and that yearly, except when in Washington,
on public business. I content, that he having
resided years in Baltimore city, and having ta-
ken his family to his country seat in summer
with the intention of returning to the city in
winter, was no abandonment of his residence in
the city, any more that would the annual visit
in search of health to any other place have op-
erated such abandonment. The quo animo must
fix the locus in quo of residence, and the animus
revertandi being conceded, fixes his residence
in the city of Baltimore.
I do not think the case stated sustains the po-
sition for which it was referred to by the gen-
tleman from Baltimore county (Mr. Howard.)
I would beg leave to read an extract from the
report of the committee in direct conflict with
one of the conclusions to which they arrive.
After speaking of the power of Congress to
judge of the qualifications of its members, agree-
ably to constitutional rules, it goes on to say:
"but the State Legislatures being by the Con-
stitution authorized to prescribe the time, place
and manner of holding the elections, incontro-
versies arising under this authority, Congress
are obliged to decide agreeably to the laws of
the respective States." I subscribe to this po-
sition, and commend it to the attention of the
honorable gentleman. And further, in answer
to the argument on the other side, I would offer
the practice of this Government, from the for-
mation of it down to the present time, as to the
exercise of the power on the part of the States
under the provisions of the Constitution. It
will be borne in mind the language is identical
in terms when speaking of the Senators and
Representatives, and in fact the power if ex-
pressed in the same article. I say, I would re-
fer to the power which has been exercised by
each and every State in the Union, and which
power has never been contested, and which the
gentleman will see could not be contested.
But, he says, the only distinction which he can
draw is as to the manner in which the election
is to be made. Now, if that is the only dis-
tinction which the gentleman can draw, I hum-
bly apprehend that when he comes to look at
the Constitution of the United States he will
find that he is at fault, because it makes no dis-
tinction as to the manner at all, but the only
reservation which is given as to the exercise of
power is given as to the place of electing Sen-
ators. Consequently the position assumed by
the gentleman falls to the ground.
"But Congress may at any time by law make
or alter such regulations, except as to the place
of choosing Senators. Congress has a right to
alter the time, place and manner, has a right to
make any alteration in regard to both branches
of the government, except the place of electing
Senators. I really am not capable of perceiving
the distinction between one case and the other;
and I humbly apprehend that the power which
exists in the one case does exist in the other.
Though I should be sorry that such power should
be exercised by the Convention as proposed.
The best talent of the Slate ought to be sought
after to fill the high post of Senator of the |
United States, and when by his ability, assiduity
and experience he becomes capable of doing
honor to himself and the State, and rendering
good service to the country, he should not be
cut down by constitutional restrictions and disqualifications.
It matters not to me where the
man is to be found, whether in Baltimore or in
Western Maryland or the Eastern Shore, or in
Southern Maryland. I take it, we will not elect
a man who is not a Marylander. And if we
should be go unfortunate as not to get a proper
man, I have no doubt a wise Legislature would
avail of the first occasion to apply the proper
corrective.
The Convention then adjourned.
MONDAY, April 7.
The Convention met at ten o'clock
Prayer by the Rev. Mr. GRAFF.
The roll having been called, and it being ascertained
that a quorum wag not present,
Mr. BLAKISTON moved the Convention adjourn.
Mr. STEPHENSON called for the yeas and nays,
which were ordered, and, being taken, were—yeas
4, nays 39.
So the Convention refused to adjourn.
When the name of Mr. Jacobs was called on the
yeas and nays just taken, Mr. Dirickson role in
his place and desired it to be entered on the Jour-
nal that Mr. Jacobs was detained from his seat by
indisposition.
The PRESIDENT communicated to the Convention
that Mr. McCullough had deaired him to state
that he was unavoidably detained from the Con-
vention to-day.
The PRESIDENT also informed the Convention
that Mr. Chandler was confined by indisposition
and prevented from attending the Convention.
On motion of Mr. GWINN it was
Ordered, That it be entered upon the Journal
that Mr. Presstman is detained from the Conven-
tion by indisposition.
On motion of Mr. BLAKISTONE,
The Convention adjourned until to-morrow
morning at 10 o'clock.
TUESDAY, April 8,1861.
The Convention met at ten o'clock,
Prayer was made by the Rev. Mr. GRAFF.
The roll was called,
The Journals of Saturday and of yesterday were
read.
THE LEGISLATIVE DEPARTMENT.
There being no morning business before the
Convention—
The Convention resumed the consideration of
the special order of the day, being the report submitted
by Mr. Johnson, as chairman of the Com-
mittee on the Legislative Department of the Government.
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