States to be cit-
izens for nine years. Our naturalized citizens
had never complained of these discriminations.
They wished to be admitted to the general rights
of citizenship, but were not unreasonable enough
to expect, as soon as they landed on our shores,
to fill the highest offices of government. He
was not disposed to require a very long resi-
dence, and had fixed the time according to what
he supposed to be the general sentiment of the
people,
Mr. DORSEY said:
This could not properly be considered as a
constitutional restriction, because the legislature
has the power to control it. The legislature can
pass an act authorising a foreigner to hold real
estate; so that the fact of an individual being by
the constitution recognised as holding real estate
does not of necesssity, prove him not to be a for-
eigner. There ought to be a discrimination. He
wished that all persons who were citizens of the
United States, and residents of Maryland, should
participate in the honors of the state, if the peo-
ple desired so to elevate them.
He was not opposed to the provisions of the
Constitution of the United States in regard to the
qualifications of a President of the United States.
What would he the population settling our im-
mense Western wilds could not be foreseen, and
where danger may be rationally apprehended, it
ought to be against. But, in reference to Mary-
land, there are no grounds of apprehension, and
therefore, no such restrictions should be imposed
on the rights of the people.
As to the remark of the gentleman from Queen
Anne's, (Mr. Grason.) that danger might occur
in case the gubernatorial chair should he filled by
a foreigner against the country of whose birth a
war might be waged, he replied, that if this was
a good objection, it was not provided" against by
the amendment of the gentleman from Queen
Anne's. The Governor cannot take the com-
mand of the army and navy, without the author-
ity of an act of the legislature.
He did not believe that if such a case occur-
red, the Governor would turn traitor. There
have been traitors among natives, as well as
adopted citizens, and our revolutionary war
shows they were more frequently among the for-
mer than the latter, and there would be no great-
er danger of treason, if a naturalized foreigner
filled the Chair. He hoped the amendment of
the gentleman from Baltimore county, would be
adopted.
The question was then taken first on striking
out "ten" years;
And by ayes 36, noes 22,
It was agreed to.
The question was then put first, on the motion
of Mr. GRASON, to insert "seven," in place of
the word "ten" stricken out.
Mr. DORSEY called the yeas and nays,
Which were ordered, and
Being taken, resulted as follows:
Affirmative—Messrs. Blakistone, Pres't pro.
tem., Dent, Hopewell, Ricaud, Lee, Chambers
of Kent, Donaldson, Randall, Kent, Dalrymple,
Bond, Brent of Charles, Jenifer, Colston, Cris-
field, Dashiell. Hicks, Hodson, Goldsborough,
Eccleston, Sprigg, McCubbin, Grason, Dirick-
son, McMaster, Fooks, Stephenson, Ware and
Davis—29.
Negative—Messrs. Dorsey, Wells, Sollers,
Buchanan, Bell, Welch, Lloyd, Dickinson, Chambers
of Cecil, Miller, McLane, Spencer, Shriver,
Gaither, Biser, Annan, Sappington, McHenry,
Nelson, Hardcastle, Gwinn, Stewart of Balti-
more city, Sherwood of Baltimore city, Schley,
Fiery, Neill, John Newcomer, Michael New-
comer, Kilgour, Weber, Hollyday, Slicer, Parke,
Cockey and Brown—35.
So the Convention refused to insert "seven."
The question recurred on the amendment of
Mr. BUCHANAN to insert "five."
Mr. BROWN gave notice that he would, at the
proper time, offer a substitute, which was taken
verbatim from the Legislature of the State of New
York.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 464   View pdf image
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