classification of the Senators, the constitution,
in the same article and section, continues:
"No person shall be a Senator who shall not
have attained to the ago of thirty years, and been
nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant
of that State for which he shall be chosen."
Here were three qualifications. The Senator
must be thirty years of age, nine years a citizen
of the United States, and must be an inhabitant
of the State If a Senator should be elected
who should be under thirty years of age, who
should not have been a citizen of the United
States for nine years, or who should not be an
inhabitant of the State, whatever provision there
might be in the constitution of Maryland, the
election would be null and void, because it
would conflict with the Constitution of the Uni-
ted States.
Now, if a provision should be engrafted in
the Constitution of Maryland that a lawyer or
any other profession should not be elected a
Senator of the United States, aprovision which
might be incorporated, and if the Legislature
should then proceed to elect a lawyer, what
would be the result? Would the United States
Senate respect the constitution of Maryland in
conflict with its own? Or suppose that the pro-
vision should declare that Senators should be
elected alternately from the Eastern and West-
ern Shore, and the Legislature should disregard
the provision, would not Congress look alone to
the qualifications imposed in the Constitution of
the United States? It seemed to him that there
would be no remedy upon the part of the State.
You cannot add additional qualifications to those
presented by the Constitution of the United
States.
But, Mr. J. continued, it was bad enough to
district the State, from one of which districts
you were compelled to select a Governor—that
we had a right to do, because there is no su-
perior power to control. But to district the
State into four divisions, from one of which the
Legislature shall be compelled to select a United
States Senator, where, in fact, there might not
be a man qualified to fill the station, is a pro-
position which he did not suppose any intelli-
gent man, and especially his friend from Prince
George's, could entertain. The United States
Senator is the representative of the whole State
and not of a section, and we should have the
best men in the State, no matter in what part
they may reside. Since the formation of our
government, we have always elected one Sena-
tor from the Western and one from the Eastern
Shore of Maryland, because there were always
well qualified men to be found on either shore.
Mr. J. hoped this practice would continue for
all time to come. Their Senators had done
credit to themselves and to the shores from
which they were elected, but should the time
ever come, which he trusted and believed never
would, that on either shore a man could not be
found to serve who was not qualified, he hoped
that those sectional distractions would settle to
the paramount interest of the State and the
country. Mr. J. repeated that he was gratified |
that similar, opinions were entertained by the
learned gentleman from Kent, (Chambers,) who
had been a Senator of the United States, and also
by other gentlemen from both the Western and
Eastern Shore of Maryland.
Mr. HOWARD said that since this question had
come up on yesterday he had given it consider-
able reflection. His first impression had been
to coincide with the gentleman from Prince
George's who offered the resolution, upon the gen-
eral doctrine of State rights; that the State had
a right to form a Constitution, and that the Le-
gislature was bound to observe it. Subsequent
reflection had satisfied him that such a provision
would be entirely nugatory, and had induced
him to coincide in opinion with the two gentle-
men who had just spoken. By way of illustra-
tion, he would suppose that the provision should
be adopted, and that the Legislature should elect
regardless of the injunction. The credentials
of the Senator thus elected would be presented
to the Senate of the United States, and how
would that Senate have a right lo decide ? The
right to decide was found in the provision of the
Constitution found in the 5th section:
"Each House shall be the judge of the elec-
tions, returns and qualifications of its own mem-
bers." '
The question would then arise whether the
fact, that the person elected resided in a par-
ticular district, should be considered as a dis-
qualification. He believed that the Senate
would decide that it was not; and that they had
a right to insist that no barrier should be inter-
posed other than the disqualifications expressly
named in the Constitution. The Constitution
further provides:
"The time, places and manner of holding..
elections for Senators and Representatives shall
be prescribed in each State by the Legislature
thereof; but the Congress may at any time, by
law, make or alter such regulations, except as
to the places of choosing Senators."
Now, would the Legislature have the right to.
do that which it was proposed to do? Could the
portion of the State from which a Senator should
be elected, be considered as connected with the
manner of holding the election ? The Legisla-
ture would have the right to say that the Sena-
tor should be elected by the concurrent vote of
both branches, or by the branches separately.
But this provision had no reference either to
the time, place or manner of holding the elec-
tion. And if the Legislature had not the right
to impose such disqualification, the Convention
could not do it. In the case supposed, of an in-
dividual elected by the Legislature in violation
of such a provision in the Constitution, the Sen
ate would say that there was no other disqalifi-
sation than that imposed by the State Constitution,
and that such a disqualification should
not be regarded as an impediment to the admission
of the member elected. He therefore concurred
in the views expressed by the two gentle-
men who had preceded him.
Mr. BRENT said that it was with a good deal
of diffidence that he had differed from the gentlemen
who spoken upon this question; but i |
