would suggest to his friend, that he had better
confine his amendment to appointments made
by the Governor and Legislature, and not to
those elected to office by the people. Suppose
you were a member of the Legislature, and
your friend desired you to be Governor, for in-
stance, although you might be preferred to any
other gentlemen, yet the people would be de-
barred the benefit of your services. Therefore,
do not hold out to the people the idea that you
have implicit confidence in them, and directly
after say to them, you shall not elect to office
those they prefer. He hoped his friend would
modify his proposition.
Mr. BOWIE suggested to the mover of the
amendment the adoption of the word "elected,"
instead of appointed.
Mr. TUCK. accepted the amendment,
Mr, CHAMBERS said he found from various
communications made to him, much discontent
was felt by persons whose opinions were enti-
tled to consideration, in regard to the terms of
this provision. The word "teacher" was con-
sidered as so indefinite as to allow a very ex-
tended meaning, and one which might include
a class of persons not designed to be excluded
by those who had adopted it. The terms in
which the existing constitution expressed its
meaning were plain and explicit, and had re-
ceived an interpretation now generally under-
stood. He therefore proposed to substitute
them for the word he had moved to strike out.
The question being taken on the acceptance
of the substitute, it was determined in the affirmative.
The question then recurred on the adoption
of the amendment.
Mr. BRENT, of Baltimore city, moved further
to amend said report by adding at the end there-
of, as an additional section, the following:
"It shall be the duly of the General Assembly
at its first session after the adoption of this
constitution, to regulate by law, the time of
holding elections for Senators of the United
States, so that the said elections shall not take
place earlier than at the regular session of the
General Assembly next preceding the commencement
of the Senatorial term to be filled,
and the said time when so fixed, shall not be
altered by any subsequent law."
Mr. B. stated that at the very last session of
the Legislature, there had been an election to
fill an unexpired term, and also to fill an entire
term to commence on the 4th of March, a year
afterwards. There was nothing in the present
constitution to prevent the Legislature from
electing a Senator six years before his term
would commence.
Mr. BOWIE was glad that an amendment had
been offered in relation to the election of U. S.
Senator. He held that the State of Maryland
had entire control over the whole subject, ex-
cept so far as limited by the Constitution. The
Constitution providing that the election should
be by the legislature, it would not be competent
to throw it before the people; but it would be
competent to prescribe the mode and manner in
which the Senator should be elected by the |
Legislature, if the office of Governor was so
important that it was deemed expedient to dis-
trict the State in order equitably to divide that
honor and advantage among the different por-
tions of the State, he trusted that a provision
would be introduced also to district the State
with regard to the no less important office of
U. S. Senator. He was clear upon the question
of Constitutional right. If the plan for district.
ing the State should be adopted, there could be
no complaint between different sections, that
any one section was neglected.
Mr. BRENT suggested that this was altogether
beyond his amendment.
Mr. BOWIE inquired if he had any doubt about
the Constitutional right.
Mr. BRENT replied that he had not examined
that question directly, but his impression would
be that it was not unconstitutional. He was in-
clined to think he should vote against it, how-
ever, as being inexpedient.
Mr. CHAMBERS suggested that this question had
already been decided in a case before the Senate
of the United States, which had the right to
judge of the elections of its own members. He
had not examined the question definitely, but he
believed that the Senate had decided that the
election must be made at the session next previous
to that at which the term would commence, in
reference to the districting of the State, the Le-
gislature had at one lime undertaken to divide a
district geographically, making the whole district
elect two members, one from each side of the line;
but the two highest votes being given for individ-
uals on the same side of the line. Congress had
admitted those members, deciding that the Legislature
had no right to make any such provision.
Mr. BOWIE stated that this was an entirely dif-
ferent case. In that case a conflict had arisen
between candidates in the same Congressional dis-
trict. He held it to be entirely competent for the
State to decide from what portion of the State &
United States Senator should come. The Consti-
tution of the United States prescribed that the
Senator should be elected by the Legislature, and
left to them to determine the mode and manner.
This was a question upon which he was anxious
that there should be an understanding. The Con-
vention were engaged in the distribution of pow-
er, and if the State was districted with regard to
the Governor, much more ought it to be districted
in regard to the infinitely more valuable and hon-
orable office of Senator of the United States The
only question was whether the Convention would
do it? They had the power, and lie considered it
their bounden duty to do it. He hoped, there-
fore, that the gentleman from Baltimore would
unite with him in passing such a provision,
Mr. BRENT, of Baltimore city, said that the
whole power of regulating the place and manner
of the election of United States Senator, in the
absence of legislation by Congress, was in the
Legislature of the State. The only question now
was, whether the Constitution of the State could
dictate to the Legislature the time, place, and
manner? He believed that as the Legislature was
the creature of the Constitution, the Constitution
might prescribe any such regulation not inconsist- |
