seemed to him that they were attacking the
very foundation upon which the Convention
rested, the inherent power of the sovereignty of
Maryland to prescribe to the Legislature, their
creature, any terms or rules of action which the
sovereign people, through this body, might im-
pose upon the Legislature. While, therefore,
he did not advocate the policy or the propriety
of districting the States, yet he should contend
that the power did inhere in the Convention to
require the Legislature to pass any law not in-
consistent with the Constitution of the United
States. Any provision which might be incor-
porated in the organic law of Maryland, which
should be inconsistent with the Federal Consti-
tution, would undoubtedly be void. But while
the Convention did not run counter to the Fed-
eral Constitution, they had complete and abso-
lute control over the Legislature. The propo-
sition was to require the Legislature by a posi-
tive injunction from the sovereign people, to
pass a law not inconsistent with the Federal
Constitution, but which, in the terms of the
Constitution, should prescribe the time, the
place, and the manner of the election. If the
Constitution of Maryland should contain a man-
date upon the Legislature to pass a law prescrib-
ing that the time shall be within a certain pe-
riod, the place a certain place, and the manner
by districting the State, that would be a consti-
tutional law, though the districting, in his opin-
ion, would be impolitic.
He did not regard this as a matter of qualifi-
cations at all. The Senators would be elected
by the Legislature of Maryland in virtue of a
law prescribed by the Legislature. Therefore,
if the Constitution of the State required the Le-
gislature to prescribe a law, this would' not in
itself, be counter to the Federal Constitution.
If the people of Maryland should say to the
Legislature in their organic law, that they must
pass a law at their next session, and that the
election of Senators should be by districts, it
would be a constitutional act; and the Legisla-
ture would be in duty bound to pass such a law.
The candidate, although taken from a particu-
lar district, would still be a representative of
the State of Maryland, elected by the Legisla-
ture of Maryland, in virtue of a law which had
prescribed that mode. If the Convention should
pass no article to that effect, could not the very
next General Assembly pass a law providing that
the Senator should be elected by districts? And
if, under that law, a Senator should be elected
and sent to the Congress of the United States,
could they reject him? The present Constitu-
tion of Maryland was silent upon the subject;
and yet the Legislature in 1810 had passed an
act districting the State of Maryland, and upon
that law Senators had been elected for years.
it was rather late in the day to say that the Le-
gislature has not the power to district the State,
If then the Legislature has the power, why can-
not this Convention lay an injunction on them?
The gentleman from Charles (Mr. Jenifer,)
and other gentlemen, had argued that if the
Legislature pass a law districting the State, the
Legislature could repeal that law. But whether |
they could repeal a law passed under an in-
junction of the State Constitution, was a matter
for the Senate of the United States to decide.
The Senate would first, perhaps, look at the
credentials, and upon the legislative act under
which the member should be elected, and would
consider him as prima facie a Senator. But if a
caveat should be filed that the legislative act
was in violation of the Constitution of the State,
it would then he for the Senate to decide
whether he could thus be elected by an act of
the Legislature against the State Constitution.
There would then be good ground for the argu-
ment, that the election was not a valid act of
he Legislature, because it was in violation of
an organic, law which is consistent with the
United States Constitution. But this was a
question not for the Convention to consider.
But while he held that it would be perfectly
in accordance with the Federal Constitution,
and perfectly competent for the people, in
adopting a Constitution, to declare that Sena-
tors shall be elected by districts through the in-
tervention of a legislative act, he was opposed
to the exercise of that power, as there was no
advantage to be gained by it.
Mr. GRASON considered this provision as
clearly in conflict with the Constitution of the
United States. The gentleman from Baltimore
city would admit that the Constitution had no
power to make any provision that would inter-
fere with the Constitution of the United States.
It was evident that the Constitution was intended.
to allow members to be re-eligible; but by tak-
ing them in districts they were rendered in-
eligible. The Legislature of Maryland, he be-
lieved, had no right to make them ineligible.
Mr. BRENT said that if there was any such
clause in the Constitution of the United States, as
that Senators should be re-eligible, he would
admit that the present amendment would be
unconstitutional, so far as it would prevent a
Senator from being re-eligible.
M. DORSEY said that so much was said in this
Convention about the sovereign people and their
power, that members were sometimes led into
error upon the subject. The people were sover-
eign to the extent of their powers; but there was
a power above the people,—a constitution of the
United States, If any state undertook to act ill
contravention of that supreme law of the land.
such action would be wholly illegal and void,
The effect of this provision and its bearing upon
the constitution of the United States was such as
to prove that it was beyond the power of the
legislature. Its effect was to add a new qualifi-
cation to the office of Senator of the U. States.
The Legislature could fix the manner of the
election; whether it should be by joint ballot, con-
current vote, viva voce, or in what way it should
be performed But if the Legislature could pass
a law providing that the Senator should come
from a particular section of the State, they could
superadd fifty different qualifications and grounds
of ineligibility. The constitution of the United
States prescribed certain qualifications, to which
nothing could he added by the Legislature, and the
Convention had no more power than the Legisla- |
